By Eric Schweibenz
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Jan
23
On January 18, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Graphics Processors, DDR Memory Controllers, and Products Containing the Same (Inv. No. 337-TA-1037).

By way of background, this investigation is based on a December 16, 2016 complaint filed by ZiiLabs Inc., Ltd. of Bermuda 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 graphics processors, DDR memory controllers, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,677,952; 6,950,350; 7,518,616; and 8,643,659. See our December 23, 2016 post for more details on the complaint.
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By Eric Schweibenz
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Jan
23
On January 12, 2017, the U.S. International Trade Commission (“Commission”) issued issued a notice in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320. See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order (“LEO”) and cease-and-desist orders (“CDOs”) directed at Eko Brands, LLC (“Eko”) and other respondents based on their infringement of claims 8 and 19. On December 1, 2016, ALJ Theodore R. Essex granted ARM’s motion for summary determination that Respondents cannot prove their collateral estoppel defense as a matter of law. See our January 19, 2017 post for more details.
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By Eric Schweibenz
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Jan
20
On January 18, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Magnetic Tape Cartridges and Components Thereof (Inv. No. 337-TA-1036).

By way of background, this investigation is based on a December 15, 2016 complaint filed by Sony Corp. of Japan, Sony Storage Media and Devices Corp. of Japan, Sony DADC US Inc. of Terre Haute, Indiana, and Sony Latin America Inc. of Miami, Florida 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 tape cartridges and components thereof that infringe one or more claims of Sony’s U.S. Patent Nos. 6,345,779; 6,896,959; 7,016,137; and 7,115,331. See our December 22, 2016 post for more details on the complaint.
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By Eric Schweibenz and Lisa Mandrusiak
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Jan
19
On December 8, 2016, ALJ Theodore R. Essex issued the public version of Order No. 33 (dated Dec. 1, 2016) granting Complainants’ motion for summary determination that Respondents cannot prove their collateral estoppel defense as a matter of law in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320. See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order (“LEO”) and cease-and-desist orders (“CDOs”) directed at Eko Brands, LLC (“Eko”) and other respondents based on their infringement of claims 8 and 19.
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By Eric Schweibenz
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Jan
18
On January 13, 2017, the U.S. International Trade Commission (“Commission”) issued a notice and order in Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG (collectively, “Varian”) alleging violation of Section 337 by Respondents Elekta AB, Elekta Ltd., Elekta GmbH, Elekta Inc., IMPAC Medical Systems, Inc., Elekta Instrument (Shanghai) Ltd., and Elekta Beijing Medical Systems Co. Ltd. (collectively, “Elekta”) in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021 (“the ’021 patent”); 8,116,430 (“the ’430 patent”); 8,867,703 (“the ’703 patent”); 7,880,154 (“the ’154 patent”); 7,906,770 (“the ’770 patent”); and 8,696,538 (“the ’538 patent’).  See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 28, 2016, ALJ David P. Shaw issued the public version of his Initial Determination (the “Final ID”) finding a violation of Section 337. See our December 27, 2016 post for more details.
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