ALJ Lord

ALJ Lord Grants Avago Motion To Terminate Investigation For No Violation Of Section 337 In Certain Semiconductor Devices (337-TA-1010)

By Eric Schweibenz
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Feb
28
On February 27, 2017, ALJ Dee Lord issued Order No. 70 in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same (Inv. No. 337-TA-1010).

By way of background, this investigation is based on a complaint filed by Tessera Technologies, Inc., Tessera, Inc., and Invensas Corp. (collectively, “Tessera”) 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 semiconductor devices, semiconductor device packages, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,856,007; 6,849,946; and 6,133,136. See our May 24, 2016 and July 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Issues Claim Construction Order In Certain Krill Oil Products (337-TA-1019)

By Eric Schweibenz
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Apr
21
On April 13, 2017, ALJ Dee Lord issued Order No. 13 in Certain Krill Oil Products And Krill Meal For Production Of Krill Oil Products (Inv. No. 337-TA-1019) construing several terms at issue in the investigation.

By way of background, this investigation is based on an August 12, 2016 complaint filed by Aker BioMarine Antarctic AS and Aker BioMarine Manufacturing, LLC 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 krill oil products and krill meal for production of krill oil products that infringe one or more claims of U.S. Patent Nos. 9,028,877; 9,078,905; 9,072,752; 9,320,765; and 9,375,453. See our August 17, 2016 and September 14, 2016 posts for more details on the complaint and Notice of Investigation, respectively. U.S. Patent No. 9,078,905 was subsequently withdrawn from the Investigation.
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ALJ Lord Sets 16-Month Target Date In Certain Non-Volatile Memory Devices (337-TA-1046)

By Eric Schweibenz
|
Apr
24
On April 24, 2017, ALJ Dee Lord issued Order No. 5 in Certain Non-Volatile Memory Devices and Products Containing Same (Inv. No. 337-TA-1046).

By way of background, this investigation is based on a March 7, 2017 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. 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 non-volatile memory devices and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,552,360; 6,788,602; and 8,035,417. See our March 10, 2017 and April 6, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets Procedural Schedule In Certain Non-Volatile Memory Devices (337-TA-1046)

By Eric Schweibenz
|
May
16
On May 11, 2017, ALJ Dee Lord issued Order No. 8 in Certain Non-Volatile Memory Devices and Products Containing Same (Inv. No. 337-TA-1046).

By way of background, this investigation is based on a March 7, 2017 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. 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 non-volatile memory devices and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,552,360; 6,788,602; and 8,035,417. See our March 10, 2017 and April 6, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets 16-Month Target Date In Certain Thermoplastic-Encapsulated Electric Motors (337-TA-1052)

By Eric Schweibenz
|
May
17
On May 11, 2017, ALJ Dee Lord issued Order No. 3 in Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same (Inv. No. 337-TA-1052). Please note that Oblon represents the Aisin Seiki Respondents in this matter.

By way of background, this investigation is based on a March 21, 2017 complaint filed by Intellectual Ventures II LLC of Bellevue, 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 thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same that infringe one or more claims of U.S. Patent Nos. 7,154,200; 7,067,944; 7,067,953; 7,683,509; and 7,928,348. See our March 22, 2017 and May 1, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets Procedural Schedule In Certain Thermoplastic-Encapsulated Electric Motors (337-TA-1052)

By Eric Schweibenz
|
Jun
02
On May 30, 2017, ALJ Dee Lord issued Order No. 6 in Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same (Inv. No. 337-TA-1052). Please note that Oblon represents the Aisin Seiki Respondents in this matter.

By way of background, this investigation is based on a March 21, 2017 complaint filed by Intellectual Ventures II LLC of Bellevue, 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 thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same that infringe one or more claims of U.S. Patent Nos. 7,154,200; 7,067,944; 7,067,953; 7,683,509; and 7,928,348. See our March 28, 2017 and May 1, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Finds Section 337 Violation In Certain Semiconductor Devices (337-TA-1010)

By Eric Schweibenz
|
Jul
03
On June 30, 2017, ALJ Dee Lord issued a notice of the Initial Determination (“ID”) in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same (Inv. No. 337-TA-1010).

By way of background, this investigation is based on a complaint filed by Tessera Technologies, Inc., Tessera, Inc., and Invensas Corp. 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 semiconductor devices, semiconductor device packages, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,856,007; 6,849,946; and 6,133,136. See our May 24, 2016 and July 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Terminates Investigation In Certain Flash Memory Devices (337-TA-1034)

By Eric Schweibenz
|
Jul
14
On July 13, 2017, ALJ Dee Lord issued Order No. 22 in Certain Flash Memory Devices and Components Thereof (Inv. No. 337-TA-1034).

By way of background, this investigation is based on a November 30, 2016 complaint filed by Memory Technologies, LLC of Las Vegas, Nevada 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 flash memory devices and components thereof that infringe U.S. Patent Nos. RE45,542; RE45,486; 7,565,469; 9,063,850; and 8,307,180. See our December 20, 2016 and January 9, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets 16-Month Target Date In Certain Consumer Electronic Devices (337-TA-1060)

By Eric Schweibenz
|
Jul
19
On July 19, 2017, ALJ Dee Lord issued Order No. 5 in Certain Consumer Electronic Devices, Including Televisions, Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and Blu-Ray Players (Inv. No. 337-TA-1060).

By way of background, this investigation is based on a May 9, 2017 complaint filed by ARRIS Enterprises LLC of Suwanee, Georgia 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 consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-Ray players that infringe one or more claims of U.S. Patent Nos. 6,473,858; 6,934,148; 7,113,502; 7,752,564; 8,300,156; and 9,521,466. See our May 11, 2017 and June 9, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Grants Motion To Strike Public Interest Affirmative Defenses In Certain Basketball Backboard Components (337-TA-1040)

By Eric Schweibenz
|
Jul
31
On July 31, 2017, ALJ Dee Lord issued Order No. 10 in Certain Basketball Backboard Components and Products Containing Same (Inv. No. 337-TA-1040).

By way of background, this investigation is based on a December 30, 2016 complaint filed by Lifetime Products, Inc. of Clearfield, Utah 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 basketball backboard components and products containing the same that infringe one or more claims of Lifetime’s U.S. Patent Nos. 7,749,111; 8,845,463; and 8,852,034. See our January 12, 2017 and February 10, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Denies Motion For Sanctions In Certain Carbon and Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Aug
07
On August 4, 2017, ALJ Dee Lord issued Order No. 92 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, November 14, 2016, and March 20, 2017 posts for more details on this investigation.
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ALJ Lord Terminates Investigation Based On Complainant’s Lack Of Constitutional Standing In Certain Thermoplastic-Encapsulated Electric Motors (337-TA-1052)

By Eric Schweibenz
|
Aug
16
On August 11, 2017, ALJ Dee Lord issued the public version of Order No. 7 in Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same (Inv. No. 337-TA-1052). In the order, ALJ Lord issued an initial determination granting Respondents’ motion to terminate the investigation in its entirety due to Complainant Intellectual Ventures II LLC’s (“IV”) lack of constitutional standing to bring its complaint at the ITC. Please note that Oblon represents the Aisin Seiki Respondents in this matter.

By way of background, this investigation is based on a March 21, 2017 complaint filed by IV 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 thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same that infringe one or more claims of U.S. Patent Nos. 7,154,200; 7,067,944; 7,067,952; 7,683,509; and 7,928,348 (collectively, the “asserted patents”). See our March 28, 2017 and May 1, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Terminates Investigation As To Samsung In Certain Audio Processing Hardware and Software (337-TA-1026)

By Eric Schweibenz
|
Aug
22
On August 22, 2017, ALJ Dee Lord issued Order No. 68 in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation alleging violation by Apple Inc., Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. 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 audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607; 6,363,345; and 6,377,607. See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets 16-Month Target Date In Certain Recombinant Factor IX Products (337-TA-1066)

By Eric Schweibenz
|
Sep
06
On September 6, 2017, ALJ Dee Lord issued Order No. 4 in Certain Recombinant Factor IX Products (Inv. No. 337-TA-1066).

By way of background, this investigation is based on a July 7, 2017 complaint filed by Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC—all of Waltham, Massachusetts— 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 recombinant Factor IX products that infringe one or more claims of U.S. Patent Nos. 9,670,475; 9,623,091; and 9,629,903. See our July 17, 2017 and August 11, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Grants Motion To Terminate Investigation In Certain Basketball Backboard Components (337-TA-1040)

By Eric Schweibenz
|
Sep
07
On September 6, 2017, ALJ Dee Lord issued Order No. 15 in Certain Basketball Backboard Components and Products Containing Same (Inv. No. 337-TA-1040).

By way of background, this investigation is based on a December 30, 2016 complaint filed by Lifetime Products, Inc. of Clearfield, Utah 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 basketball backboard components and products containing the same that infringe one or more claims of Lifetime’s U.S. Patent Nos. 7,749,111; 8,845,463; and 8,852,034. See our January 12, 2017 and February 10, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets Procedural Schedule In Certain Recombinant Factor IX Products (337-TA-1066)

By Eric Schweibenz
|
Oct
11
On October 10, 2017, ALJ Dee Lord issued Order No. 5 in Certain Recombinant Factor IX Products (Inv. No. 337-TA-1066).

By way of background, this investigation is based on a July 7, 2017 complaint filed by Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC—all of Waltham, Massachusetts— 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 recombinant Factor IX products that infringe one or more claims of U.S. Patent Nos. 9,670,475; 9,623,091; and 9,629,903. See our July 17, 2017 and August 11, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Finds No Violation Of Section 337 In Certain Audio Processing Hardware and Software (337-TA-1026)

By Eric Schweibenz
|
Oct
30
On October 26, 2017, ALJ Dee Lord issued a notice of the Initial Determination (“ID”) in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation alleging violation by Apple Inc., Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. 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 audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607; 6,363,345; and 6,377,607. See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets 16-Month Target Date In Certain Industrial Automation Systems (337-TA-1074)

By Eric Schweibenz
|
Nov
02
On October 31, 2017, ALJ Dee Lord issued Order No. 3 in Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies (Inv. No. 337-TA-1074).

By way of background, this investigation is based on a September 6, 2017 complaint filed by Rockwell Automation, Inc. of Milwaukee, Wisconsin 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 industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe various Rockwell trademarks and copyrights. See our September 14, 2017 and October 12, 2017 posts for more details on the complaint and the Notice of Investigation, respectively.
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ALJ Lord Terminates Investigation As To Funai In Certain Semiconductor Devices And Consumer Audiovisual Products (337-TA-1047)

By Eric Schweibenz
|
Nov
15
On November 7, 2017, ALJ Lord issued Order No. 31 in Certain Semiconductor Devices And Consumer Audiovisual Products Containing Same (Inv. No. 337-TA-1047).

By way of background, this investigation is based on a March 7, 2017 complaint filed by Broadcom Corporation 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 semiconductor devices and consumer audiovisual products containing the same that infringe one or more claims of U.S. Patent Nos. 8,284,844; 7,590,059; 8,068,171; 7,310,104; and 7,342,967.  See our March 9, 2017 and April 7, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Issues Public Version of ID In Certain Audio Processing Hardware And Software (337-TA-1026)

By Eric Schweibenz
|
Dec
08
Further to our October 30, 2017 post, on December 8, 2017, ALJ Dee Lord issued the public version of the Initial Determination (“ID”) (see part 1, part 2, part 3, and part 4) finding no violation of Section 337 in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation (“Andrea”) alleging violation by Apple Inc. (“Apple”), Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. (collectively, “Samsung”) 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 audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607 (“the ’607 patent”); 6,363,345 (“the ’345 patent”); and 6,377,637 (“the ’637 patent”). See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively. Samsung was terminated from the investigation on the basis of settlement agreement. See our August 22, 2017 post for additional details. Only the ’345 patent remained at issue after the investigation was terminated as to the ’607 and ’637 patents based on Andrea’s withdrawal of its allegations.
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