On February 18, 2015, the U.S. Court of Appeals for the Federal Circuit issued a decision affirming the International Trade Commission's ("the Commission") final determination of no violation of Section 337 in InterDigital Commc'ns, Inc. et al. v. Int'l Trade Comm'n (2014-1176).  This was an appeal by Complainants InterDigital Communications, Inc., InterDigital Technology Corporation, and IPR Licensing, Inc. (collectively, "InterDigital") in connection with Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800).

By way of background, this investigation is based on a July 26, 2011 complaint filed on behalf of InterDigital alleging violation of Section 337 by Respondents Huawei Technologies Co., Ltd., FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA), ZTE Corp., ZTE (USA) Inc., and Nokia (collectively, "Respondents") in the importation and/or sale of certain wireless devices with 3G capabilities and components thereof that infringe one or more claims of several U.S. patents.  See our July 28, 2011 and August 29, 2011 posts for more details on the complaint and notice of investigation, respectively.

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On February 13, 2015, ALJ David P. Shaw issued Order No. 4 in Certain Network Devices, Related Software and Components Thereof (I) (Inv. No. 337-TA-944) denying Respondent Arista Networks, Inc.'s ("Arista") motion requesting consolidation of that investigation with Certain Network Devices, Related Software and Components Thereof (II) (Inv. No. 337-TA-945).

By way of background, this investigation is based on a December 19, 2014 complaint and January 8, 2015 supplement to the complaint filed by Cisco Systems, Inc. ("Cisco") alleging violation of Section 337 in the importation into the U.S. and sale of certain networking equipment and components and software thereof that infringe one or more claims of U.S. Patent Nos. 7,162,537; 8,356,296; 7,290,164; 7,340,597; 6,741,592; and 7,200,145.  See our December 29, 2014 and February 5, 2015 posts for more details on the complaint and notice of investigation, respectively.

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On February 20, 2015, BASF Corp. of Florham Park, New Jersey ("BASF") and UChicago Argonne LLC of Lemont, Illinois ("Argonne") (collectively, "Complainants") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Umicore N.V. of Belgium, Umicore USA Inc. of Raleigh, North Carolina, Makita Corp. of Japan, Makita Corp. of America of Buford, Georgia, and Makita U.S.A. Inc. of La Mirada, California (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain lithium metal oxide cathode materials, lithium-ion batteries containing same, and products with lithium-ion batteries containing same that infringe one or more claims of U.S. Patent Nos. 6,677,082 (the '082 patent) and 6,680,143 (the '143 patent) (collectively, the "asserted patents").

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On February 5, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Network Devices, Related Software and Components Thereof (II) (Inv. No. 337-TA-945).  In the Order, ALJ Pender denied Respondent Arista Networks, Inc.'s ("Arista") motion to consolidate Inv. Nos. 337-TA-944 and 337-TA-945.

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On January 21, 2015, ALJ Thomas B. Pender issued Order No. 10 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our August 1, 2014, August 28, 2014, October 16, 2014, and November 19, 2014 posts for more details on the complaints and Notices of Investigation in the 928 and 937 investigations.  On December 9, 2014, ALJ Pender consolidated the 928 and 937 investigations.  See our December 15, 2014 post for more details.

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