Settlements

ALJ Gildea Grants Motion To Terminate Investigation In Certain Electronic Bark Control Collars (337-TA-870)

By Eric Schweibenz
|
Mar
25
On March 25, 2013, ALJ E. James Gildea issued Order No. 3 in Certain Electronic Bark Control Collars (Inv. No. 337-TA-870).

According to the Order, ALJ Gildea granted a joint motion filed by Complainant Radio Systems Corporation and Respondent Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions to terminate the investigation in its entirety based on a settlement agreement between the parties.

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ALJ Bullock Grants Motion To Terminate Investigation In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Mar
28
On March 26, 2013, Chief ALJ Charles E. Bullock issued Order No. 88 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855). 

According to the Order, ALJ Bullock granted a joint motion filed by Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (collectively, “Hitachi”) and Respondents Harman International Industries, Incorporated and AKG Acoustics GmbH (collectively, “Respondents”) to terminate the investigation as to Respondents based on a settlement agreement. 

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
May
10
On May 6, 2013, Chief ALJ Charles E. Bullock issued Order No. 100 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to the Order, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. and Respondent Bose Corporation filed a joint motion to terminate the investigation based on a settlement agreement between the parties.  The Commission Investigative Staff filed a response in support of the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Essex Grants Motions To Terminate Investigation As To Camus And Sidney Frank In Certain Products Having Laminated Packaging (337-TA-874)

By Eric Schweibenz
|
May
16
On May 8, 2013, ALJ Theodore R. Essex issued the public version of Order No. 10 and Order No. 11 (both dated May 7, 2013) in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (Inv. No. 337-TA-874).

According to Order No. 10, ALJ Essex granted a joint motion filed by Complainant Lamina Packaging Innovations, LLC (“Lamina”) and Respondent Camus Wines and Spirits Group (“Camus”) to terminate the investigation as to Camus based on good cause and a mutual release agreement.  The remaining Respondents filed an opposition to the motion arguing that, given the redactions of the agreement, they could not determine whether it was a “sham.”  The ALJ found this argument unpersuasive, stating that Respondents had failed to set forth a good basis as to why the amount of consideration exchanged between Lamina and Camus was critical and failed to clearly set out how the agreement could be a “sham.

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
May
20
On May 14, 2013, Chief ALJ Charles E. Bullock issued Order No. 106 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to the Order, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (“Hitachi”) and Respondents Milwaukee Electric Tool Corporation and Techtronic Industries Company Limited (collectively, “Respondents”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Respondents.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Essex Grants New Motion To Terminate Investigation As To Pantech In Certain Electronic Imaging Devices (337-TA-850)

By Eric Schweibenz
|
May
21
On May 13, 2013, ALJ Theodore R. Essex issued Order No. 26 (dated May 10, 2013) in Certain Electronic Imaging Devices (Inv. No. 337-TA-850).

By way of background, ALJ Essex issued Order No. 21 granting Complainant FlashPoint Technology, Inc. (“Flashpoint”) and Respondents Pantech., Co., Ltd. and Pantech Wireless, Inc.’s (collectively, “Pantech”) joint motion to terminate the investigation as to Pantech based on entry of a consent order and an associated letter of intent to execute a final patent license agreement.  See our March 11, 2013 post.  Subsequently, the International Trade Commission remanded the initial determination back to ALJ Essex to allow for FlashPoint and Pantech to file a new motion to terminate after the parties have executed their final patent license agreement.

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ALJ Bullock Terminates Investigation Based On Settlement Agreements In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jun
03
On May 28, 2013, Chief ALJ Charles E. Bullock issued Order Nos. 108 and 111-114 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to Order No. 108, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (“Hitachi”) and Respondent Maxon Precision Motors, Inc. (“Maxon”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Maxon.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jun
07
On June 4, 2013, Chief ALJ Charles E. Bullock issued Order No. 126 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to the Order, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (“Hitachi”) and Respondents Dr. Fritz Faulhaber GmbH & Co. KG and Micromo Electronics, Inc. (collectively, “Respondents”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Respondents.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Pender Terminates Investigation As To Belkin In Certain Electronic Devices Having Placeshifting Or Display Replication Functionality (337-TA-878)

By Eric Schweibenz
|
Jun
07
On June 5, 2013, ALJ Thomas B. Pender issued Order No. 4 in Certain Electronic Devices Having Placeshifting or Display Replication Functionality and Products Containing Same (Inv. No. 337-TA-878).

According to the Order, Complainant Sling Media, Inc. (“Sling Media”) and Respondent Belkin International,Inc. (“Belkin”) filed a joint motion to terminate the investigation based on a settlement agreement between Sling Media and Belkin.  ALJ Pender granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Essex Grants Motion To Terminate Investigation As To L’Oreal In Certain Products Having Laminated Packaging (337-TA-874)

By Eric Schweibenz
|
Jun
17
On June 11, 2013, ALJ Theodore R. Essex issued Order No. 14 in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (Inv. No. 337-TA-874).

According to the Order, ALJ Essex granted a joint motion filed by Complainant Lamina Packaging Innovations, LLC (“Lamina”) and Respondent L’Oreal USA, Inc. (“L’Oreal”) to terminate the investigation as to L’Oreal based on a settlement agreement between Lamina and L’Oreal.  ALJ Essex determined that the settlement agreement would not adversely impact the public interest and thus granted the joint motion.

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ALJ Bullock Grants Motion To Terminate Investigation In Certain Wiper Blades (337-TA-816)

By Eric Schweibenz
|
Jun
17
On June 13, 2013, Chief ALJ Charles E. Bullock issued Order No. 70 in Certain Wiper Blades (Inv. No. 337-TA-816).

According to the Order, ALJ Essex granted a joint motion filed by Complainant Robert Bosch LLC and Respondents Pylon Manufacturing Corp., Scan Top Enterprise Co., Ltd., and Danyang UPC Auto Parts Co., Ltd. to terminate the investigation based on a consent order stipulation and proposed consent order.

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ALJ Rogers Terminates Investigation In Certain Radio Frequency Identification (“RFID”) Products (337-TA-875)

By Eric Schweibenz
|
Jun
26
On June 19, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 8 in Certain Radio Frequency Identification (“RFID”) Products and Components Thereof (Inv. No. 337-TA-875). 

According to the Order, Complainant Neology, Inc. and Respondents Federal Signal Corporation, Federal Signal Technologies, LLC, Sirit Corp., and 3M Company filed a joint motion to terminate the investigation based upon a settlement agreement.  ALJ Rogers granted the motion and terminated the investigation in its entirety, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Essex Grants Motion To Terminate Investigation As To Dell In Certain Computers and Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
|
Jun
26
On June 19, 2013, ALJ Theodore R. Essex issued Order No. 46 in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (Inv. No. 337-TA-841).

In the Order, ALJ Essex granted a joint motion filed by Complainant Technology Properties Limited LLC and Respondent Dell Inc. (“Dell”) to terminate the investigation as to Dell based on a settlement agreement. 

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ALJ Shaw Grants Motion To Terminate Investigation In Certain Compact Fluorescent Reflector Lamps (337-TA-872)

By Eric Schweibenz
|
Jun
28
On June 11, 2013, ALJ David P. Shaw issued Order No. 20 in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872).

According to the Order, Complainants Neptun Light Inc. and Andrezj Bobel and Respondent Technical Consumer Products, Inc. (“TCP”) filed a motion to terminate the investigation based on a settlement agreement.  ALJ Shaw granted the motion and terminated the investigation as to TCP, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.  

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
|
Jun
28
On June 10, 2013, Chief ALJ Charles E. Bullock issued Order No. 129 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to the Order, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (“Hitachi”) and Respondent Bunting Magnetics Co. (“Bunting”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Bunting.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ITC Grants Motion To Terminate Respondents In Consolidated Enforcement and Modification Proceedings In Certain Dimmable Compact Fluorescent Lamps (337-TA-830)

By Eric Schweibenz
|
Jul
30
On July 26, 2013, the U.S. International Trade Commission issued a notice determining to grant motions to terminate  the consolidated enforcement and modification proceedings in Certain Dimmable Compact Fluorescent Lamps and Products (Inv. No. 337-TA-830).

By way of background, the Commission instituted this investigation on February 22, 2012 based on a complaint filed by Neptun Light, Inc. and Andrzej Bobel (collectively, “Neptun”) alleging violation of Section 337 by reason of infringement of various claims of U.S. Patent Nos. 5,434,480 and 8,035,318 by several respondents, including MaxLite, Inc. (“MaxLite”).  See our February 23, 2012 post for more details.  On July 25, 2012, the Commission terminated the investigation as to MaxLite and entered a consent order preventing MaxLite from importing dimmable compact fluorescent lamps (“CFLs”) that infringed claim 9 of the ‘480 patent.

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ALJ Bullock Terminates Investigation As To Personal Communications Devices In Certain Mobile Handset Devices And Related Touch Keyboard Software (337-TA-864)

By Eric Schweibenz
|
Aug
23
On August 20, 2013, Chief ALJ Charles E. Bullock issued issued Order No. 16 in Certain Mobile Handset Devices and Related Touch Keyboard Software(Inv. No. 337-TA

According to the Order, Complainants Nuance Communications, Inc., Swype, Inc., and Tegic Communications, Inc. (collectively, “Complainants”) and Respondent Personal Communications Devices, LLC (“PCD”) filed a joint motion to terminate the investigation as to PCD based on an agreement between Complainants and TCT Mobile International Limited (PCD’s supplier of the accused cellular device “Venture”).  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Bullock Grants Motion To Terminate Investigation In Certain Wiper Blades (337-TA-816)

By Eric Schweibenz
|
Sep
30
On September 30, 2013, Chief ALJ Charles E. Bullock issued Order No. 103 in Certain Wiper Blades (Inv. No. 337-TA-816).

According to the Order, ALJ Bullock granted a joint motion filed by Complainant Robert Bosch LLC and Respondents Corea Autoparts Producing Corporation, CAP America, Inc. and PIAA Corporation USA to terminate the investigation based on a settlement agreement.

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ALJ Shaw Terminates Investigation As To Sharp In Certain Digital Media Devices (337-TA-882)

By Eric Schweibenz
|
Oct
23
On October 21, 2013, ALJ David P. Shaw issued Order No. 23 in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).

By way of background, this investigation was instituted on June 12, 2013 and is based on a May 13, 2013 complaint filed by Black Hills Media, LLC (“BHM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain digital media devices that infringe one or more claims of U.S. Patent Nos. 8,028,323; 8,214,873; 8,230,099; 8,045,952; 8,050,652 and 6,618,593.  See our May 16, 2013 and June 20, 2013 posts for more details on the complaint and the notice of investigation, respectively.

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ALJ Lord Grants Motion To Terminate Investigation In Certain Mobile Handset Devices And Related Touch Keyboard Software (337-TA-864)

By Eric Schweibenz
|
Oct
28
On October 23, 2013, ALJ Dee Lord issued Order No. 22 in Certain Mobile Handset Devices and Related Touch Keyboard Software (Inv. No. 337-TA-864.

According to the Order, Complainants Nuance Communications, Inc., Swype, Inc., and Tegic Communications, Inc. and Respondent Shanghai HanXiang (CooTek) Information Technology Co., Ltd. filed a joint motion to terminate the investigation in its entirety based on a settlement agreement.  ALJ Lord granted the motion, determining that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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