By Eric Schweibenz
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Oct
01
On October 1, 2014, ALJ Theodore R. Essex issued Order No. 6 in Certain Loom Kits For Creating Linked Articles (Inv. No. 337-TA-923).

By way of background, this investigation is based on a July 1, 2014 complaint filed by Choon's Design Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain loom kits for creating linked articles that infringe claims 2-4 of U.S. Patent No. 8,485,565.  See our July 2, 2014 and August 5, 2014 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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Sep
30
On September 25, 2014, the Federal Circuit issued its opinion in uPI Semiconductor Corp. v. Int'l Trade Comm'n (2013-1157, 1159).  This was an appeal by Respondent uPI Semiconductor Corp. ("uPI") and the companion appeal of Complainants Richtek Tech. Corp. and Richtek USA, Inc. (collectively, "Richtek") from the International Trade Commission's (the "Commission") rulings in an enforcement proceeding, Certain DC-DC Controllers and Products Containing Same (Inv. No. 337-TA-698).

By way of background, Richtek filed a complaint in 2010 alleging that uPI misappropriate Richtek's trade secrets and violated Section 337 through the importation and/or sale of DC-DC controllers and downstream products containing same that infringed Richtek's U.S. Patent Nos. 7,315,190 ("the '190 patent"), 6,414,470 ("the '470 patent") and 7,132,717 ("the '717 patent").  Shortly before the evidentiary hearing, uPI moved to terminate the investigation by unilaterally offering to enter into a consent order whereby uPI would cease importation of all products produced using or containing Richtek's trade secrets or infringing Richtek's patents.  Over Richtek's objection, the ALJ agreed to enter the consent order substantially as drafted and proposed by uPI.  The Commission declined to review the ALJ's grant of uPI's motion, and terminated the investigation and entered the consent order.
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By Eric Schweibenz and Alex Englehart
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Sep
29
On September 25, 2014, Nobel Biocare Services AG of Switzerland and Nobel Biocare USA, LLC of Yorba Linda, California (collectively, "Nobel") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that JJGC Indústria e Comércio de Materiais Dentários S/A of Brazil and Neodent USA, Inc. of Andover, Massachusetts (collectively, "JJGC") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain dental implants that infringe one or more claims of U.S. Patent Nos. 8,714,977 (the '977 patent) and 8,764,443 (the '443 patent) (collectively, the "asserted patents").
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By Eric Schweibenz and Lisa Mandrusiak
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Sep
26
On September 19, 2014, the International Trade Commission ("the Commission") issued a notice that it determined to review-in-part ALJ David P. Shaw's Initial Determination ("ID") finding a violation of Section 337 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).

By way of background, this investigation is based on a June 12, 2013 complaint filed by Complainant Manitowoc Cranes, LLC ("Manitowoc") alleging violation of Section 337 by Respondents Sany Heavy Industry Co., Ltd. and Sany America, Inc. (collectively, "Sany") in the importation into the U.S. and sale of certain crawler cranes and components thereof that infringe one or more claims of U.S. Patent Nos. 7,546,928 (the '928 patent) and 7,967,158, and that were designed and manufactured using Manitowoc's misappropriated trade secrets.  See our June 14, 2013 and July 15, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz
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Sep
25
On September 24, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Formatted Magnetic Data Storage Tapes and Cartridges Containing the Same (Inv. No. 337-TA-931).

The investigation is based on an August 22, 2014 complaint and a September 8, 2014 supplement to the complaint filed by Advanced Research Corp. of White Bear Lake, Minnesota alleging violation of Section 337 in the importation into the U.S. and sale of certain formatted magnetic data storage tapes and cartridges containing the same that infringe one or more claims of U.S. Patent Nos. 7,525,761; 7,948,705; 8,254,052; 8,437,103; and 8,542,457.  See our August 25, 2014 post for more details on the complaint.
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