By Eric Schweibenz
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Sep
13
On September 11, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Pool And Spa Enclosures (Inv. No. 337-TA-1069).

By way of background, this investigation is based on a May 10, 2017 complaint filed by Aqua Shield, Inc. of West Babylon, New York 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 pool and spa enclosures that infringe one or more claims of U.S. Patent No. 6,637,160. See our May 12, 2017 post for more details on the complaint.
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By Eric Schweibenz and John Presper
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Sep
12
On September 11, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a judgment without opinion affirming the decision of the International Trade Commission (“the Commission”) in Viraj Profiles Limited v. ITC (2016-2482). This was an appeal from the Commission’s issuance of an exclusion order against Respondent Viraj Profiles Ltd. (“Viraj”). The underlying investigation is Certain Stainless Steel Products, Certain Processes for Manufacturing or Relating to Same, and Certain Products Containing Same (Inv. No. 337-TA-933).

By way of background, this investigation was based on a complaint filed by Valbruna Slater Stainless, Inc., Valbruna Stainless Inc., and Acciaierie Valbruna S.p.A. (collectively, “Valbruna”) alleging violation of Section 337 in the importation into the U.S. and sale of certain stainless steel products manufactured using Valbruna’s allegedly stolen trade secrets. See our September 8, 2014 and October 9, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz
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Sep
11
On September 5, 2017, ALJ David P. Shaw issued Order No. 4 in Certain Road Milling Machines and Components Thereof (Inv. No. 337-TA-1067).

By way of background, this investigation is based on a July 19, 2017 complaint filed by Wirtgen America, Inc. of Antioch, Tennessee 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 road milling machines and components thereof that infringe one or more claims of U.S. Patent Nos. 9,644,340; 9,624,628; 9,656,530; 7,530,641; and 7,828,309. See our July 26, 2017 and August 23, 2017 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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Sep
08
On September 5, 2017, Intellectual Ventures II LLC (“IV”) of Bellevue, Washington filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
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By Eric Schweibenz
|
Sep
07
On September 6, 2017, ALJ Dee Lord issued Order No. 15 in Certain Basketball Backboard Components and Products Containing Same (Inv. No. 337-TA-1040).

By way of background, this investigation is based on a December 30, 2016 complaint filed by Lifetime Products, Inc. of Clearfield, Utah 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 basketball backboard components and products containing the same that infringe one or more claims of Lifetime’s U.S. Patent Nos. 7,749,111; 8,845,463; and 8,852,034. See our January 12, 2017 and February 10, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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