In an order recently made public, Chief Administrative Law Judge
("ALJ") Bullock denied Respondent Hitachi Koki USA,
Limited's motion for summary determination of non-infringement
because the motion was based on an incorrect interpretation of his
claim construction. See Certain Gas Spring Nailer
Products and Components Thereof, Inv. No. 337-TA-1082, Order
19. Based on a dispute between the parties as to the meaning
of the claim term "on," ALJ Bullock revisited his claim
construction to clarify what he meant.
During claim construction, the claim term "lifter
member" was construed as a "rotatable component
having lifting pins on its face surface."
Complainant Kyocera Senco Brands Inc. contended the
Respondent's interpretation of this construction was incorrect
because it prohibited lifting pins that extend through a
hole on the face surface. ALJ Bullock noted that,
pursuant to 19 C.F.R. § 210.1 8(b), summary determination is
appropriate "when there is no genuine
