By Eric Schweibenz and Lisa Mandrusiak
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Jun
23
On June 3, 2016, the International Trade Commission (“Commission”) issued a notice of its decision not to review an Initial Determination (“ID”) granting summary determination that two asserted patents are directed to ineligible subject matter under 35 U.S.C. § 101 in Certain Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-963).

By way of background, this investigation is based on a July 8, 2015 complaint filed by AliphCom d/b/a Jawbone and BodyMedia, Inc. (collectively “Jawbone”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable fitness and activity tracker devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,446,275; 8,529,811; 8,793,522; 8,961,413; 8,073,707; and 8,398,546.  The complaint further alleged that the respondents have engaged in unfair competition and unfair acts by their access and improper use of Jawbone’s trade secret confidential information related to Jawbone’s technology and wearable product development plans, roadmaps, and financial information.  See our July 8, 2015 and August 18, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Alex Englehart
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Jun
22
On June 22, 2016, Schütz Container Systems Inc. of North Branch, New Jersey (“Schütz”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Zhenjiang Runzhou Jinshan Packaging Factory of China (“Jinshan”) unlawfully imports into the U.S. certain intermediate bulk containers (“IBCs”) that infringe Schütz’s trade dress.
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By Eric Schweibenz
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Jun
21
On June 2, 2016, ALJ MaryJoan McNamara issued Order No. 2 in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-997).

By way of background, this investigation is based on an April 14, 2016 complaint filed by ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia alleging violation of Section 337 in the importation into the U.S. and sale of certain sleep-disordered breathing treatment systems and components thereof that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. RE44,453; 8,020,551; 8,006,691; and 9,072,860.  See our April 15, 2016 and May 16, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz
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Jun
20
On June 4, 2016, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Quartz Slabs and Portions Thereof (Inv. No. 337-TA-996).

By way of background, this investigation is based on an April 14, 2016 complaint filed by Cambria Company LLC of Belle Plaine, Minnesota alleging violation of Section 337 in the importation into the U.S. and sale of certain quartz slabs and portions thereof that infringe one or more claims of U.S. Patent Nos. D712,670; D713,154; D737,058; D737,576; D737,577; and D738,630.  See our April 14, 2016 and May 13, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz
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Jun
17
On June 2, 2016, Chief ALJ Charles E. Bullock issued Order No. 19 in Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof (Inv. No. 337-TA-958).

By way of background, this investigation is based on a complaint filed by Global Cash Access, Inc. (now called Everi Payments Inc., or “Everi”) alleging violation of Section 337 by Respondents NRT Technology Corp. and NRT Technologies, Inc. (collectively, “NRT”) in the importation and sale of certain automated teller machines and point-of-sale devices and associated software that infringe one or more claims of the ‘792 patent. See our May 15, 2015 and June 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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