By Eric Schweibenz and Chris Ricciuti
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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.
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By Eric Schweibenz
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Aug
23
On August 23, 2016, ALJ Dee Lord issued a notice of Initial Determination on violation of Section 337 (“ID”) 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 Proposed 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.   Additionally, the patent infringement allegations in this investigation were previously terminated.  See our June 23, 2016 post for more details.
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By Eric Schweibenz
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Aug
22
On August 19, 2016, ALJ David P. Shaw issued a notice regarding the Final Initial Determination (“ID”) in Certain Portable Electronic Devices and Components Thereof (Inv. No. 337-TA-994).

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 U.S. Patent No. 6,928,433.  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.
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By Eric Schweibenz and Alex Englehart
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Aug
19
On August 17, 2016, ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia (collectively, “ResMed”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Fisher & Paykel Healthcare Limited of New Zealand, Fisher & Paykel Healthcare, Inc. of Irvine, California, and Fisher & Paykel Healthcare Distribution Inc. of Irvine, California (collectively, “FPH”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain sleep-disordered breathing treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 8,960,196 (the ‘196 patent) and 9,119,931 (the ‘931 patent) (collectively, the “asserted patents”).
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By Eric Schweibenz and Lisa Mandrusiak
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Aug
18
On August 9, 2016, ALJ Thomas B. Pender issued the public version of Order No. 24 (dated July 19, 2016) in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973), granting summary determination of invalidity and terminating the investigation in its entirety.

By way of background, this investigation is based on a November 2, 2015 complaint filed by Fitbit, Inc. 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; 8,868,377; and 9,089,760.  See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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