ALJ Orders

ALJ Pender Denies Motion To Strike In Certain Wireless Headsets (337-TA-943)

By Eric Schweibenz
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Jun
10
On May 22, 2015, ALJ Thomas B. Pender issued Order No. 11 in Certain Wireless Headsets (Inv. No. 337-TA-943).

By way of background, this investigation is based on a December 8, 2014 complaint filed by One-E-Way, Inc. ("OEW") alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless headsets that infringe one or more claims of U.S. Patent Nos. 7,865,258 and 8,131,391.  See our January 8, 2015 and January 14, 2015posts for more details on the complaint and notice of investigation, respectively.

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ALJ Bullock Grants Motion To Quash Subpoenas In Certain Footwear Products (337-TA-936)

By Eric Schweibenz
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Jun
11
On June 2, 2015, Chief ALJ Charles E. Bullock issued the public version of Order No. 111 (dated May 11, 2015) in Certain Footwear Products (Inv. No. 337-TA-936).

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 Nos. 4,398,753; 3,258,103; and 1,588,960. 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.

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ALJ Shaw Grants Motion To Quash Subpoena In Certain Graphics Processing Chips (337-TA-941)

By Eric Schweibenz
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Jun
16
On May 26, 2015 ALJ David P. Shaw issued the public version of Order No. 8 (dated May 13, 2015) granting non-party Taiwan Semiconductor Manufacturing Company North America's ("TSMC NA") motion to quash a subpoena filed by Complainants in Certain Graphics Processing Chips, Systems On A Chip, And Products Containing the Same (Inv. No. 337-TA-941).

By way of background, this investigation is based on a November 21, 2014 complaint filed by Samsung Electronics Co., Ltd. of South Korea and Samsung Austin Semiconductor, LLC of Austin, Texas (collectively, "Samsung") alleging violation of Section 337 in the importation into the U.S. and sale of certain graphics processing units ("GPUs"), systems on a chip ("SoCs"), and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,147,385; 6,173,349; 7,056,776; and 7,804,734.  See our November 26, 2014 and December 24, 2014 posts for more details on the complaint and Notice of Investigation.

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ALJ Lord Grants Joint Motion For An Earlier Markman Hearing In Certain Recombinant Factor VIII Products (337-TA-956)

By Eric Schweibenz
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Jun
18
On June 18, 2015, ALJ Dee Lord issued Order No. 6 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 (collectively, "Baxter") 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.

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ALJ Bullock Sets Revised Procedural Schedule In Certain Laser Abraded Denim Garments (337-TA-930)

By Eric Schweibenz
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Jun
22
On June 22, 2015, Chief ALJ Charles E. Bullock issued Order No. 62 in Certain Laser Abraded Denim Garments (Inv. No. 337-TA-930).

By way of background, this investigation is based on an August 18, 2014 complaint filed by RevoLaze, LLC and TechnoLines, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain laser abraded denim garments that infringe one or more claims of U.S. Patent Nos. 5,990,444; 6,140,602; 6,252,196; 6,664,505; 6,819,972; and 6,858,815.  See our August 19, 2014 and September 19, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Lord Grants Motion To Terminate Investigation As To INMOTION Technologies In Certain Personal Transporters (337-TA-935)

By Eric Schweibenz
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Jun
23
On June 19, 2015, ALJ Dee Lord issued Order No. 23 in Certain Personal Transporters (Inv. No. 337-TA-935).

By way of background, this investigation is based on a September 9, 2014 complaint filed by Segway Inc. and DEKA Products Limited Partnership alleging violation of Section 337 in the importation into the U.S. and sale of certain personal transporters, components thereof, and manuals relating thereto that infringe one or more claims of U.S. Patent Nos. 6,789,640; 7,275,607; D551,722; and D551,592 and U.S. Copyright Reg. No. TX 7-800-563.  See our September 11, 2014 and November 5, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Bullock Sets 16-Month Target Date In Certain Automatic Teller Machines And Point Of Sale Devices (337-TA-958)

By Eric Schweibenz
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Jun
26
On June 25, 2015, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Automatic Teller Machines And Point Of Sale Devices and Associated Software Thereof (Inv. No. 337-TA-958).

By way of background, this investigation is based on a May 4, 2015 complaint filed by Global Cash Access, Inc. of Las Vegas, Nevada alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines ("ATMs") and point-of-sale ("POS") devices and associated software thereof, that infringe one or more claims of U.S. Patent No. 6,081,792.  The complaint further alleges violations of Section 337 based upon the importation into the U.S., the sale for importation, and the sale within the United States after importation of certain automated teller machines and point of sale devices and associated software thereof by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States.  See our May 15, 2015 and June 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Shaw Grants Motion To Terminate Investigation In Certain Formatted Magnetic Data Storage Tapes (337-TA-931)

By Eric Schweibenz
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Jun
29
On June 29, 2015, ALJ David P. Shaw issued Order No. 19 in Certain Formatted Magnetic Data Storage Tapes and Cartridges Containing the Same (Inv. No. 337-TA-931).

By way of background, this investigation is based on an August 22, 2014 complaint and a September 8, 2014 supplement to the complaint filed by Advanced Research Corp. ("ARC") alleging violation of Section 337 in the importation into the U.S. and sale of certain formatted magnetic data storage tapes and cartridges containing the same that infringe one or more claims of U.S. Patent Nos. 7,525,761; 7,948,705; 8,254,052; 8,437,103; and 8,542,457.  See our August 25, 2014 and September 25, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Essex Sets 16-Month Target Date In Certain Touchscreen Controllers (337-TA-957)

By Eric Schweibenz
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Jun
30
On June 30, 2015, ALJ Theodore R. Essex issued Order No. 3 in Certain Touchscreen Controllers and Products Containing the Same (Inv. No. 337-TA-957).

By way of background, this investigation is based on an April 21, 2015 complaint filed by Synaptics Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain touchscreen controllers and products containing the same, e.g., smart phones, that infringe one or more claims of U.S. Patent Nos. 7,868,874; 8,338,724; 8,558,811; and 8,952,916.  See our April 24, 2015 and May 1, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Bullock Grants Motion To Terminate As To Fortune Dynamic In Certain Footwear Products (337-TA-936)

By Eric Schweibenz
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Jul
01
On June 29, 2015, Chief ALJ Charles E. Bullock issued the public version of Order No. 128 in Certain Footwear Products (Inv. No. 337-TA-936).

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 Nos. 4,398,753; 3,258,103; and 1,588,960.  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.

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ALJ Pender Rules On Motion In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
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Jul
06
On June 11, 2015, ALJ Thomas B. Pender issued the public version of Order No. 23 (dated June 3, 2015) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA/928/937).  Please note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our August 1, 2014, August 28, 2014, October 16, 2014, and November 19, 2014 posts for more details on the complaints and Notices of Investigation in the 928 and 937 investigations.  On December 9, 2014, ALJ Pender consolidated the 928 and 937 investigations.  See our December 15, 2014 post for more details.

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ALJ Pender Terminates Investigation As To Federal-Mogul In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
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Jul
07
On June 5, 2015, ALJ Thomas B. Pender issued the public version of Order No. 24 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our August 1, 2014, August 28, 2014, October 16, 2014, and November 19, 2014 posts for more details on the complaints and Notices of Investigation in the 928 and 937 investigations.  On December 9, 2014, ALJ Pender consolidated the 928 and 937 investigations.  See our December 15, 2014 post for more details.

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ALJ Pender Rules On Summary Determination Motion In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
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Jul
09
On June 19, 2015, ALJ Thomas B. Pender issued the public version of Order No. 25 (dated June 11, 2015) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our August 1, 2014, August 28, 2014, October 16, 2014, and November 19, 2014 posts for more details on the complaints and Notices of Investigation in the 928 and 937 investigations.  On December 9, 2014, ALJ Pender consolidated the 928 and 937 investigations.  See our December 15, 2014 post for more details.

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ALJ Pender Rules On Summary Determination Motions In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
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Jul
15
ALJ Thomas B. Pender issued Order No. 27 (dated June 23, 2015), Order No. 29 (dated June 24, 2015), Order No. 30 (dated June 25, 2015), Order No. 31 (dated June 30, 2015), and Order No. 32 (dated June 30, 2015) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively, "Valeo") alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our August 1, 2014, August 28, 2014, October 16, 2014, and November 19, 2014 posts for more details on the complaints and Notices of Investigation in the 928 and 937 investigations.  On December 9, 2014, ALJ Pender consolidated the 928 and 937 investigations.  See our December 15, 2014 post for more details.

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ALJ Pender Sets 19-Month Target Date In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
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Jul
21
On July 20, 2015, ALJ Thomas B. Pender issued Order No. 10 in Certain Audio Processing Hardware And Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. ("Andrea") alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Lord Terminates Investigation Based On Lack Of Standing In Certain Optical Disc Drives (337-TA-897)

By Eric Schweibenz
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Jul
22
On June 5, 2015, ALJ Dee Lord issued the heavily redacted public version of the Initial Determination ("ID") dated April 27, 2015 in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897) terminating the investigation based on Complainant's lack of standing.

By way of background, the investigation in this case is based on a September 3, 2013 complaint filed by Optical Devices, LLC ("Optical") alleging violation of Section 337 in the importation into the U.S. and sale of certain optical disc drives, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,904,007; 7,196,979; 8,416,651; RE40,927; RE42,913; and RE43,681.  See our September 6, 2013 and October 23, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Bullock Grants Motion To Terminate Investigation And Denies Request For Non-Disclosure Of Settlement Terms To Non-Settling Party In Certain Protective Cases For Electronic Devices (337-TA-955)

By Eric Schweibenz
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Jul
23
On July 22, 2015, Chief ALJ Charles E. Bullock issued Order No. 9 in Certain Protective Cases For Electronic Devices and Components Thereof (Inv. No. 337-TA-955).

By way of background, this investigation is based on a March 11, 2015 complaint filed by Otter Products, LLC ("Otter") alleging violation of Section 337 in the importation into the U.S. and sale of certain protective cases for electronic devices that infringe one or more claims of U.S. Patent Nos. 8,792,232 and 8,976,512.  See our March 13, 2015 and April 30, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Bullock Grants Motion To Terminate As To CMerit USA In Certain Footwear Products (337-TA-936)

By Eric Schweibenz
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Jul
24
On July 23, 2015, Chief ALJ Charles E. Bullock issued the public version of Order No. 134 in Certain Footwear Products (Inv. No. 337-TA-936).

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 Nos. 4,398,753; 3,258,103; and 1,588,960. 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.

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ALJ Pender Sets 16-Month Target Date In Certain Lip Balm Products (337-TA-961)

By Eric Schweibenz
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Jul
27
On July 27, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof (Inv. No. 337-TA-961).

By way of background, this investigation is based on a June 12, 2015 complaint filed by eos Products, LLC and The Kind Group LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain lip balm products, containers for lip balm, and components thereof that infringe one or more claims of U.S. Patent No. 8,888,391.  See our June 15, 2015 and July 14, 2015 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 VIII Products (337-TA-956)

By Eric Schweibenz
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Jul
28
On July 23, 2015, ALJ Dee Lord issued Order No. 7 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 (collectively, "Baxter") 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.

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