By Eric Schweibenz
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Feb
10
On February 1, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Basketball Backboard Components and Products Containing Same (Inv. No. 337-TA-1040).

By way of background, this investigation is based on a December 30, 2016 complaint filed by Lifetime Products, Inc. of Clearfield, Utah 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 basketball backboard components and products containing the same that infringe one or more claims of Lifetime’s U.S. Patent Nos. 7,749,111; 8,845,463; and 8,852,034. See our January 12, 2017 post for more details on the complaint.
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By Eric Schweibenz
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Feb
09
On January 26, 2017, Chief ALJ Charles E. Bullock issued Order No. 1 in Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof (Inv. No. 337-TA-1038).

By way of background, this investigation is based on a December 22, 2016 complaint filed by Nokia Technologies Oy of Finland 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 electronic devices, including mobile phones, tablet computers, and components thereof that infringe one or more claims of Nokia’s U.S. Patent Nos. 7,415,247; 9,270,301; 6,393,260; 8,036,619; 6,826,391; 6,480,700; 9,473,602; and 7,653,366. See our January 3, 2017 and January 26, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and John Presper
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Feb
08
On January 26, 2017, the International Trade Commission (“Commission”) issued its opinion finding a violation of Section 337 in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, and Power Tool Products with Lithium-Ion Batteries Containing Same (Inv. No. 337-TA-951).

By way of background, this investigation is based on a February 20, 2015 complaint filed by BASF Corp. (“BASF”) and UChicago Argonne LLC (“Argonne” or “ANL”) (collectively, “Complainants”) alleging violation of Section 337 in the importation into the U.S., sale for importation, and/or sale within the U.S. after importation of certain lithium metal oxide cathode materials, lithium-ion batteries containing same, and products with lithium-ion batteries containing same that infringe one or more claims of U.S. Patent Nos. 6,677,082 (“the ’082 patent”) and 6,680,143 (“the ’143 patent”). See our February 23, 2015 and April 1, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On February 29,2016, ALJ Thomas B. Pender issued his final Initial Determination (“ID”) finding a violation of Section 337 by Respondents Umicore N.V. and Umicore USA Inc. (collectively, “Umicore”) in connection with claims 1-4, 7, 13, and 14 of the ’082 patent and claims 1-4, 8, 9, and 17 of the ’143 patent. See our March 1, 2016 post for more details regarding the ID.
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By Eric Schweibenz and John Presper
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Feb
07
On February 1, 2017, ALJ Dee Lord issued the public version of Order No. 58 (dated January 17, 2017) denying a motion filed by Respondents Broadcom Limited, Broadcom Corporation, Avago Technologies Limited, and Avago Technologies U.S. Inc. (collectively, “Broadcom”) to preclude Complainants Tessera Technologies, Inc., Tessera, Inc., and Invensas Corporation (collectively, “Tessera”) from relying on certain representative products to satisfy the technical prong of the domestic industry requirement in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same (Inv. No. 337-TA-1010).

By way of background, this investigation is based on a complaint filed by Tessera alleging violation of Section 337 by way of the unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain semiconductor devices, semiconductor device packages, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,856,007; 6,849,946; and 6,133,136 (”the ’136 patent”). See our May 24, 2016 and July 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Alex Englehart
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Feb
06
On February 2, 2017, Paice LLC (“Paice”) and the Abell Foundation, Inc. (collectively, “Complainants”)—both of Baltimore, Maryland—filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Ford Motor Company of Dearborn, Michigan (“Ford”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain hybrid electric vehicles and components thereof that infringe one or more claims of Complainants’ U.S. Patent Nos. 7,104,347 (the ’347 patent), 7,237,634 (the ’634 patent), 7,455,134 (the ’134 patent), 7,559,388 (the ’388 patent), and 8,214,097 (the ’097 patent) (collectively, the “asserted patents”).
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