ALJ Orders

ALJ Pender Terminates Investigation In Certain Lip Balm Products (337-TA-961)

By Eric Schweibenz
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Oct
15
On September 28, 2015, ALJ Thomas B. Pender issued Order No. 12 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 (collectively, the "Complainants") 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 Pender Sets Procedural Schedule In Certain Table Saws Incorporating Active Injury Mitigation Technology (337-TA-965)

By Eric Schweibenz
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Oct
15
On October 1, 2015, ALJ Thomas B. Pender issued Order No. 4 in Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof (Inv. No. 337-TA-965).

By way of background, this investigation is based on a July 16, 2015 complaint filed by SawStop, LLC and SD3, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain certain table saws incorporating active injury mitigation technology and components thereof that infringe one or more claims of U.S. Patent Nos. 7,225,712; 7,600,455; 7,610,836; 7,895,927; 8,011,279; and 8,191,450.  See our July 16, 2015 and August 28, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Rules On Motion To Compel In Certain Light-Emitting Diode Products (337-TA-947)

By Eric Schweibenz
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Oct
16
On October 6, 2015, ALJ MaryJoan McNamara issued the public version of Order No. 28 (dated September 15, 2015) in Certain Light-Emitting Diode Products and Components Thereof (Inv. No. 337-TA-947).

By way of background, this investigation is based on a January 12, 2015 complaint filed by Cree, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain light-emitting diode products and components thereof that infringe one or more claims of U.S. Patent Nos. 6,657,236; 6,885,036; 6,614,056; 7,312,474; 7,976,187; 8,766,298; 8,596,819; and 8,628,214.  See our March 19, 2015 post for more details on the Notice of Investigation.
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ALJ Shaw Sets Procedural Schedule In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Oct
19
On October 15, 2015, ALJ David P. Shaw issued Order No. 7 in Certain Windscreen Wipers and Components Thereof (Inv. No. 337-TA-964).  Please note that Oblon represents the Respondents in this matter.

By way of background, this investigation is based on a July 20, 2015 complaint filed by Trico Products Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain windscreen wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 6,836,925 and 6,799,348.  See our July 20, 2015 and August 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Rules On Motion To Strike Expert Report In Certain Lithium Metal Oxide Cathode Materials (337-TA-951)

By Eric Schweibenz
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Oct
21
On October 2, 2015, ALJ Thomas B. Pender issued the public version of Order No. 22 (dated September 24, 2015) in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, and Power Tool Products with Lithium-Ion Batteries Containing Same (Inv. No. 337-TA-951).

By way of background, this investigation is based on a February 20, 2015 complaint filed by BASF Corp. and UChicago Argonne LLC (collectively, the "Complainants") alleging violation of Section 337 in the importation into the U.S., sale for importation, and/or sale within the U.S. after importation of certain lithium metal oxide cathode materials, lithium-ion batteries containing same, and products with lithium-ion batteries containing same that infringe one or more claims of U.S. Patent Nos. 6,677,082 and 6,680,143.  See our February 23, 2015 and April 1, 2015 posts for more details on the complaint and notice of investigation, respectively.
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ALJ McNamara Grants Motions To Terminate Investigation In Certain Laser Abraded Denim Garments (337-TA-930)

By Eric Schweibenz
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Oct
21
On October 20, 2015, ALJ MaryJoan McNamara issued Order Nos. 105 and 106 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 (collectively, "Complainants") 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 Essex Grants Joint Motion To Terminate Investigation In Certain Electronic Products (337-TA-950)

By Eric Schweibenz
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Oct
26
On October 26, 2015, ALJ Theodore R. Essex issued Order No. 14in Certain Electronic Products, Including Products with Near Field Communication (“NFC”) System-Level Functionality and/or Battery Power-Up Functionality, Components Thereof, and Products Containing Same (Inv. No. 337-TA-950).

By way of background, this investigation is based on a February 6, 2015 complaint filed by NXP B.V. and NXP Semiconductors USA, Inc. (collectively, “NXP”) alleging violation of Section 337 in the importation into the U.S. and sale of certain electronic products, including products with near field communication system-level functionality and/or battery power-up functionality, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 7,412,230; 8,280,304; 8,065,389; 8,204,959; 8,412,185; and 6,590,365.  See our February 17, 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 As To Adesso In Certain Document Cameras And Software (337-TA-967)

By Eric Schweibenz
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Oct
27
On October 27, 2015, ALJ Dee Lord issued Order No. 5 in Certain Document Cameras And Software For Use Therewith (Inv. No. 337-TA-967).

By way of background, the investigation is based on an August 20, 2015 complaint filed by Pathway Innovations & Technologies, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain document cameras and software for use therewith that infringe one or more claims of U.S. Patent Nos. D647,906; D674,389; 8,508,751; and D715,300.  See our September 24, 2015 postfor more details on this investigation.
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ALJ Shaw Denies Motion to Compel in Certain Electronic Devices (337-TA-952)

By Eric Schweibenz
|
Oct
28
On September 30, 2015, ALJ David P. Shaw issued the public version of Order No. 30 (dated September 17, 2015) in Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras (Inv. No. 337-TA-952).

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. of Section 337 in the importation into the U.S. and sale of certain electronic devices, including wireless communication devices, computers, tablet computers, and digital media players that infringe one or more claims of U.S. Patent Nos. 6,633,550, 6,157,620, 6,029,052, 8,812,059, 6,291,966, and 6,122,263.  See our March 2, 2015 and April 2, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Grants Apple’s Motion For Entry Of A Protective Order And Orders Parties To Refile Discovery Motions In Certain Wireless Standard Compliant Electronic Devices (337-TA-953)

By Eric Schweibenz
|
Oct
29
On October 16, 2015, ALJ Dee Lord issued the public version of Order No. 28 granting Apple’s Motion for a protective order and ordering the parties to refile discovery motions in Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers (Inv. No. 337-TA-953).

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 (collectively, “the asserted patents”).  See our March 3, 2015 and April 3, 2015 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Shaw Rules On Motion to Compel in Certain Electronic Devices (337-TA-952)

By Eric Schweibenz
|
Oct
30
On October 8, 2015, ALJ David P. Shaw issued the public version of Order No. 31 (dated September 22, 2015) in Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras (Inv. No. 337-TA-952).

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. of Section 337 in the importation into the U.S. and sale of certain electronic devices, including wireless communication devices, computers, tablet computers, and digital media players that infringe one or more claims of U.S. Patent Nos. 6,633,550, 6,157,620, 6,029,052, 8,812,059, 6,291,966, and 6,122,263.  See our March 2, 2015 and April 2, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets 15.5-Month Target Date In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Nov
16
On November 10, 2015, ALJ David P. Shaw issued Order No. 5 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 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.
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ALJ Pender Sets 16-Month Target Date In Certain Blood Cholesterol Test Strips (337-TA-969)

By Eric Schweibenz
|
Nov
19
On November 10, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Blood Cholesterol Test Strips and Associated Systems Containing Same (Inv. No. 337-TA-969).

By way of background, this investigation is based on an October 2, 2015 complaint filed by Polymer Technology Systems, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain blood cholesterol test strips and associated systems containing same that infringe one or more claims of U.S. Patent No. 7,087,397.  See our October 6, 2015 and November 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets Procedural Schedule In Certain Blood Cholesterol Test Strips (337-TA-969)

By Eric Schweibenz
|
Nov
27
On November 25, 2015, ALJ Thomas B. Pender issued Order No. 6 in Certain Blood Cholesterol Test Strips and Associated Systems Containing Same (Inv. No. 337-TA-969).

By way of background, this investigation is based on an October 2, 2015 complaint filed by Polymer Technology Systems, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain blood cholesterol test strips and associated systems containing same that infringe one or more claims of U.S. Patent No. 7,087,397.  See our October 6, 2015 and November 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Grants Motion To Terminate Investigation As To Acer Respondents In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Nov
30
On November 25, 2015, ALJ Thomas B. Pender issued Order No. 24 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 Shaw Sets Procedural Schedule In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Dec
01
On November 25, 2015, ALJ David P. Shaw issued Order No. 8 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 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.
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ALJ Essex Issues Claim Construction Order in Certain Variable Valve Actuation Devices (337-TA-954)

By Eric Schweibenz
|
Dec
02
On October 26, 2015, ALJ Theodore R. Essex issued the public version of Order No. 9 (dated October 8, 2015) construing terms of the asserted patent claims in Certain Variable Valve Actuation Devices and Automobiles Containing the Same (Inv. No. 337-TA-954).

By way of background, this investigation is based on a March 10, 2015 complaint filed by Jacobs Vehicle Systems Inc. (“JVS”) naming as respondents FCA US LLC, FCA Mexico, S.A. de C.V., FCA Melfi S.p.A., FCA Serbia d.o.o. Kragujevac, and Fiat Chrysler Automobiles N.C. (collectively, “FCA”). The complaint alleges violations of Section 337 in the importation into the U.S. and sale of variable valve actuation devices and automobiles containing the same that infringe one or more claims of U.S. Patent Nos. 5,829,397; 6,474,277 (the ’277 patent); 6,883,492; 7,059,282 (the ’282 patent); 8,776,738; and 8,820,276 (the ’276 patent).  See our March 16, 2015 and April 13, 2015 posts for more details on the complaint and notice of investigation, respectively.  A Markman hearing was held on August 25, 2015 regarding the interpretation of certain claim terms of the ’277 patent, ’282 patent, and ’276 patent.
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ALJ Lord Sets 16-Month Target Date In Certain Automated Teller Machines (337-TA-972)

By Eric Schweibenz
|
Dec
07
On December 7, 2015, ALJ Dee Lord issued Order No. 4 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 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.
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ALJ Pender Sets 16-Month Target Date In Certain Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
|
Dec
09
On December 8, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973).

By way of background, this investigation is based on a November 2, 2015 complaint filed by Fitbit, Inc. 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 U.S. Patent Nos. 8,920,332; 8,868,377; and 9,089,760.  See our November 2, 2015 and December 3, 2015 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 Air Mattress Systems (337-TA-971)

By Eric Schweibenz
|
Dec
10
On December 9, 2015, Chief ALJ Charles E. Bullock issued Order No. 3 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 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.
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