By Eric Schweibenz and Chris Ricciuti
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May
18
On May 1, 2015, the International Trade Commission ("the Commission") issued the public version of its opinion in Certain Soft-Edged Trampolines and Components Thereof (Inv. No. 337-TA-908) affirming ALJ Pender's Final Initial Determination ("ID") of no violation of Section 337 by respondent Vuly Trampolines Pty. Ltd. ("Vuly").

By way of background, the investigation is based on a December 24, 2013 complaint filed by Springfree Trampoline, Inc., Springfree Trampoline USA Inc., and Springfree Limited Partnership (collectively, "Springfree") alleging violation of Section 337 in the importation into the U.S. and sale of certain soft-edged trampolines and components thereof that infringe certain claims of U.S. Patent No. 6,319,174 ("the '174 patent").  See our December 31, 2013 and January 27, 2014 posts for more details on the Complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Tom Yebernetsky
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May
15
On May 4, 2015, Global Cash Access, Inc. of Las Vegas, Nevada ("GCA") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The Complaint alleges that NRT Technology Corp. of Canada and NRT Technologies, Inc. of Las Vegas, Nevada (collectively, "NRT") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain automated teller machines ("ATMs") and point-of-sale ("POS") devices and associated software thereof, that infringe one or more claims of U.S. Patent No. 6,081,792 (the '792 patent).
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By Eric Schweibenz and Kate Cappaert
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May
14
On April 8, 2015, Chief ALJ Charles E. Bullock issued the public version of Order No. 36 (dated March 23, 2015) in Certain Laser Abraded Denim Garments (Inv. No. 337-TA-930).

By way of background, this investigation is based on an August 18, 2014 complaint filed by RevoLaze, LLC and TechnoLines, LLC (collectively, "Complainants") alleging violation of Section 337 in the importation into the U.S. and sale of certain laser abraded denim garments that infringe one or more claims of U.S. Patent Nos. 5,990,444; 6,140,602; 6,252,196; 6,664,505; 6,819,972; and 6,858,815.  See our August 19, 2014 and September 19, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Tom Yebernetsky
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May
13
On May 11, 2015, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion reversing the International Trade Commission's (the "Commission") final determination finding a violation of Section 337 in Lelo Inc., et al v. Int'l Trade Comm'n (2013-1582).  This was an appeal by Respondents Lelo Inc. and Lelo AB (collectively, "Lelo") in connection with Certain Kinesiotherapy Devices and Components Thereof (Inv. No. 337-TA-823).

By way of background, the investigation is based on a December 2, 2011 complaint filed by Standard Innovation Corporation and Standard Innovation (US) Corp. (collectively, "Standard Innovation") alleging violation of Section 337 in the importation into the U.S. and sale of certain kinesiotherapy devices and components thereof that infringe one or more claims of U.S. Patent No. 7,931,605 (the '605 patent) and U.S. Patent No. D605,779 (the D'779 patent).  Standard Innovation withdrew the D'779 patent from the investigation.  An evidentiary hearing was held in August 2012.  On February 8, 2013, ALJ Pender issued an Initial Determination ("ID") construing the terms of the asserted claims and finding the '605 patent valid and infringed, but finding no violation of Section 337 on the grounds that Standard Innovation did not satisfy the economic prong of the domestic industry requirement.  See our February 11, 2013 post for more details.
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By Eric Schweibenz and Kate Cappaert
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May
12
On April 10, 2015, Chief ALJ Charles E. Bullock issued the public version of Order No. 78 (dated April 2, 2015) in Certain Footwear Products (Inv. No. 337-TA-936).

By way of background, this investigation is based on an October 14, 2014 complaint filed by Converse Inc. ("Converse") alleging violation of Section 337 in the importation into the U.S. and sale of certain footwear products that infringe U.S. Trademark Registration Nos. 4,398,753; 3,258,103; and 1,588,960.  Additionally, Converse alleged violation of Section 337 based upon unfair competition/false designation of origin, common law trademark infringement and unfair competition, and trademark dilution.  See our October 15, 2014 and November 14, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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