ALJ Orders

ALJ Pender Terminates Investigation As To ASPEC In Certain Passenger Vehicle Automotive Wheels (337-TA-1006)

By Eric Schweibenz
|
Aug
10
On August 2, 2016, ALJ Thomas B. Pender issued Order No. 11in 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 Pender Terminates Investigation As To Texas Instruments In Certain Computing Or Graphics Systems (337-TA-984)

By Eric Schweibenz
|
Aug
11
On August 2, 2016, ALJ Thomas B. Pender issued Order No. 49 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 Pender Grants Motion For Summary Determination Of Invalidity Under 35 U.S.C. § 101 In Certain Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
|
Aug
18
On August 9, 2016, ALJ Thomas B. Pender issued the public version of Order No. 24 (dated July 19, 2016) in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973), granting summary determination of invalidity and terminating the investigation in its entirety.

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 Shaw Sets Procedural Schedule In Certain Magnetic Data Storage Tapes (337-TA-1012)

By Eric Schweibenz
|
Aug
25
On August 24, 2016, ALJ David P. Shaw issued Order No. 7 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 McNamara Terminates Investigation In Certain Quartz Slabs (II) (337-TA-1017)

By Eric Schweibenz
|
Aug
26
On August 25, 2016, ALJ MaryJoan McNamara issued Order No. 2 in Certain Quartz Slabs and Portions Thereof (II) (Inv. No. 337-TA-1017).

By way of background, this investigation is based on a July 11, 2016 complaint filed by Cambria Company LLC 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 quartz slabs and portions thereof that infringe the claims of U.S. Patent Nos. D712,666; D712,670; D751,298; D712,161; and D737,058.  See our July 11, 2016 and August 15, 2016 posts for more details on the complaint and Notice of Investigation.
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ALJ McNamara Rules On Objections To Disclosure Of Confidential Business Information To Proposed Experts In Certain Composite Aerogel Insulation Materials (337-TA-1003)

By Eric Schweibenz
|
Aug
29
On August 23, 2016, ALJ MaryJoan McNamara issued the public version of Order No. 10 (dated August 18, 2016) in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same (Inv. No. 337-TA-1003).

By way of background, this investigation is based on a May 5, 2016 complaint filed by Aspen Aerogels, Inc. (“Aspen”) alleging violation of Section 337 by way of unlawfully importing into the U.S., selling for importation, and/or selling within the U.S. after importation certain composite aerogel insulation materials that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. 7,078,359; 7,399,439; 6,989,123; 7,780,890; and 9,181,486.  See our May 5, 2016 and June 8, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Denies Motion To Modify Target Date From 13 To 15 Months In Certain Potassium Chloride Powder Products (337-TA-1013)

By Eric Schweibenz
|
Sep
07
On August 29, 2016 ALJ MaryJoan McNamara issued Order No. 4 in Certain Potassium Chloride Powder Products (Inv. No. 337-TA-1013), denying Respondents’ motion to modify the target date from thirteen to fifteen months.

By way of background, this investigation is based on a complaint filed by Lehigh Valley Technologies, Inc., Endo Global Ventures, Endo Ventures Ltd., and Generics Bidco I, LLC d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical 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 potassium chloride powder products that are allegedly not approved by the U.S. Food and Drug Administration, and unfairly competing with Complainants through the false and misleading packaging, marketing, promotion, distribution, and sale of the Respondents’ unapproved potassium chloride powder products.  See our June 15, 2016 and July 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Sets Procedural Schedule In Certain Potassium Chloride Powder Products (337-TA-1013)

By Eric Schweibenz
|
Sep
08
On August 31, 2016 ALJ MaryJoan McNamara issued Order No. 5 in Certain Potassium Chloride Powder Products (Inv. No. 337-TA-1013).

By way of background, this investigation is based on a complaint filed by Lehigh Valley Technologies, Inc., Endo Global Ventures, Endo Ventures Ltd., and Generics Bidco I, LLC d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical 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 potassium chloride powder products that are allegedly not approved by the U.S. Food and Drug Administration, and unfairly competing with Complainants through the false and misleading packaging, marketing, promotion, distribution, and sale of the Respondents’ unapproved potassium chloride powder products.  See our June 15, 2016 post for more details on the complaint and our July 22, 2016 post for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Grants Motion To Terminate Investigation As To Alpine Industries In Certain Hand Dryers And Housings For Hand Dryers (337-TA-1015)

By Eric Schweibenz
|
Sep
09
On September 8, 2016, ALJ Theodore R. Essex issued Order No. 11 in Certain Hand Dryers And Housings For Hand Dryers (Inv. No. 337-TA-1015).

By way of background, this investigation is based on a June 15, 2016 complaint filed by Excel Dryer Inc. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for imporation, and/or selling within the U.S. after imporation certain hand dryers and housings for hand dryers that infringe Excel's trade dress.  See our June 27, 2016 and July 26, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Terminates Investigation As To BMW, Toyota and Harman In Certain Computing Or Graphics Systems (337-TA-984)

By Eric Schweibenz
|
Sep
15
On September 14, 2016, ALJ Thomas B. Pender issued public versions of Order Nos. 53-55 (dated August 14, 2016) 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 Lord Sets Procedural Schedule In Certain Carbon And Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Sep
16
On September 14, 2016, ALJ Dee Lord issued Order No. 31 in Certain Carbon Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was instituted based on a complaint filed by U.S. Steel Corporation (“U.S. Steel”) alleging a violation of section 337 by numerous Chinese steel producers and distributors—as well as certain Hong Kong and U.S. affiliates—by reason of: (1) a conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the U.S.; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the U.S.; and (3) false designation of origin of manufacturer, the threat or effect of which is to destroy or substantially injure an industry in the U.S.  See our April 26, 2016, June 7, 2016, and August 30, 2016 posts for details on this investigation.
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ALJ Lord Grants Motion To Terminate Investigation As To Mercury Cable & Energy In Certain Electrical Conductor Composite Cores (337-TA-995)

By Eric Schweibenz
|
Sep
26
On September 23, 2016, ALJ Dee Lord issued Order No. 9 in Certain Electrical Conductor Composite Cores and Components Thereof (Inv. No. 337-TA-995).

By way of background, this investigation is based on a complaint filed by CTC Global Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain electrical conductor composite cores and components thereof used in electrical transmission lines that infringe one or more claims of U.S. Patent Nos. 7,211,319 and 7,368,162.  See our April 8, 2016 and May 12, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Sets 12-Month Target Date In Certain Hand Dryers And Housings For Hand Dryers (337-TA-1015)

By Eric Schweibenz
|
Sep
27
On September 12, 2016, ALJ Theodore R. Essex issued Order No. 13 in Certain Hand Dryers And Housings For Hand Dryers (Inv. No. 337-TA-1015).

By way of background, this investigation is based on a June 15, 2016 complaint filed by Excel Dryer 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 hand dryers and housings for hand dryers that infringe Excel’s trade dress.  See our June 27, 2016 and July 26, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Denies Motion To Strike Untimely Infringement Contentions In Certain Automated Teller Machines (337-TA-989)

By Eric Schweibenz
|
Sep
27
On September 22, 2016, ALJ David P. Shaw issued Order No. 23 denying Respondents Diebold Inc. and Diebold Self-Service Systems’ (collectively, “Diebold”) motion to strike untimely infringement contentions by Complainants Nautilus Hyosung, Inc. and Nautilus Hyosung America Inc. (collectively, “Nautilus”) 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 complaint filed by Nautilus 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 and Notice of Investigation, respectively.
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ALJ Essex Grants Motion To Terminate Investigation As To Jinhua Kingwe Electrical In Certain Hand Dryers And Housings For Hand Dryers (337-TA-1015)

By Eric Schweibenz
|
Sep
28
On September 8, 2016, ALJ Theodore R. Essex issued Order No. 12 in Certain Hand Dryers And Housings For Hand Dryers (Inv. No. 337-TA-1015).

By way of background, this investigation is based on a June 15, 2016 complaint filed by Excel Dryer 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 hand dryers and housings for hand dryers that infringe Excel's trade dress.  See our June 27, 2016 and July 26, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Grants Motion To Disqualify Economic Expert In Certain Magnetic Data Storage Tapes (337-TA-1012)

By Eric Schweibenz
|
Sep
29
On September 26, 2016, ALJ David P. Shaw issued Order No. 15 granting Complainants Fujifilm Corporation and Fujifilm Recording Media U.S.A.’s (collectively, “Fujifilm”) motion to exclude and disqualify Respondents Sony Corporation, Sony Corporation of America, and Sony Electronics Inc.’s (collectively, “Sony”) economic expert in Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (Inv. No. 337-TA-1012).

By way of background, this investigation is based on a complaint filed by FujiFilm 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 Essex Grants Motion To Terminate Investigation As To ACL Group In Certain Hand Dryers And Housings For Hand Dryers (337-TA-1015)

By Eric Schweibenz
|
Sep
30
On September 28, 2016, ALJ Theodore R. Essex issued Order No. 15 in Certain Hand Dryers And Housings For Hand Dryers (Inv. No. 337-TA-1015).

By way of background, this investigation is based on a June 15, 2016 complaint filed by Excel Dryer 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 hand dryers and housings for hand dryers that infringe Excel's trade dress.  See our June 27, 2016 and July 26, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Denies Motion For Sanctions In Certain Automated Teller Machines (337-TA-989)

By Eric Schweibenz
|
Oct
04
On September 29, 2016, ALJ David P. Shaw issued Order No. 24 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. (collectively, “Nautilus”) 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 (the ’551 patent); 7,950,655; 8,152,165 (the ’165 patent); and 8,523,235.  See our February 9, 2016 and March 10, 2016 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 Athletic Footwear (337-TA-1018)

By Eric Schweibenz
|
Oct
05
On September 29, 2016, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Athletic Footwear (Inv. No. 337-TA-1018).

By way of background, this investigation is based on an August 10, 2016 complaint filed by Reebok International Ltd. of Canton, Massachusetts and Reebok International Ltd. of the United Kingdom 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 athletic footwear products that infringe one or more claims of U.S. Patent Nos. 7,637,035 and 8,505,221.  See our August 10, 2016 and September 12, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Grants Joint Motion That No Markman Hearing Be Held In Certain Composite Aerogel Insulation Materials (337-TA-1003)

By Eric Schweibenz
|
Oct
05
On October 3, 2016, ALJ MaryJoan McNamara issued Order No. 16 in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same (Inv. No. 337-TA-1003).

By way of background, this investigation is based on a May 5, 2016 complaint filed by Aspen Aerogels, Inc. alleging violation of Section 337 by way of unlawfully importing into the U.S., selling for importation, and/or selling within the U.S. after importation certain composite aerogel insulation materials that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. 7,078,359; 7,399,439; 6,989,123; 7,780,890; and 9,181,486.  See our May 5, 2016 and June 8, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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