By Eric Schweibenz
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Dec
05
On November 30, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, and Products Containing Same (Inv. No. 337-TA-1031).

By way of background, this investigation is based on an October 31, 2016 complaint filed by DSM Desotech, Inc. of Elgin, Illinois and DSM IP Assets B.V. of the Netherlands 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 UV curable optical fiber coatings, coated optical fibers, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,961,508; 7,171,103; 7,067,564; and 7,706,659. See our November 1, 2016 post for more details on the complaint.
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By Eric Schweibenz and John Presper
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Dec
02
On November 22, 2016, ALJ Thomas B. Pender issued Order No. 25 setting the target date for the remand investigation in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973).

By way of background, this investigation is based on a complaint filed by Fitbit, Inc. (“Fitbit”) alleging violation of section 337 in the importation into the U.S. and sale of certain wearable activity tracking devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,920,332 (“the ’332 patent”), 8,868,337 (“the ’337 patent”), and 9,089,760 (“the ’760 patent”). See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On August 9, 2016, ALJ Pender issued the public version of Order No. 24 granting Respondents AliphCom d/b/a Jawbone and BodyMedia, Inc.’s (collectively, “Jawbone”) motion for summary determination of invalidity under 35 U.S.C. § 101 and terminating the investigation in its entirety. See our August 18, 2016 post for more details on the Initial Determination (“ID”). On September 7, 2016, the ITC issued a notice and order reviewing-in-part and vacating-in-part the ID with respect to the ’332 and ’377 patents. See our September 29, 2016 post for more details on the ITC’s notice and order.
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By Eric Schweibenz and John Presper
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Dec
02
On November 21, 2016, ALJ Theodore R. Essex issued the public version of Order No. 21 (dated November 10, 2016) granting Complainant AAVN, Inc.’s (“AAVN”) motion for summary determination that Respondent Pradip Overseas Ltd. (“Pradip”) has violated Section 337 in Certain Woven Textile Fabrics and Products Containing Same (Inv. No. 337-TA-976).

By way of background, this investigation is based on a complaint filed by AAVN alleging violation of Section 337 in the importation into the U.S. and sale of certain woven textile fabrics and products containing same that infringe one or more claims of U.S. Patent No. 9,131,790. AAVN also alleged in a second amended complaint violations of Section 337 based upon false advertising claims. See our October 5, 2015 and December 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and John Presper
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Dec
01
On November 21, 2016, Chief ALJ Charles E. Bullock issued Order No. 26 in Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).

By way of background, this investigation is based on a complaint filed by Razor USA, LLC, Inventist, Inc., and Shane Chen (collectively, “Razor”) alleging violation of Section 337 in the importation into the U.S. and sale of certain motorized self-balancing vehicles that infringe one or more claims of U.S. Patent No. 8,738,278, and, further, that certain of the named respondents have engaged in unfair methods of competition through false advertising and/or false or misleading representations of fact in connection with the sale and importation of such motorized self-balancing vehicles. See our March 23, 2016 and June 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and John Presper
|
Dec
01
On November 18, 2016, the ITC issued an order instituting a rescission proceeding in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320.  See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order (“LEO”) and cease-and-desist orders (“CDOs”) directed at Eko Brands, LLC (“Eko”) and other respondents after finding such entities in default.  On June 1, 2016, ARM filed an enforcement complaint alleging that Eko and Espresso Supply, Inc. (“Espresso Supply”) have violated the LEO and CDOs.  According to the enforcement complaint, Espresso Supply recently purchased Eko.  See our June 6, 2016 post for more details regarding the enforcement complaint.  The Commission instituted a formal enforcement proceeding on July 1, 2016.
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