By Eric Schweibenz and Lisa Mandrusiak
|
Jun
20
On May 23, 2017, the U.S. Court of Appeals for the Federal Circuit issued its precedential opinion in Adrian Rivera et al. v. ITC (2016-1841). This was an appeal from the International Trade Commission’s (“the Commission”) determination finding no violation of Section 337 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the investigation is based on an August 4, 2014 complaint filed by ARM Enterprises, Inc. and Adrian Rivera (“Rivera”) 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 (“the ’320 patent”). See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

By Eric Schweibenz and Sasha Rao
|
Jun
19
On June 13, 2017, the U.S. Court of Appeals for the Federal Circuit issued its non-precedential opinion in Navico Inc. v. ITC, 2016-1533. This was an appeal from the U.S. International Trade Commission’s (“the Commission”) final determination in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921).

By way of background, the underlying investigation is based on a June 9, 2014 complaint filed by Navico, Inc. and Navico Holding AS (collectively, “Navico”) alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging devices that allegedly infringe one or more claims of U.S. Patent Nos. 8,305,840 (the ’840 patent), 8,300,499 (the ’499 patent), and 8,605,550 (the ‘550 patent). See our July 11, 2014 post for more details on the underlying investigation. On December 1, 2015, the Commission issued its final determination reversing the Initial Determination’s primary claim construction and finding a violation of Section 337 by Garmin International, Inc. and Garmin USA, Inc. (collectively, “Garmin”) and others based on infringement of certain claims of the ’840 and ’550 patents. The Commission issued a limited exclusion order and CDOs directed at Garmin. On August 18, 2016, the Commission issued a modified limited exclusion order clarifying that certain components being imported by Garmin are covered by the original limited exclusion order. On appeal, the Federal Circuit affirmed the Commission’s Final Determination on the issues of (1) contributory infringement, (2) invalidity of the ’550 patent, and (3) claim construction in the ’499 patent.
Share

Read More

By Eric Schweibenz
|
Jun
16
On June 15, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Collapsible Sockets For Mobile Electronic Devices and Components Thereof (Inv. No. 337-TA-1056).    
 
By way of background, this investigation is based on an April 10, 2017 complaint filed by PopSockets LLC of Boulder, Colorado 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 of certain collapsible sockets for mobile electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 8,560,031.  See our April 14, 2017 and May 15, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

Share

Read More

By Eric Schweibenz
|
Jun
15
On June 15, 2017, ALJ David P. Shaw issued Order No. 4 in Certain Collapsible Sockets For Mobile Electronic Devices and Components Thereof (Inv. No. 337-TA-1056).

By way of background, this investigation is based on an April 10, 2017 complaint filed by PopSockets LLC of Boulder, Colorado 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 of certain collapsible sockets for mobile electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 8,560,031. See our April 14, 2017 and May 15, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

By Eric Schweibenz and Alex Englehart
|
Jun
14
On June 8, 2017, Rio Brands, LLC of West Conshohocken, Pennsylvania (“Rio Brands”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
 
The complaint alleges that GCI Outdoor, Inc. of Higganum, Connecticut (“GCI”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain backpack chairs that infringe one or more claims of U.S. Patent No. RE39,022 (the ’022 patent).

Share

Read More