Further to our October 30, 2017 post, on December 8, 2017, ALJ Dee Lord issued the public version of the Initial Determination (“ID”) (see part 1, part 2, part 3, and part 4) finding no violation of Section 337 in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation (“Andrea”) alleging violation by Apple Inc. (“Apple”), Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. (collectively, “Samsung”) 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 audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607 (“the ’607 patent”); 6,363,345 (“the ’345 patent”); and 6,377,637 (“the ’637 patent”). See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively. Samsung was terminated from the investigation on the basis of settlement agreement. See our August 22, 2017 post for additional details. Only the ’345 patent remained at issue after the investigation was terminated as to the ’607 and ’637 patents based on Andrea’s withdrawal of its allegations.

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On November 30, 2017, Qualcomm Inc. of San Diego, California (“Qualcomm”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Apple Inc. of Cupertino, California (“Apple”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain mobile electronic devices and radio frequency and processing components thereof that infringe one or more claims of U.S. Patent Nos. 9,154,356 (the ’356 patent), 9,473,336 (the ’336 patent), 8,063,674 (the ’674 patent), 7,693,002 (the ’002 patent), and 9,552,633 (the ’633 patent (collectively, the “asserted patents”).

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On November 17, 2017, Nautilus Hyosung Inc. of South Korea and Nautilus Hyosung America Inc. of Irving, Texas (collectively, “Nautilus Hyosung”) filed an enforcement complaint in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-989). The enforcement complaint alleges that Diebold Nixdorf Inc. and Diebold Self-Service Systems (collectively, “Diebold”)—both of North Canton, Ohio—have violated a cease and desist order (“CDO”) issued in the underlying investigation.

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On December 5, 2017, ALJ Thomas B. Pender issued Order No. 6 in investigation of Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same (Inv. No. 337-TA-1073). Please note that Oblon represents the Aisin Seiki Respondents in this matter.

By way of background, this investigation is based on a September 5, 2017 complaint filed by Intellectual Ventures II LLC (“IV”) 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 thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same that infringe one or more claims of U.S. Patent Nos. 7,154,200; 7,067,944; 7,067,953; 7,683,509; and 7,928,348. See our September 8, 2017 and October 9, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

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