ALJ Orders

ALJ Bullock Sets Revised Procedural Schedule In Certain Document Cameras And Software (337-TA-967)

By Eric Schweibenz
|
Dec
14
On December 9, 2015, Chief ALJ Charles E. Bullock issued Order No. 14 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 post for more details on this investigation.
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ALJ McNamara Sets 16-Month Target Date In Certain Aquarium Fittings (337-TA-974)

By Eric Schweibenz
|
Dec
18
On December 11, 2015, ALJ MaryJoan McNamara issued Order No. 2 in Certain Aquarium Fittings and Parts Thereof (Inv. No. 337-TA-974).

By way of background, this investigation is based on a November 6, 2015 complaint filed by Hydor USA Inc. of Sacramento, California alleging violation of Section 337 in the importation into the U.S. and sale of certain aquarium fittings and parts thereof that infringe one or more claims of U.S. Patent No. 8,191,846.  See our November 6, 2015 and December 8, 2015 posts for more details on the complaint and Notice of Investigation respectively.
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ALJ Pender Denies Trico Motion To Declassify Confidential Business Information In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Dec
24
On December 1, 2015, ALJ Thomas B. Pender issued the public version of Order No. 42 (dated November 18, 2015) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please further 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 by Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) 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, November 19, 2014, December 15, 2014, July 7, 2015, and November 25, 2015 posts for more details on this investigation.
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ALJ Shaw Denies Ericsson’s Motion for Summary Determination in Certain Electronic Devices (337-TA-952)

By Eric Schweibenz
|
Jan
01
On December 10, 2015, ALJ David P. Shaw issued the public version of Order No. 44 (dated November 19, 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 (collectively, “the Asserted Patents”).  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 Denies Apple’s Motion for Summary Determination in Certain Electronic Devices (337-TA-952)

By Eric Schweibenz
|
Jan
04
On December 10, 2015, ALJ David P. Shaw issued the public version of Order No. 45 (dated November 19, 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 (collectively, “the Asserted Patents”).  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 McNamara Rules On Motions To Compel In Certain Touchscreen Controllers (337-TA-957)

By Eric Schweibenz
|
Jan
05
On December 15 and 16, 2015, ALJ MaryJoan McNamara issued Order Nos. 17 and 18, respectively, 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 Essex Sets Procedural Schedule In Certain Height-Adjustable Desk Platforms (337-TA-970)

By Eric Schweibenz
|
Jan
06
On January 5, 2016, ALJ Theodore R. Essex issued Order No. 5 in Certain Height-Adjustable Desk Platforms and Components Thereof (Inv. No. 337-TA-970).

By way of background, this investigation is based on an October 2, 2015 complaint filed by Varidesk LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain height-adjustable desk platforms and components thereof that infringe one or more claims of U.S. Patent No. 9,113,703.  See our October 7, 2015 and November 5, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets Procedural Schedule In Certain Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
|
Jan
13
On January 5, 2016, ALJ Thomas B. Pender issued Order No. 4 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 Lord Terminates Investigation As To RN Ventures In Certain Electric Skin Care Devices (337-TA-959)

By Eric Schweibenz
|
Jan
14
On January 12, 2016, ALJ Dee Lord issued Order No. 36 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.
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ALJ Lord Sets Procedural Schedule In Certain Automated Teller Machines (337-TA-972)

By Eric Schweibenz
|
Jan
15
On January 12, 2016, ALJ Dee Lord issued Order No. 5 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 Shaw Denies Motion To Terminate Investigation Due To Lack Of Standing In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Jan
18
On January 14, 2016, ALJ David P. Shaw issued the public version of Order No. 12 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. (“Trico”) 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 (“the ‘925 patent”) and 6,799,348 (“the ‘348 patent”).  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 Grants Motion To Terminate Investigation As To Hewlett Packard In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Jan
19
On January 12, 2016, ALJ Thomas B. Pender issued Order No. 30 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 Essex Grants Motion To Terminate Investigation In Certain Rack Mountable Power Distribution Units (337-TA-980)

By Eric Schweibenz
|
Jan
22
On January 12, 2016, ALJ Theodore R. Essex issued Order No. 1 in Certain Rack Mountable Power Distribution Units (Inv. No. 337-TA-980).

By way of background, this investigation is based on a December 8, 2015 complaint filed by Server Technology, Inc. of Reno, Nevada (“STI”) alleging violation of Section 337 in the importation into the U.S. and sale of certain rack mountable power distribution units that infringe one or more claims of U.S. Patent Nos. 7,162,521; 7,400,493; 7,414,329; 7,447,002; 7,567,430; 7,706,134; 8,541,906; 8,541,907; 8,601,291; and 8,694,272.  See our December 11, 2015 and January 11, 2016posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Denies Motion To Compel Depositions In The United States In Certain Activity Tracking Devices (337-TA-963)

By Eric Schweibenz
|
Jan
26
On January 13, 2016, ALJ Dee Lord issued Order No. 22 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.
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ALJ Pender Grants Motion To Terminate Remand Investigation With Respect To Certain Obsolete Products In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Jan
27
On January 11, 2016, ALJ Thomas B. Pender issued Order No. 43 in the remand proceeding of Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please further 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 by Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our October 16, 2014, November 19, 2014, November 25, 2015, and December 31, 2015 posts for more details on this investigation.
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ALJ Lord Denies Joint Motion To Terminate Investigation In Certain Wireless Standard Compliant Electronic Devices (337-TA-953)

By Eric Schweibenz
|
Jan
28
On January 12, 2016, ALJ Dee Lord issued Order No. 43 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.  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 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.
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ALJ Bullock Sets 16-Month Target Date In Certain Electronic Devices Containing Strengthened Glass (337-TA-981)

By Eric Schweibenz
|
Feb
03
On February 1, 2016, Chief ALJ Charles E. Bullock issued Order No. 3 in Certain Electronic Devices Containing Strengthened Glass and Packaging Thereof (Inv. No. 337-TA-981).

By way of background, this investigation is based on a November 10, 2015 complaint and December 24, 2015 amended complaint filed by Saxon Glass Technologies, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain electronic devices containing strengthened glass and packaging thereof that infringe Saxon’s IONEX trademark, as shown in U.S. Trademark Registration No. 2,639,419, and Saxon’s common law rights in the IONEX mark.  See our November 10, 2015 and January 12, 2016 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 ASUSTeK Respondents In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Feb
08
On February 4, 2016, ALJ Thomas B. Pender issued Order No. 33 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 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.
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