ALJ Orders
By Eric Schweibenz and Alex Englehart
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Nov
06
On November 6, 2018, ALJ MaryJoan McNamara issued Order No. 7 in Certain LTE- and 3G-Compliant Cellular Communications Devices (Inv. No. 337-TA-1138).

By way of background, this investigation is based on a September 14, 2018 complaint filed by INVT SPE LLC of San Francisco, California 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 LTE- and 3G-compliant cellular communications devices that infringe one or more claims of U.S. Patent Nos. 6,760,590; 7,206,587; 7,764,711; 7,848,439; and 7,339,949. See our September 14, 2018 and October 16, 2018 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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Nov
05
On November 5, 2018, ALJ Clark S. Cheney issued Order No. 3 in Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1136).

By way of background, this investigation is based on a September 10, 2018 complaint filed by Fisher & Paykel Healthcare Ltd. of New Zealand 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 obstructive sleep apnea treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 9,974,914. See our September 10, 2018 and October 8, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and John Presper
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Oct
26
On October 26, 2018, Chief ALJ Charles E. Bullock issued Order No. 12 setting a 16-month target date in Certain Motorized Vehicles and Components Thereof (Inv. No. 337-TA-1132).

By way of background, this investigation is based on an August 1, 2018 complaint filed by Complainant FCA US LLC of Auburn Hills, Michigan (“FCA”) 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 motorized vehicles and components thereof that violate common law trade dress and registered trademarks used with and displayed on Jeep®-brand vehicles manufactured and sold by FCA and its predecessors. The Commission ordered the presiding ALJ to hold an early evidentiary hearing and issue an early decision within 100 days of institution as to whether FCA is contractually barred from enforcing its intellectual property against the named respondents (or, in the alternative, decide this issue through summary determination proceedings if no material facts are in dispute). See our August 1, 2018 and September 11, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Alex Englehart
|
Oct
23
On October 23, 2018, ALJ MaryJoan McNamara issued Order No. 2 in Certain LTE- and 3G-Compliant Cellular Communications Devices (Inv. No. 337-TA-1138).

By way of background, this investigation is based on a September 14, 2018 complaint filed by INVT SPE LLC of San Francisco, California 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 LTE- and 3G-compliant cellular communications devices that infringe one or more claims of U.S. Patent Nos. 6,760,590; 7,206,587; 7,764,711; 7,848,439; and 7,339,949. See our September 14, 2018 and October 16, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Michael West
|
Oct
22
On October 4, 2018, ALJ MaryJoan McNamara issued the public version of Order No. 15 (dated June 11, 2018) in Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (Inv. No. 337-TA-1093).

By way of background, this investigation is based on a November 30, 2017 complaint filed by Qualcomm Inc. of San Diego, California 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 mobile electronic devices and radio frequency and processing components thereof that infringe one or more claims of U.S. Patent Nos. 9,154,356; 9,473,336; 8,063,674; 7,693,002; and 9,552,633. See our January 3, 2018 post for more details on the Notice of Investigation.
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By Eric Schweibenz and Michael West
|
Oct
19
On October 5, 2018, ALJ MaryJoan McNamara issued the public version of Order No. 34 (dated August 29, 2018) in Certain Digital Video Receivers and Related Hardware and Software Components (Inv. No. 337-TA-1103)

By way of background, this investigation is based on a February 8, 2018 complaint filed by Rovi Corporation, Rovi Guides, Inc., Rovi Technologies Corporation, and Veveo, Inc. (collectively “Rovi” or “Complainants”) of San Carlos, California 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 digital video receivers and related hardware and software components that infringe one or more claims of U.S. Patent Nos. 7,779,011; 7,937,394; 7,827,585; 9,294,799; 9,369,741; 9,578,363; 9,621,956; and 9,668,014 (collectively, the “asserted patents”).
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By Eric Schweibenz and John Presper
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Oct
18
On October 18, 2018, Chief ALJ Charles E. Bullock issued Order No. 4 setting an 18-month target date in Certain Unmanned Aerial Vehicles and Components Thereof (Inv. No. 337-TA-1133).

By way of background, this investigation is based on an August 30, 2018 complaint filed by Autel Robotics USA LLC of Bothell, Washington 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 unmanned aerial vehicles and components thereof that infringe one or more claims of U.S. Patent Nos. 7,979,174 (“the ’174 patent”), 9,260,184 (“the ’184 patent”), and 10,044,013 (“the ’013 patent”). See our August 30, 2018 and September 27, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and John Presper
|
Oct
17
On October 17, 2018, ALJ David P. Shaw issued Order No. 4 in Certain Strength-Training Systems and Components Thereof (Inv. No. 337-TA-1135).

By way of background, this investigation is based on a September 4, 2018 complaint filed by Hoist Fitness Systems, Inc. of Poway, California 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 strength-training systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,549,949 (“the ’949 patent”), 7,563,209 (“the ’209 patent”), 7,594,880 (“the ’880 patent”), 7,654,938 (“the ’938 patent”), and 7,976,440 (“the ’440 patent”). See our September 4, 2018 and October 1, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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By Eric Schweibenz and Michael West
|
Oct
15
On October 12, 2018, Chief ALJ Charles E. Bullock issued the public version of Order No. 26 (dated October 4, 2018) in Certain Graphics Processors and Products Containing the Same (Inv. No. 337-TA-1099)

By way of background, this investigation is based on a December 29, 2017 complaint filed by ZiiLabs Inc., Ltd. of Bermuda 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 graphics processors and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,181,355; 6,900,800; 8,144,156; and 8,643,659. See our January 30, 2018 post for more details on the Notice of Investigation.
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By Eric Schweibenz and John Presper
|
Oct
12
On October 2, 2018, Chief ALJ Charles E. Bullock issued Order No. 23 in Certain Carburetors and Products Containing Such Carburetors (Inv. No. 337-TA-1123).

By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent). See our June 12, 2018 and July 17, 2018 posts for more details on the complaint and Notice of Investigation, respectively. The ALJ previously denied Respondent Champion Power Equipment, Inc.’s (“Champion”) motion to terminate the investigation as to Champion based on a consent order stipulation and proposed consent order, finding that the proposed consent order did not resolve all the issues as to inventory raised by Walbro. See our September 17, 2018 post for more details.
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