By Eric Schweibenz
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Mar
21
On March 17, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Graphics Systems, Components Thereof and Consumer Products Containing the Same (Inv. No. 337-TA-1044).

By way of background, this investigation is based on a January 24, 2017 complaint filed by Advanced Micro Devices, Inc. of Sunnyvale, California and ATI Technologies ULC of Canada 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 graphics systems, components thereof, and consumer products containing the same that infringe one or more claims of U.S. Patent Nos. 7,633,506; 7,796,133; and 8,760,454. See our January 27, 2017 post for more details on the complaint.
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By Eric Schweibenz and John Presper
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Mar
20
On March 17, 2017, Ivoclar Vivadent AG of Liechtenstein, Ivoclar Vivadent, Inc. of Amherst, New York, and Ardent, Inc. of Amherst, New York (collectively, “Ivoclar”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that GC Corporation of Japan and GC America, Inc. of Alsip, Illinois (collectively, “GC”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain dental ceramics and products thereof that infringe one or more claims of U.S. Patent Nos. 7,452,836; 6,517,623; 6,802,894; and 6,455,451.
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By Eric Schweibenz and John Presper
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Mar
20
On February 28, 2017, the International Trade Commission (“Commission”) issued a notice of its determination to review and reverse the Initial Determination (“ID”) of ALJ Dee Lord in Order No. 46 terminating Complainant U.S. Steel Corp.’s (“U.S. Steel”) false designation of origin claim in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was based on a complaint filed by U.S. Steel alleging a violation of section 337 by numerous Chinese steel producers and distributors—as well as certain Hong Kong and U.S. affiliates—by reason of: (1) a conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the U.S.; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the U.S.; and (3) false designation of origin of manufacturer, the threat or effect of which is to destroy or substantially injure an industry in the U.S. See our April 26, 2016, June 7, 2016, August 30, 2016, and November 14, 2016 posts for more details on this investigation.
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By Eric Schweibenz and John Presper
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Mar
20
Further to our February 13, 2017 post, on March 1, 2017, ALJ MaryJoan McNamara issued the public version of Order No. 13 containing an early Initial Determination (“ID”) that Complainant Silicon Genesis Corporation (“SiGen”) satisfied the economic prong of the domestic industry requirement in Certain Silicon-On-Insulator Wafers (Inv. No. 337-TA-1025).

By way of background, this investigation is based on a May 26, 2016 complaint filed by Silicon Genesis Corporation 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 silicon-on-insulator wafers that infringe one or more claims of U.S. Patent Nos. 6,458,672 and 6,171,965. See our May 27, 2016 and October 20, 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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Mar
17
On March 8, 2017, Curlin Medical Inc. of East Aurora, New York (“Curlin”); Zevex, Inc. of Salt Lake City, Utah; and Moog Inc. of East Aurora, New York (collectively, “Complainants”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Yangzhou WeiDeLi Trade Co., Ltd. of China (“WeiDeLi”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain intravascular administration sets and components thereof that infringe one or more claims of U.S. Patent Nos. 6,164,921 (the ’921 patent) and 6,371,732 (the ’732 patent) (collectively, the “asserted patents”).
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