Commission Notices
By Eric Schweibenz
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Jan
25
On January 23, 2017, the International Trade Commission (“Commission”) issued a notice of its decision to review in part Chief ALJ Charles E. Bullock’s Initial Determination (“ID”) finding no violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using The Same (Inv. No. 337-TA-971).

By way of background, this investigation is based on an October 16, 2015 complaint filed by Select Comfort Corp. and Select Comfort SC Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain air mattress systems and components thereof by Respondents Sizewise Rentals LLC, American National Manufacturing Inc., and Dires LLC (d/b/a Personal Comfort Bed) that infringe one or more claims of U.S. Patent Nos. 5,904,172 and 7,389,554. See our October 19, 2015 and November 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 18, 2016, ALJ Bullock issued the ID finding no violation of Section 337. See our December 13, 2016 post for more details on the public version of the ID.
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By Eric Schweibenz
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Jan
23
On January 12, 2017, the U.S. International Trade Commission (“Commission”) issued issued a notice in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320. See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order (“LEO”) and cease-and-desist orders (“CDOs”) directed at Eko Brands, LLC (“Eko”) and other respondents based on their infringement of claims 8 and 19. On December 1, 2016, ALJ Theodore R. Essex granted ARM’s motion for summary determination that Respondents cannot prove their collateral estoppel defense as a matter of law. See our January 19, 2017 post for more details.
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By Eric Schweibenz
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Jan
18
On January 13, 2017, the U.S. International Trade Commission (“Commission”) issued a notice and order in Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG (collectively, “Varian”) alleging violation of Section 337 by Respondents Elekta AB, Elekta Ltd., Elekta GmbH, Elekta Inc., IMPAC Medical Systems, Inc., Elekta Instrument (Shanghai) Ltd., and Elekta Beijing Medical Systems Co. Ltd. (collectively, “Elekta”) in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021 (“the ’021 patent”); 8,116,430 (“the ’430 patent”); 8,867,703 (“the ’703 patent”); 7,880,154 (“the ’154 patent”); 7,906,770 (“the ’770 patent”); and 8,696,538 (“the ’538 patent’).  See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 28, 2016, ALJ David P. Shaw issued the public version of his Initial Determination (the “Final ID”) finding a violation of Section 337. See our December 27, 2016 post for more details.
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By Eric Schweibenz
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Jan
17
On January 12, 2017, the International Trade Commission (“the Commission”) issued a notice in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).
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By Eric Schweibenz and John Presper
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Nov
25
On November 17, 2016, the ITC entered a consent order against Respondent InMotion Entertainment Group LLC (“IMEG”) in Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).

By way of background, this investigation is based on a complaint filed by Razor USA, LLC, Inventist, Inc., and Shane Chen (collectively, “Razor”) alleging violation of Section 337 in the importation into the U.S. and sale of certain motorized self-balancing vehicles that infringe one or more claims of U.S. Patent No. 8,738,278 (“the ’278 patent”), and, further, that certain of the named respondents have engaged in unfair methods of competition through false advertising and/or false or misleading representations of fact in connection with the sale and importation of such motorized self-balancing vehicles.  See our March 23, 2016 and June 1, 2016 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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Sep
29
On September 7, 2016, the International Trade Commission (“the Commission”) issued a notice and order in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973).  In the notice and order, the Commission determined to review-in-part and vacate-in-part the ALJ’s initial determination (“ID”) in Order No. 24 granting Respondents AliphCom d/b/a Jawbone and BodyMedia, Inc.’s (collectively, “Jawbone”) motion for summary determination that U.S. Patent Nos. 8,920,332 (“the ’332 patent”), 8,868,337 (“the ’337 patent”), and 9,089,760 (“the ’760 patent”) are directed to ineligible subject matter under 35 U.S.C. § 101.

By way of background, this investigation is based on a November 2, 2015 complaint filed by Fitbit, Inc. (“Fitbit”) alleging violation of section 337 in the importation into the U.S. and sale of certain wearable activity tracking devices, systems, and components thereof that infringe one or more claims of the ’332, ’377, and ’760 patents.  See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.  On August 9, 2016, ALJ Thomas B. Pender issued the public version of Order No. 24 granting Jawbone’s motion for summary determination of invalidity and terminating the investigation in its entirety.  See our August 18, 2016 post for more details on the ID.
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By Eric Schweibenz and Alex Englehart
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Aug
31
On August 19, 2016, the International Trade Commission (“the Commission”) issued a notice in Certain Resealable Packages with Slider Devices (Inv. No. 337-TA-962).  In the notice, the Commission determined that no violation of Section 337 has occurred in this matter and terminated the investigation.

By way of background, this investigation is based on a June 17, 2015 complaint filed by Reynolds Presto Products Inc. (“Reynolds Presto”) alleging violation of Section 337 in the importation into the U.S. and sale of certain resealable packages with slider devices that infringe one or more claims of U.S. Patent Nos. 6,427,421 (the ‘421 patent); 6,524,002 (the ‘002 patent); and 7,311,443 (the ‘443 patent).  See our June 17, 2015 and July 17, 2015 posts for more details on the complaint.
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By Eric Schweibenz and John Presper
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Aug
05
On August 5, 2016, the International Trade Commission (“the Commission”) issued a notice determining to review and reverse an initial determination (ID) suspending the investigation in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation is based on a complaint filed by U.S. Steel Corp. (“U.S. Steel”) alleging violation of Section 337 by a number of Chinese steel companies that are conspiring to fix prices, control output and export volumes in violation of Section 1 of the Sherman Act, misappropriating U.S. Steel trade secrets, and falsely designating the origin or manufacturer of steel products being imported or sold for importation into the U.S.  See our April 26, 2016 and June 7, 2016 posts for more details on the complaint and notice of investigation.  On July 6, 2016, ALJ Dee Lord issued Order No. 19 suspending the investigation pursuant to Section 337(b)(3) and Commission Rule 210.23 “to allow the Commission to provide the statutorily required noted to the Secretary of Commerce” given that the present matter comes at least “in part” within the purview of the antidumping and countervailing duty laws, and due to “the pendency of proceedings before the Secretary of Commerce.”  See our July 6, 2016 post for more details on the ID.
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By Eric Schweibenz and Alex Englehart
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Jun
24
On June 23, 2016, the International Trade Commission (the “Commission”) issued a notice determining that a Section 337 violation has occurred in Certain Footwear Products (Inv. No. 337-TA-936).  The Commission also issued a general exclusion order prohibiting the unlicensed entry of footwear products that infringe U.S. Trademark Registration Nos. 3,258,103 (the ‘103 trademark) and 1,588,960 (the ‘960 trademark).

By way of background, this investigation is based on an October 14, 2014 complaint filed by Converse Inc. (“Converse”) alleging violation of Section 337 in the importation into the U.S. and sale of certain footwear products that infringe U.S. Trademark Registration No. 4,398,753 (the ‘753 trademark), the ‘103 trademark, and the ‘960 trademark.  Additionally, Converse alleged violation of Section 337 based upon unfair competition/false designation of origin, common law trademark infringement and unfair competition, and trademark dilution.  See our October 15, 2014 and November 14, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  Most of the named respondents were subsequently either found in default or terminated from the investigation based on good cause or settlement and/or consent order stipulation.  However, Wal-Mart Stores, Inc., Skechers U.S.A., Inc., Highline United LLC d/b/a Ash Footwear USA, and New Balance Athletic Shoe, Inc. remained in the investigation.
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By Eric Schweibenz and Lisa Mandrusiak
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Jun
23
On June 3, 2016, the International Trade Commission (“Commission”) issued a notice of its decision not to review an Initial Determination (“ID”) granting summary determination that two asserted patents are directed to ineligible subject matter under 35 U.S.C. § 101 in Certain Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-963).

By way of background, this investigation is based on a July 8, 2015 complaint filed by AliphCom d/b/a Jawbone and BodyMedia, Inc. (collectively “Jawbone”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable fitness and activity tracker devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,446,275; 8,529,811; 8,793,522; 8,961,413; 8,073,707; and 8,398,546.  The complaint further alleged that the respondents have engaged in unfair competition and unfair acts by their access and improper use of Jawbone’s trade secret confidential information related to Jawbone’s technology and wearable product development plans, roadmaps, and financial information.  See our July 8, 2015 and August 18, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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