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
|
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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By Eric Schweibenz and John Presper
|
Feb
03
On February 1, 2017, the International Trade Commission (“Commission”) issued its opinion finding a violation of Section 337 in Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof (Inv. No. 337-TA-965).

By way of background, this investigation is based on a July 16, 2015 complaint filed by SawStop, LLC and SD3, LLC (collectively, “SawStop”) alleging violation of Section 337 by Respondents Robert Bosch Tool Corporation and Robert Bosch GmbH (collectively, “Bosch”) in the importation into the U.S. and sale of certain table saws incorporating active injury mitigation technology and components thereof that infringe one or more claims of U.S. Patent Nos. 7,225,712 (“the ’712 patent”); 7,600,455 (“the ’455 patent”); 7,610,836 (“the ’836 patent”); 7,895,927 (“the ’927 patent”); 8,011,279 (“the ’279 patent”); and 8,191,450 (“the ’450 patent”). See our July 16, 2015 and August 28, 2015 posts for more details on the complaint and Notice of Investigation, respectively. The Commission terminated the investigation with respect to the ’836 and ’450 patents based on SawStop’s withdrawal of its allegations concerning those patents.
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By Eric Schweibenz
|
Feb
02
On January 30, 2017 ALJ David P. Shaw issued Order No. 25 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. 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 personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway. See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively. The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. 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 personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607. See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively. These investigations were subsequently consolidated.
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