On October 26, 2018, the International Trade Commission (the “Commission”) issued the public version of its opinion (part 1 and part 2) in Certain Non-Volatile Memory Devices and Products Containing the Same (Inv. No. 337-TA-1046). In the opinion, the Commission reversed in-part and affirmed in-part ALJ Dee Lord’s Initial Determination (ID), and found a violation of Section 337.

By way of background, this investigation is based on a March 7, 2017 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. (collectively, “Macronix”) 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 non-volatile memory devices and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,552,360 (“the ’360 patent”); 6,788,602 (“the ’602 patent”); and 8,035,417 (“the ’417 patent”).  See our April 6, 2017 post for more details on the Notice of Investigation.

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On November 6, 2018, ALJ MaryJoan McNamara issued Order No. 7 in Certain LTE- and 3G-Compliant Cellular Communications Devices (Inv. No. 337-TA-1138).

By way of background, this investigation is based on a September 14, 2018 complaint filed by INVT SPE LLC of San Francisco, California 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 LTE- and 3G-compliant cellular communications devices that infringe one or more claims of U.S. Patent Nos. 6,760,590; 7,206,587; 7,764,711; 7,848,439; and 7,339,949. See our September 14, 2018 and October 16, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

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On November 5, 2018, ALJ Clark S. Cheney issued Order No. 3 in Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1136).

By way of background, this investigation is based on a September 10, 2018 complaint filed by Fisher & Paykel Healthcare Ltd. of New Zealand 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 obstructive sleep apnea treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 9,974,914. See our September 10, 2018 and October 8, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

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On October 26, 2018, Chief ALJ Charles E. Bullock issued Order No. 12 setting a 16-month target date in Certain Motorized Vehicles and Components Thereof (Inv. No. 337-TA-1132).

By way of background, this investigation is based on an August 1, 2018 complaint filed by Complainant FCA US LLC of Auburn Hills, Michigan (“FCA”) 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 motorized vehicles and components thereof that violate common law trade dress and registered trademarks used with and displayed on Jeep®-brand vehicles manufactured and sold by FCA and its predecessors. The Commission ordered the presiding ALJ to hold an early evidentiary hearing and issue an early decision within 100 days of institution as to whether FCA is contractually barred from enforcing its intellectual property against the named respondents (or, in the alternative, decide this issue through summary determination proceedings if no material facts are in dispute). See our August 1, 2018 and September 11, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

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On October 23, 2018, ALJ MaryJoan McNamara issued Order No. 2 in Certain LTE- and 3G-Compliant Cellular Communications Devices (Inv. No. 337-TA-1138).

By way of background, this investigation is based on a September 14, 2018 complaint filed by INVT SPE LLC of San Francisco, California 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 LTE- and 3G-compliant cellular communications devices that infringe one or more claims of U.S. Patent Nos. 6,760,590; 7,206,587; 7,764,711; 7,848,439; and 7,339,949. See our September 14, 2018 and October 16, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

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