By Eric Schweibenz and Sasha Rao
On October 26, 2015, ALJ Theodore R. Essex issued the
public version of Order No. 9 (dated October 8, 2015) construing terms of the asserted patent claims in
Certain Variable Valve Actuation Devices and Automobiles Containing the Same (Inv. No. 337-TA-954).
By way of background, this investigation is based on a March 10, 2015 complaint filed by Jacobs Vehicle Systems Inc. (“JVS”) naming as respondents FCA US LLC, FCA Mexico, S.A. de C.V., FCA Melfi S.p.A., FCA Serbia d.o.o. Kragujevac, and Fiat Chrysler Automobiles N.C. (collectively, “FCA”). The complaint alleges violations of Section 337 in the importation into the U.S. and sale of variable valve actuation devices and automobiles containing the same that infringe one or more claims of U.S. Patent Nos. 5,829,397; 6,474,277 (the ’277 patent); 6,883,492; 7,059,282 (the ’282 patent); 8,776,738; and 8,820,276 (the ’276 patent).
See our
March 16, 2015 and
April 13, 2015 posts for more details on the complaint and notice of investigation, respectively. A
Markman hearing was held on August 25, 2015 regarding the interpretation of certain claim terms of the ’277 patent, ’282 patent, and ’276 patent.
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