ALJ Orders

ALJ Pender Strikes New Invalidity Contentions In Certain Table Saws (337-TA-965)

By Eric Schweibenz
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May
25
On May 16, 2016, ALJ Thomas B. Pender issued Order No. 16 granting Complainants SawTop, LLC and SD3, LLC’s (collectively, “SawTop”) emergency motion to strike new invalidity contentions from Respondent Robert Bosch Gmbh and Robert Bosch Tool Corporation’s (collectively, “Bosch”) 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 Bullock Consolidates Investigation Nos. 337-TA-990 and 337-TA-1004

By Eric Schweibenz
|
Jun
14
On June 9, 2016, Chief ALJ Charles E. Bullock issued Order No. 3 consolidating the investigations in Certain Mobile Electronic Devices Incorporating Haptics (Including Smartphones and Smartwatches) and Components Thereof (Inv. No. 337-TA-990) and Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof (Inv. No. 337-TA-1004).

By way of background, the 337-TA-990 Investigation was instituted in March of this year based on a complaint filed by Immersion Corp. (“Immersion”) alleging violation of Section 337 by Apple Inc. (“Apple”), AT&T Inc. (“AT&T”), and AT&T Mobility LLC (“AT&T Mobility”) in the importation into the U.S. and sale of certain mobile electronic devices incorporating haptics (including smartphones and smartwatches) and components thereof that infringe one or more claims of U.S. Patent Nos. 8,773,356; 8,619,051; and 8,659,571.  See our February 11, 2016 and March 25, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Terminates Investigation In Certain Automated Teller Machines And Point Of Sale Devices (337-TA-958)

By Eric Schweibenz
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Jun
17
On June 2, 2016, Chief ALJ Charles E. Bullock issued Order No. 19 in Certain Automated 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 complaint filed by Global Cash Access, Inc. (now called Everi Payments Inc., or “Everi”) alleging violation of Section 337 by Respondents NRT Technology Corp. and NRT Technologies, Inc. (collectively, “NRT”) in the importation and sale of certain automated teller machines and point-of-sale devices and associated software that infringe one or more claims of the ‘792 patent. 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 Bullock Sets 14-Month Target Date In Certain Quartz Slabs (337-TA-996)

By Eric Schweibenz
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Jun
20
On June 4, 2016, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Quartz Slabs and Portions Thereof (Inv. No. 337-TA-996).

By way of background, this investigation is based on an April 14, 2016 complaint filed by Cambria Company LLC of Belle Plaine, Minnesota alleging violation of Section 337 in the importation into the U.S. and sale of certain quartz slabs and portions thereof that infringe one or more claims of U.S. Patent Nos. D712,670; D713,154; D737,058; D737,576; D737,577; and D738,630.  See our April 14, 2016 and May 13, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Sets 18-Month Target Date In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-997)

By Eric Schweibenz
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Jun
21
On June 2, 2016, ALJ MaryJoan McNamara issued Order No. 2 in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-997).

By way of background, this investigation is based on an April 14, 2016 complaint filed by ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia alleging violation of Section 337 in the importation into the U.S. and sale of certain sleep-disordered breathing treatment systems and components thereof that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. RE44,453; 8,020,551; 8,006,691; and 9,072,860.  See our April 15, 2016 and May 16, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Suspends Investigation In Certain Carbon and Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
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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.
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ALJ Shaw Sets 15-Month Target Date In Certain Magnetic Data Storage Tapes (337-TA-1012)

By Eric Schweibenz
|
Jul
12
On July 5, 2016, ALJ David P. Shaw issued Order No. 3 in Certain Magnetic Data Storage Tapes and Cartridges Containing Same (Inv. No. 337-TA-1012).

By way of background, this investigation is based on a May 27, 2016 complaint filed by FujiFilm Corporation and FujiFilm Recording Media U.S.A., 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 magnetic data storage tapes and cartridges containing the same that infringe one or more claims of U.S. Patent Nos. 6,641,891; 6,703,106; 6,703,101; 6,767,612; 8,236,434; and 7,355,805.  See our May 31, 2016 and July 8, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets 15-Month Target Date In Certain Personal Transporters (337-TA-1007)

By Eric Schweibenz
|
Jul
13
On July 7, 2016, ALJ David P. Shaw issued Order No. 4 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007).

By way of background, this investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. 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 personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway.  See our May 18, 2016 and June 28, 2016 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 Passenger Vehicle Automotive Wheels (337-TA-1006)

By Eric Schweibenz
|
Jul
14
On July 8, 2016, ALJ Thomas B. Pender issued Order No. 4 in Certain Passenger Vehicle Automotive Wheels (Inv. No. 337-TA-1006).

By way of background, this investigation is based on an April 11, 2016 complaint filed by Daimler AG of Germany (“Daimler”) 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 passenger vehicle automotive wheels that infringe various design patents and trademarks owned by Daimler.  See our April 11, 2016 and June 16, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Grants Motion To Terminate Investigation As To Better Enterprise Co. In Certain Overflow And Drain Assemblies For Bathtubs (337-TA-993)

By Eric Schweibenz
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Jul
15
On July 11, 2016, ALJ Theodore R. Essex issued Order No. 6 in Certain Overflow And Drain Assemblies For Bathtubs and Components Thereof (Inv. No. 337-TA-993).

By way of background, this investigation is based on an April 4, 2016 complaint filed by WCM Industries, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain overflow and drain assemblies for bathtubs and components thereof that infringe one or more claims of U.S. Patent Nos. 8,302,220; 8,321,970; 8,584,272; and 9,200,436.  See our April 4, 2016 and May 3, 2016 posts for more details on the complaint.
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ALJ Essex Sets 16-Month Target Date In Certain L-Tryptophan (337-TA-1005)

By Eric Schweibenz
|
Jul
18
On July 14, 2016, ALJ Theodore R. Essex issued Order No. 4 in Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production (Inv. No. 337-TA-1005).

By way of background, this investigation is based on a May 10, 2016 complaint filed by Ajinomoto Co., Inc. and Ajinomoto Heartland 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 L-tryptophan and L-tryptophan products that infringe one or more claims of U.S. Patent Nos. 7,666,655 and 6,180,373.  See our May 10, 2016 and June 13, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Grants Motion To Terminate Investigation As To Buywish In Certain Pumping Bras (337-TA-988)

By Eric Schweibenz
|
Jul
19
On July 14, 2016, ALJ Theodore R. Essex issued Order No. 9 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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ALJ Pender Issues Claim Construction Order In Certain Computing Or Graphics Systems (337-TA-984)

By Eric Schweibenz
|
Jul
21
On July 15, 2016, ALJ Thomas B. Pender issued Order No. 42 construing disputed terms of the asserted patents in Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same (Inv. No. 337-TA-984).

By way of background, this investigation is based on a December 28, 2015 complaint filed by Advanced Silicon Technologies LLC (“AST”) alleging violation of Section 337 in the importation and sale of certain computing or graphics systems, components thereof, and vehicles containing same that infringe one or more claims of U.S. Patent Nos. 6,339,428 (“the ’428 patent”); 6,546,439; (“the ’439 patent); 6,630,935; (“the ’935 patent”); and 8,933,945 (“the ’945 patent”).  See our December 29, 2015 and January 29, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Grants Motion To Terminate Investigation As To LG Electronics U.S.A., Inc. In Certain RF Capable Integrated Circuits (337-TA-982)

By Eric Schweibenz
|
Jul
27
On July 25, 2016, ALJ Theodore R. Essex issued Order No. 9 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 Essex Sets 15-Month Target Date In Certain Carbon Spine Board, Cervical Collar And Various Medical Training Manikin Devices (337-TA-1008)

By Eric Schweibenz
|
Jul
28
On July 28, 2016, ALJ Theodore R. Essex issued Order No. 3 in Certain Carbon Spine Board, Cervical Collar And Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof (Inv. No. 337-TA-1008).

By way of background, this investigation is based on a March 21, 2016 complaint, a May 18, 2016 amended complaint, and a June 7, 2016 supplement to the amended complaint filed by Laerdal Medical Corp. of Wappingers Falls, New York and Laerdal Medical AS of Norway 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 carbon spine board, cervical collar, and various medical training manikin devices, and accompanying product catalogs, product inserts, literature, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,090,058 and 6,170,486 and/or certain copyrights, trade dress rights, and trademarks.  See our March 21, 2016 and June 29, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Sets Procedural Schedule In Certain Air Mattress Bed Systems (337-TA-999)

By Eric Schweibenz
|
Jul
29
On July 28, 2016, ALJ Theodore R. Essex issued Order No. 4 in Certain Air Mattress Bed Systems and Components Thereof (Inv. No. 337-TA-999).

By way of background, this investigation is based on an April 20, 2016 complaint filed by Select Comfort Corporation of Minneapolis, Minnesota and Select Comfort SC Corporation of Greenville, South Carolina alleging violation of Section 337 in the importation into the U.S. and sale of certain air mattress bed systems and components thereof that infringe one or more claims of U.S. Patent Nos. 6,804,848 and 7,389,554. See our April 20, 2016 and May 23, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Sets Procedural Schedule In Certain L-Tryptophan (337-TA-1005)

By Eric Schweibenz
|
Aug
02
On August 2, 2016, ALJ Theodore R. Essex issued Order No. 5 in Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production (Inv. No. 337-TA-1005).

By way of background, this investigation is based on a May 10, 2016 complaint filed by Ajinomoto Co., Inc. and Ajinomoto Heartland 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 L-tryptophan and L-tryptophan products that infringe one or more claims of U.S. Patent Nos. 7,666,655 and 6,180,373.  See our May 10, 2016 and June 13, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Terminates Investigation In Certain Inkjet Printers, Printheads, And Ink Cartridges (337-TA-1011)

By Eric Schweibenz
|
Aug
03
On August 1, 2016, Chief ALJ Charles E. Bullock issued Order Nos. 5 and 6 in Certain Inkjet Printers, Printheads, And Ink Cartridges, Components Thereof, and Products Containing Same (Inv. No. 337-TA-1011).

By way of background, this investigation is based on a May 27, 2016 complaint filed by HP Inc. of (“HP”) Palo Alto, California 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 inkjet printers, printheads, ink cartridges, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,270,201; 6,491,377; 6,260,952; 7,004,564; 7,090,343; and 7,744,202.  See our June 3, 2016 and July 7, 2016 posts for more details on the complaint.
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ALJ McNamara Partially Grants Motion To Compel Additional Discovery In Certain Radio Frequency Identification Products (337-TA-979)

By Eric Schweibenz
|
Aug
04
On July 22, 2016, ALJ MaryJoan McNamara issued the public version of Order No. 25 (dated July 12, 2016) in Certain Radio Frequency Identification (“RFID”) Products and Components Thereof (Inv. No. 337-TA-979).

By way of background, this investigation is based on a December 4, 2015 complaint filed by Neology, Inc. (“Neology”) of Poway, California alleging violation of Section 337 in the importation into the U.S. and sale of certain RFID products and components thereof that infringe one or more claims of U.S. Patent Nos. 8,325,044; 8,587,436; and 7,119,664.  See our December 4, 2015 and January 7, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Denies Motion To Amend Complaint In Certain Personal Transporters (337-TA-1007)

By Eric Schweibenz
|
Aug
08
On July 25, 2016 ALJ David P. Shaw issued Order No. 6 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007) denying Complainants’ motion to amend the Complaint and Notice of Investigation.

By way of background, this investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. 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 personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway.  See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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