By Eric Schweibenz and John Presper
|
Aug
30
Further to our August 5, 2016 post, the International Trade Commission (“Commission”) issued its opinion on August 16, 2016 reversing an initial determination (“ID”) suspending the investigation in Certain Carbon Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was instituted based on a complaint filed by U.S. Steel Corporation (“U.S. Steel”) alleging a violation of section 337 by numerous Chinese steel producers and distributors—as well as certain Hong Kong and U.S. affiliates—by reason of: (1) a conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the U.S.; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the U.S.; and (3) false designation of origin of manufacturer, the threat or effect of which is to destroy or substantially injure an industry in the U.S.
Share

Read More

By Eric Schweibenz
|
Aug
29
On August 23, 2016, ALJ MaryJoan McNamara issued the public version of Order No. 10 (dated August 18, 2016) in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same (Inv. No. 337-TA-1003).

By way of background, this investigation is based on a May 5, 2016 complaint filed by Aspen Aerogels, Inc. (“Aspen”) alleging violation of Section 337 by way of unlawfully importing into the U.S., selling for importation, and/or selling within the U.S. after importation certain composite aerogel insulation materials that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. 7,078,359; 7,399,439; 6,989,123; 7,780,890; and 9,181,486.  See our May 5, 2016 and June 8, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

By Eric Schweibenz
|
Aug
26
On August 25, 2016, ALJ MaryJoan McNamara issued Order No. 2 in Certain Quartz Slabs and Portions Thereof (II) (Inv. No. 337-TA-1017).

By way of background, this investigation is based on a July 11, 2016 complaint filed by Cambria Company LLC 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 quartz slabs and portions thereof that infringe the claims of U.S. Patent Nos. D712,666; D712,670; D751,298; D712,161; and D737,058.  See our July 11, 2016 and August 15, 2016 posts for more details on the complaint and Notice of Investigation.
Share

Read More

By Eric Schweibenz
|
Aug
25
On August 24, 2016, ALJ David P. Shaw issued Order No. 7 in Certain Magnetic Data Storage Tapes and Cartridges Containing Same (Inv. No. 337-TA-1012).

By way of background, this investigation is based on a May 27, 2016 complaint filed by FujiFilm Corporation and FujiFilm Recording Media U.S.A., Inc. 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 magnetic data storage tapes and cartridges containing the same that infringe one or more claims of U.S. Patent Nos. 6,641,891; 6,703,106; 6,703,101; 6,767,612; 8,236,434; and 7,355,805.  See our May 31, 2016 and July 8, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

By Eric Schweibenz and Chris Ricciuti
|
Aug
24
Further to our August 22, 2016 post, on August 19, 2016, ALJ David P. Shaw issued a Final Initial Determination (“ID”) in Certain Portable Electronic Devices and Components Thereof (Inv. No. 337-TA-994) determining that the asserted claims of U.S Patent No. 6,928,433 (“the ’433 patent”) do not recite patent-eligible subject matter under 35 U.S.C. § 101.

By way of background, this investigation is based on a March 24, 2016 complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and components thereof that infringe one or more claims of the ’433.  See our March 24, 2016 post for more details on the complaint.  Additionally, the Notice of Investigation ordered, inter alia, that the ALJ hold “an early evidentiary hearing, find facts, and issue an early decision, as to whether the asserted claims of the ’433 patent recite patent-eligible subject matter under 35 U.S.C. § 101.” See our May 11, 2016 post for more details on the Notice of Investigation.
Share

Read More