On July 19, 2017, Wirtgen America, Inc. of Antioch, Tennessee (“Wirtgen”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Caterpillar Bitelli SpA of Italy, Caterpillar Prodotti Stradali S.r.L. of Italy, Caterpillar Americas CV of Switzerland, Caterpillar Paving Products, Inc. of Minneapolis, Minnesota, and Caterpillar Inc. of Peoria, Illinois (collectively, “Caterpillar”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain road milling machines and components thereof that infringe one or more claims of U.S. Patent Nos. 9,644,340 (the ’340 patent), 9,624,628 (the ’628 patent), 9,656,530 (the ’530 patent), 7,530,641 (the ’641 patent), and 7,828,309 (the ’309 patent) (collectively, the “asserted patents”).

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On July 20, 2017, the International Trade Commission (“Commission”) issued a notice of its decision to deny Respondent Arista Networks Inc.’s (“Arista”) petitions to suspend or temporarily rescind the limited exclusion order (“LEO”) and cease and desist order (“CDO”) issued in Certain Network Devices, Related Software and Components Thereof (II) (Inv. No. 337-TA-945).

By way of background, this investigation is based on a December 19, 2014 complaint filed by Cisco Systems, Inc. of San Jose, California alleging violation of Section 337 in the importation into the U.S. and sale of certain networking equipment and components and software thereof that infringe one or more claims of U.S. Patent Nos. 7,023,853; 6,377,577 (the ’577 patent); 7,460,492; 7,061,875; 7,224,668 (the ’668 patent); and 8,051,211. See our December 29, 2014 and February 6, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On May 4, 2017, the Commission issued its final determination finding that Arista violated Section 337 with respect to the ’577 and ’668 patents, and issued an LEO and a CDO. See our May 8, 2017 post for more details.

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On July 7, 2017, Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC (collectively, “Bioverativ”)—all of Waltham, Massachusetts—filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that CSL Behring LLC of King of Prussia, Pennsylvania, CSL Behring GmbH of Germany, and CSL Behring Recombinant Facility AG of Switzerland (collectively, “CSL”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain recombinant Factor IX products that infringe one or more claims of U.S. Patent Nos. 9,670,475 (the ’475 patent), 9,623,091 (the ’091 patent), and 9,629,903 (the ’903 patent) (collectively, the “asserted patents”).

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On July 13, 2017, ALJ Dee Lord issued Order No. 22 in Certain Flash Memory Devices and Components Thereof (Inv. No. 337-TA-1034).

By way of background, this investigation is based on a November 30, 2016 complaint filed by Memory Technologies, LLC of Las Vegas, Nevada 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 flash memory devices and components thereof that infringe U.S. Patent Nos. RE45,542; RE45,486; 7,565,469; 9,063,850; and 8,307,180. See our December 20, 2016 and January 9, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

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On July 5, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Ink Cartridges (Inv. No. 337-TA-565/946).

By way of background, this proceeding is based on an April 2017 request filed by Ninestar Image Tech Ltd., Ninestar Technology Company, Ltd. and Apex Microtech Ltd. (collectively, “Ninestar”) seeking an advisory opinion that Ninestar’s re-manufactured ink cartridges are outside the scope of the existing general exclusion and cease and desist orders. The underlying 337-TA-946 investigation is based on a December 23, 2014 complaint filed by Epson Portland Inc., Epson America, Inc., and Seiko Epson Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain unauthorized, aftermarket ink cartridges and components thereof that infringe one or more claims of U.S. Patent Nos. 8,366,233; 8,454,116; 8,794,749; 8,801,163; and 8,882,513. See our December 29, 2014 and February 11, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

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