ALJ Orders

ALJ Bullock Sets Procedural Schedule In Certain Electronic Devices Containing Strengthened Glass (337-TA-981)

By Eric Schweibenz
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Feb
17
On February 11, 2016, Chief ALJ Charles E. Bullock issued Order No. 4 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 Issues Claim Construction Order In Certain Table Saws Incorporating Active Injury Mitigation Technology (337-TA-965)

By Eric Schweibenz
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Feb
18
On February 10, 2016, ALJ Thomas B. Pender issued Order No. 7 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 Shaw Sets Procedural Schedule In Certain Laser-Driven Light Sources (337-TA-983)

By Eric Schweibenz
|
Feb
19
On February 18, 2016, ALJ David P. Shaw issued Order No. 7 in Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same (Inv. No. 337-TA-983).

By way of background, this investigation is based on a December 15, 2015 complaint filed by Energetiq Technology, Inc. of Woburn, Massachusetts alleging violation of Section 337 in the importation into the U.S. and sale of certain laser-driven light sources, subsystems containing laser-driven light sources, and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,969,841; 9,048,000; and 9,185,786.  See our December 15, 2015 and January 25, 2016 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Essex Sets 15-Month Target Date In Certain RF Capable Integrated Circuits (337-TA-982)

By Eric Schweibenz
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Feb
25
On February 25, 2016, ALJ Theodore R. Essex issued Order No. 4 in Certain RF Capable Integrated Circuits and Products Containing the Same (Inv. No. 337-TA-982).

By way of background, this investigation is based on a December 15, 2015 complaint filed by ParkerVision, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain radio frequency (“RF”) capable integrated circuits, including RF receivers, RF transmitters, RF transceivers, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,879,817; 7,929,638; 8,571,135; and 9,118,528.  See our December 15, 2015 and January 21, 2016 posts for more details on the complaint and the notice of investigation, respectively.
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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.
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ALJ Pender Grants Motion To Terminate Investigation As To Lenovo In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Feb
29
On February 23, 2016, ALJ Thomas B. Pender issued Order No. 36 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 Denies Motion To Compel In Certain Automated Teller Machines (337-TA-972)

By Eric Schweibenz
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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.
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ALJ Shaw Denies Motions To Quash Third-Party Subpoenas In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Mar
04
On February 24, 2016, ALJ David P. Shaw issued Order No. 13 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 Essex Grants Motion For Summary Determination On Domestic Industry (Economic Prong) In Certain Resealable Packages With Slider Devices (337-TA-962)

By Eric Schweibenz
|
Mar
07
On February 23, 2016, ALJ Theodore R. Essex issued Order No. 8 (originally dated February 11, 2016) in Certain Resealable Packages With Slider Devices (Inv. No. 337-TA-962).

By way of background, this investigation is based on a June 17, 2015 complaint filed by Reynolds Presto Products Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain resealable packages with slider devices that infringe one or more claims of U.S. Patent Nos. 6,427,421; 6,524,002; and 7,311,443.  See our June 17, 2015 and July 17, 2015 posts for more details on the complaint.
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ALJ Pender Grants Motion To Terminate Investigation As To Conexant Systems In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Mar
08
On March 7, 2016, ALJ Thomas B. Pender issued Order No. 37 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 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.
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ALJ Essex Grants Motion To Terminate Investigation In Certain Surgical Stapler Devices (337-TA-985)

By Eric Schweibenz
|
Mar
17
On March 10, 2016, ALJ Theodore R. Essex issued Order No. 4 in Certain Surgical Stapler Devices and Components Thereof (Inv. No. 337-TA-985).

By way of background, this investigation is based on a January 8, 2016 complaint filed by Covidien LP alleging violation of Section 337 in the importation into the U.S. and sale of certain surgical stapler devices and components thereof that infringe one or more claims of U.S. Patent Nos. 6,669,073; 8,342,377; and 6,079,606.  See our January 8, 2016 and February 10, 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 Toshiba In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Mar
22
On March 18, 2016, ALJ Thomas B. Pender issued Order No. 39 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 Rules On Discovery Related Motions In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Mar
29
On March 15, 2016, ALJ David P. Shaw issued the public version of Order No. 14 (dated March 8, 2016) granting-in-part Respondents Valeo North America, Inc. and Delmex de Juarez S. de R.L. de C.V.’s (collectively, “Valeo”) motion to compel 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 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 Shaw Grants-In-Part Motion to Strike Portions Of Expert Report In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Apr
05
On April 4, 2016, ALJ David P. Shaw issued the public version of Order No. 17 (dated March 31, 2016) granting-in-part Respondents Valeo North America, Inc. and Delmex de Juarez S. de R.L. de C.V.’s (collectively, “Valeo”) motion to strike portions of the initial expert report of William O. Kerr 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 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 Shaw Rules On Motions To Strike In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Apr
22
On April 20, 2016, ALJ David P. Shaw issued Order No. 20 granting-in-part Respondents Valeo North America, Inc. and Delmex de Juarez S. de R.L. de C.V.’s (collectively, “Valeo”) and Trico Products Corporation’s (“Trico”) various motions to strike 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 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 Shaw Rules On Motions For Summary Determination In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Apr
25
On April 20, 2016, ALJ David P. Shaw issued Order No. 21 denying Complainant Trico Products Corporation’s (“Trico”) motions for summary determination 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 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 Shaw Issues Procedural Schedule In Certain Automated Teller Machines (337-TA-989)

By Eric Schweibenz
|
May
02
On May 2, 2016, ALJ David P. Shaw issued Order No. 5 in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-989).

By way of background, this investigation is based on a February 9, 2016 complaint filed by Nautilus Hyosung Inc. and Nautilus Hyosung America Inc. 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. 7,891,551; 7,950,655; 8,152,165; and 8,523,235.  See our February 9, 2016 and March 10, 2016 posts for more details on the complaint.
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ALJ Pender Sets 16-Month Target Date In Certain Height-Adjustable Desk Platforms (337-TA-992)

By Eric Schweibenz
|
May
04
On May 4, 2016, ALJ Thomas B. Pender issued Order No. 3 in Certain Height-Adjustable Desk Platforms and Components Thereof (Inv. No. 337-TA-992).

By way of background, this investigation is based on a March 18, 2016 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 Nos. 9,113,703 and 9,277,809.  See our March 18, 2016 and April 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Sets Procedural Schedule In Certain Pumping Bras (337-TA-988)

By Eric Schweibenz
|
May
09
On May 5, 2016, ALJ Thomas B. Pender issued Order No. 4 in Certain Pumping Bras (Inv. No. 337-TA-988).

By way of background, this investigation is based on a February 5, 2016 complaint filed by Simple Wishes, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain pumping bras that infringe one or more claims of U.S. Patent Nos. 8,323,070 and 8,192,247.  See our February 5, 2016 and March 9, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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