On October 11, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies (Inv. No. 337-TA-1074).

By way of background, this investigation is based on a September 6, 2017 complaint filed by Rockwell Automation, Inc. of Milwaukee, Wisconsin alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe various Rockwell trademarks and copyrights. See our September 14, 2017 post for more details on the complaint.

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On October 10, 2017, ALJ Dee Lord issued Order No. 5 in Certain Recombinant Factor IX Products (Inv. No. 337-TA-1066).

By way of background, this investigation is based on a July 7, 2017 complaint filed by Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC—all of Waltham, Massachusetts— alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation of certain recombinant Factor IX products that infringe one or more claims of U.S. Patent Nos. 9,670,475; 9,623,091; and 9,629,903. See our July 17, 2017 and August 11, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

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On October 5, 2017, ALJ David P. Shaw issued Order No. 6 in Certain Road Milling Machines and Components Thereof (Inv. No. 337-TA-1067).

By way of background, this investigation is based on a July 19, 2017 complaint filed by Wirtgen America, Inc. of Antioch, Tennessee alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation of certain road milling machines and components thereof that infringe one or more claims of U.S. Patent Nos. 9,644,340; 9,624,628; 9,656,530; 7,530,641; and 7,828,309. See our July 26, 2017 and August 23, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

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On October 5, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same (Inv. No. 337-TA-1073). Please note that Oblon represents the Aisin Seiki Respondents in this matter.

By way of background, this investigation is based on a September 5, 2017 complaint filed by Intellectual Ventures II LLC of Bellevue, Washington (“IV”) alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same that infringe one or more claims of U.S. Patent Nos. 7,154,200; 7,067,944; 7,067,953; 7,683,509; and 7,928,348. See our September 8, 2017 post for more details on the complaint and our August 16, 2017 post regarding the termination of an earlier investigation (337-TA-1052) involving the same parties based on IV’s lack of constitutional standing.

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On September 28, 2017, Tessera Advanced Technologies, Inc. of San Jose, California (“Tessera”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Samsung Electronics Co., Ltd. of South Korea, Samsung Electronics America, Inc. of Ridgefield Park, New Jersey, and Samsung Semiconductor, Inc. of San Jose, California (collectively, “Samsung”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wafer-level packaging semiconductor devices and products containing same (including cellular telephones, tablets, laptops, and notebooks) and components thereof that infringe one or more claims of U.S. Patent Nos. 6,784,557 (the ’557 patent) and 6,954,001 (the ’001 patent) (collectively, the “asserted patents”).

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