Commission Notices
By Eric Schweibenz
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May
19
On May 18, 2017, the U.S. International Trade Commission (“Commission”) issued a notice 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 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. 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; 8,116,430; 8,867,703; 7,880,154; 7,906,770; and 8,696,538. 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. On January 13, 2017, the Commission determined to review the Final ID's conclusions on several issues and remanded the investigation to the ALJ. On March 31, 2017, the ALJ issued his remand initial determination finding the claims subject to the remand to be nonobvious.
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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
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Mar
16
On March 3, 2017, the International Trade Commission (“Commission”) issued a notice in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was instituted 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 February 27, 2017 posts for more details on this investigation.
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By Eric Schweibenz
|
Feb
27
On February 24, 2017, the International Trade Commission (“Commission”) issued a notice in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was instituted 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, 2016August 30, 2016, and November 14, 2016 posts for more details on this investigation.
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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
|
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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