ALJ Lord

ALJ Lord Issues Order To Show Cause In Certain Wireless Standard Compliant Electronic Devices (337-TA-953)

By Eric Schweibenz
|
Feb
02
On January 22, 2016, ALJ Dee Lord issued Order No. 44 in Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers (Inv. No. 337-TA-953) ordering the parties to show cause why (1) the Administrative Law Judge should not issue an initial determination with a copy of the private parties’ settlement agreement in compliance with the Commission Rules, and (2) why the private parties and their counsel should not be sanctioned pursuant to Commission Rule 210.4(d).

By way of background, this investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”) alleging violation by Apple Inc. a/k/a Apple Computer Inc. (“Apple”) of Section 337 in the importation into the U.S. and sale of certain wireless standard compliant electronic devices, including communication devices and tablet computers that infringe one or more claims of U.S. Patent Nos. 8,717,996; 8,660,270; 6,058,359; 6,301,556; 8,102,805; 8,607,130; 8,837,381; and 8,331,476.  See our March 3, 2015 and April 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

ALJ Lord Terminates Investigation As To Michael Todd and MTTO In Certain Electric Skin Care Devices (337-TA-959)

By Eric Schweibenz
|
Feb
15
On February 3, 2016, ALJ Dee Lord issued Order No. 37 in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing The Same (Inv. No. 337-TA-959).

By way of background, this investigation is based on an April 30, 2015 complaint filed by Pacific Bioscience Laboratories, Inc. (“Complainant”) alleging violation of Section 337 in the importation into the U.S. and sale of certain electric skin care devices, brushes and chargers therefor, and kits containing the same that infringe one or more claims of U.S. Patent Nos. 7,320,691; 7,386,906; and D523,809, in addition to infringing PBL's trade dress.  See our May 11, 2015 and June 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

ALJ Lord Grants-In-Part And Denies-In-Part Complainant’s Motion To Compel In Certain Activity Tracking Devices (337-TA-963)

By Eric Schweibenz
|
Feb
26
On February 2, 2016, ALJ Dee Lord issued the public version of Order No. 16 (originally dated December 30, 2015) 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 alleges that the Proposed 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.
Share

Read More

ALJ Lord Denies Motion To Compel In Certain Automated Teller Machines (337-TA-972)

By Eric Schweibenz
|
Mar
03
On February 29, 2016, ALJ Dee Lord issued Order No. 10 in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-972).

By way of background, this investigation is based on an October 19, 2015 complaint filed by Diebold, Inc. and Diebold Self-Service Systems (collectively, “Diebold”) alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,082,616; 7,121,461; 7,229,010; 7,249,761; 7,314,163; and 7,832,631.  See our October 20, 2015 and November 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

ALJ Lord Schedules Oral Argument To Take Place After Evidentiary Hearing In Certain Recombinant Factor VIII Products (337-TA-956)

By Eric Schweibenz
|
Mar
11
On March 11, 2016, ALJ Dee Lord issued Order No. 42 in Certain Recombinant Factor VIII Products (Inv. No. 337-TA-956).

By way of background, this investigation is based on an April 16, 2015 complaint filed by Baxter International Inc., Baxter Healthcare Corp., and Baxter Healthcare SA alleging violation of Section 337 in the importation into the U.S. and sale of certain recombinant factor VIII products that infringe one or more claims of U.S. Patent Nos. 6,100,061; 6,936,441; and 8,084,252.  See our April 17, 2015 and May 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

ALJ Lord Suspends Investigation In Certain Carbon and Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Jul
06
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 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. 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.
Share

Read More

ALJ Lord Finds No Violation Of Section 337 In Certain Activity Tracking Devices (337-TA-963)

By Eric Schweibenz
|
Aug
23
On August 23, 2016, ALJ Dee Lord issued a notice of Initial Determination on violation of Section 337 (“ID”) 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 Proposed 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.   Additionally, the patent infringement allegations in this investigation were previously terminated.  See our June 23, 2016 post for more details.
Share

Read More

ALJ Lord Sets Procedural Schedule In Certain Carbon And Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Sep
16
On September 14, 2016, ALJ Dee Lord issued Order No. 31 in Certain Carbon 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 Corporation (“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, and August 30, 2016 posts for details on this investigation.
Share

Read More

ALJ Lord Grants Motion To Terminate Investigation As To Mercury Cable & Energy In Certain Electrical Conductor Composite Cores (337-TA-995)

By Eric Schweibenz
|
Sep
26
On September 23, 2016, ALJ Dee Lord issued Order No. 9 in Certain Electrical Conductor Composite Cores and Components Thereof (Inv. No. 337-TA-995).

By way of background, this investigation is based on a complaint filed by CTC Global Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain electrical conductor composite cores and components thereof used in electrical transmission lines that infringe one or more claims of U.S. Patent Nos. 7,211,319 and 7,368,162.  See our April 8, 2016 and May 12, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

ALJ Lord Sets 16-Month Target Date In Certain Krill Oil Products (337-TA-1019)

By Eric Schweibenz
|
Oct
06
On October 3, 2016, ALJ Dee Lord issued Order No. 4 in Certain Krill Oil Products (Inv. No. 337-TA-1019).

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.
Share

Read More

ALJ Lord Grants-In-Part Motion To Amend Protective Order To Add Prosecution Bar In Certain Semiconductor Devices (337-TA-1010)

By Eric Schweibenz
|
Oct
26
On October 24, 2016, ALJ Dee Lord issued the public version of Order No. 42 (dated October 14, 2016) granting-in-part Respondents Broadcom Limited and Broadcom Corporation’s (collectively, “Broadcom”) motion to amend the protective order to add a patent prosecution bar 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.
Share

Read More

ALJ Lord Grants Motion To Terminate Antitrust Claim In Certain Carbon And Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Nov
14
On November 14, 2016, ALJ Dee Lord issued Order No. 38 containing her Initial Determination (“ID”) granting Respondents’ motion to terminate Complainant U.S. Steel Corporation’s (“U.S. Steel”) antitrust claim 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, and August 30, 2016 posts for more details on this investigation.
Share

Read More

ALJ Lord Sets 16-Month Target Date In Certain Audio Processing Hardware and Software (337-TA-1026)

By Eric Schweibenz
|
Nov
16
On November 16, 2016, ALJ Dee Lord issued Order No. 5 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.
Share

Read More

ALJ Lord Sets Procedural Schedule In Certain Audio Processing Hardware and Software (337-TA-1026)

By Eric Schweibenz
|
Dec
09
On December 8, 2016, ALJ Dee Lord issued Order No. 7 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.
Share

Read More

ALJ Lord Finds Violation Of Section 337 In Certain Automated Teller Machines (337-TA-972)

By Eric Schweibenz
|
Dec
12
On November 30, 2016, ALJ Dee Lord issued a notice of the Initial Determination on Violation of Section 337 in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-972).

By way of background, this investigation is based on an October 19, 2015 complaint filed by Diebold, Inc. and Diebold Self-Service Systems (collectively, “Diebold”) alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,082,616; 7,121,461; 7,229,010; 7,249,761; 7,314,163; and 7,832,631. See our October 20, 2015 and November 19, 2015posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

ALJ Lord Denies Motion To Preclude Reliance On Certain Representative Products In Certain Semiconductor Devices (337-TA-1010)

By Eric Schweibenz
|
Feb
07
On February 1, 2017, ALJ Dee Lord issued the public version of Order No. 58 (dated January 17, 2017) denying a motion filed by Respondents Broadcom Limited, Broadcom Corporation, Avago Technologies Limited, and Avago Technologies U.S. Inc. (collectively, “Broadcom”) to preclude Complainants Tessera Technologies, Inc., Tessera, Inc., and Invensas Corporation (collectively, “Tessera”) from relying on certain representative products to satisfy the technical prong of the domestic industry requirement 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 alleging violation of Section 337 by way of the 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 (”the ’136 patent”). See our May 24, 2016 and July 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
Share

Read More

ALJ Lord Sets 16-Month Target Date In Certain Basketball Backboard Components (337-TA-1040)

By Eric Schweibenz
|
Feb
14
On February 9, 2017, ALJ Dee Lord issued Order No. 3 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.
Share

Read More

ALJ Lord Terminates Investigation In Certain Composite Intermediate Bulk Containers (337-TA-1014)

By Eric Schweibenz
|
Feb
23
On February 22, 2017, ALJ Dee Lord issued Order No. 13 in Certain Composite Intermediate Bulk Containers (Inv. No. 337-TA-1014).

By way of background, this investigation is based on a June 15, 2016 complaint filed by Schütz Container Systems 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 intermediate bulk containers that infringe Schütz’s trade dress. See our June 22, 2016 and July 25, 2016 posts for more details on the complaint.
Share

Read More

ALJ Lord Grants Motion To Terminate Investigation As To Trade Secret Misappropriation Claims In Certain Carbon And Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Feb
24
On February 22, 2017, ALJ Dee Lord issued Order No. 56 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 November 14, 2016 posts for more details on this investigation.
Share

Read More

ALJ Lord Sets Procedural Schedule In Certain Flash Memory Devices (337-TA-1034)

By Eric Schweibenz
|
Feb
28
On February 24, 2017, ALJ Dee Lord issued Order No. 10 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.
Share

Read More