By Barry Herman
|
May
01
On April 30, 2009, the Federal Circuit issued a per curiam opinion in Amgen, Inc. v. ITC, No. 2007-1014.  Sitting en banc, Judges Newman, Lourie and Linn revised a portion of the March 19, 2008 opinion issued in this case.

By way of background, Amgen holds several U.S. patents relating to recombinant human erythropoietin and derivatives (“EPO”) and processes for making EPO.  Roche produces EPO in Europe and was seeking FDA approval for its own EPO drug in the U.S.  As part of its effort to generate data for its regulatory submissions to the FDA, Roche began importing EPO into the U.S.  Roche continued importing EPO after its FDA application was complete, although not for sale or contract to sell in the U.S.  Amgen initiated a Section 337 action, asserting that Roche’s imported EPO and the process by which it is produced in Europe are covered by one or more claims of six of Amgen’s U.S. patents.


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By Eric Schweibenz
|
Apr
30
On April 29, 2009, the U.S. International Trade Commission announced its decision to institute an investigation of Certain Wireless Communications Devices and Components Thereof (337-TA-675).

The investigation is based on a March 25, 2009 complaint filed by SPH America, LLC of Vienna, Virginia.  As we explained in our March 27 post, the complaint alleges that certain companies unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain wireless communications devices and components thereof that infringe certain claims of U.S. Patent No. RE 40,385 and U.S. Patent No. 5,960,029.


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By Tom Fisher
|
Apr
30
On April 27, 2009, the U.S. International Trade Commission issued a Notice determining to review the February 26, 2009 Initial Determination (“ID”) issued by Administrative Law Judge Theodore R. Essex in Certain Refrigerators and Components Thereof (Inv. No. 337-TA-632).

The investigation was instituted on February 21, 2008, based on the complaint of Whirlpool Corp., Whirlpool Manufacturing Corp., Whirlpool Patent Corp., and Maytag Corp. (collectively “Whirlpool”).  The respondents are LG Electronics Corp., Inc., LG Electronics, USA, Inc., and LG Electronics Monterrey, Mexico S.A. de C.V. (collectively “LG”).


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By Eric Schweibenz
|
Apr
29
On April 23, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 8 in Certain Electronic Devices Including Handheld Wireless Communications Devices (337-TA-673).  In the Order, ALJ Rogers granted the Commission Investigative Staff’s (the “Staff”) motion to consolidate investigation No. 337-TA-673 with investigation No. 337-TA-667.

Respondents Panasonic Corporation, Panasonic Corporation of America, and Panasonic Consumer Electronics Company (collectively “Panasonic”) and Palm, Inc. (“Palm”) from investigation No. 337-TA-667 opposed the motion.  Complainant Saxon Innovations, LLC (“Saxon”) (the complainant in both investigations) as well as respondents Nokia Corporation, Nokia Inc. (collectively “Nokia”), Research In Motion Ltd. and Research In Motion Corp. (collectively “RIM”) from investigation No. 337-TA-667 and respondents Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively “Samsung”) from investigation No. 337-TA-673 did not oppose the motion. 


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By Barry Herman
|
Apr
28
On May 4, 2009, the Federal Circuit is scheduled to hear oral argument in Norgren Inc. v. ITC (2008-1415).  Please note that Oblon Spivak represents SMC Corporation and SMC Corporation of America (“SMC”) in this matter.

By way of background, on October 6, 2006, Norgren Inc. (“Norgren”) filed a complaint with the ITC against SMC alleging violation of Section 337 by SMC’s importation and sale of certain connecting devices or clamps that connect together modular filters, regulators and lubricators (“FRLs”) used for conditioning compressed air in pneumatic systems.  After the Commission instituted an investigation (337-TA-587) and an evidentiary hearing was held, ALJ Carl C. Charneski issued an initial determination (“ID”) on February 13, 2008 in which he found no violation of Section 337 because SMC’s accused connectors do not receive generally rectangular ported flanges of the FRLs as required by the patent-in-suit.  Norgren petitioned for review, and the Commission rendered a final decision on April 14, 2008 adopting the ALJ’s ID.  Norgren appealed the Commission’s decision.


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