ALJ Orders

ALJ Lord Sets 16-Month Target Date In Certain Krill Oil Products (337-TA-1019)

By Eric Schweibenz
|
Oct
06
On October 3, 2016, ALJ Dee Lord issued Order No. 4 in Certain Krill Oil Products (Inv. No. 337-TA-1019).

By way of background, this investigation is based on an August 12, 2016 complaint filed by Aker BioMarine Antarctic AS and Aker BioMarine Manufacturing, 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 krill oil products and krill meal for production of krill oil products that infringe one or more claims of U.S. Patent Nos. 9,028,877; 9,078,905; 9,072,752; 9,320,765; and 9,375,453.  See our August 17, 2016 and September 14, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Sets 16-Month Target Date In Certain Industrial Control System Software (337-TA-1020)

By Eric Schweibenz
|
Oct
11
On October 7, 2016, ALJ MaryJoan McNamara issued Order No. 4 in Certain Industrial Control System Software, Systems Using Same and Components Thereof (Inv. No. 337-TA-1020).

By way of background, this investigation is based on an August 5, 2016 complaint filed by Rockwell Automation, 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 industrial control system software, systems using same, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,675,226; 6,816,817; 6,819,960; 6,978,225; 7,130,704; 7,650,196; 7,693,585; and 8,799,800.  See our August 9, 2016 and September 19, 2016 posts for more details on the complaint.
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ALJ Bullock Sets Procedural Schedule In Certain Athletic Footwear (337-TA-1018)

By Eric Schweibenz
|
Oct
12
On October 12, 2016, Chief ALJ Charles E. Bullock issued Order No. 5 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 Bullock Terminates Investigation As To Wilsonart In Certain Quartz Slabs (337-TA-996)

By Eric Schweibenz
|
Oct
14
On October 12, 2016, Chief ALJ Charles E. Bullock issued Order No. 20 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 (“Cambria”) 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 Denies Motion For Sanctions In Certain Silicon-On-Insulator Wafers (337-TA-966)

By Eric Schweibenz
|
Oct
17
On October 12, 2016, ALJ MaryJoan McNamara issued the public version of Order No. 18 (dated September 6, 2016) denying Respondent Soitec S.A.’s (“Soitec”) motion for sanctions in Certain Silicon-On-Insulator Wafers (Inv. No. 337-TA-966).

By way of background, this investigation was instituted based on a complaint filed by Silicon Genesis Corporation (“SiGen”) alleging that Soitec violated Section 337 in the importation into the U.S. and sale of certain silicon-on-insulator wafers for use in semiconductors that infringe one or more claims of U.S. Patent Nos. 5,985,74; 6,013,563; 6,103,599; 6,162,705; 6,180,496; 6,294,814; 6,790,747; and 7,811,901.  See our August 20, 2015 and September 22, 2015 posts for more details regarding the initial complaint and Notice of Investigation, respectively.
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ALJ Pender Sets Revised Procedural Schedule In Certain Hybrid Electric Vehicles (337-TA-998)

By Eric Schweibenz
|
Oct
24
On October 21, 2016, ALJ Thomas B. Pender issued Order No. 9 in Certain Hybrid Electric Vehicles and Components Thereof (Inv. No. 337-TA-998).

By way of background, this investigation is based on a complaint filed by Paice LLC and the Abell Foundation, Inc. alleging violation of Section 337 by certain European automakers in the importation into the U.S. and sale of certain hybrid electrical vehicles and components thereof that infringe one or more claims of U.S. Patent Nos. 7,104,347; 7,237,634; and 8,214,097.  See our April 18, 2016 and May 20, 2016 posts for more details on the complaint.
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ALJ Pender Issues Claim Construction Order In Certain Hybrid Electric Vehicles (337-TA-998)

By Eric Schweibenz
|
Oct
25
On October 6, 2016, ALJ Thomas B. Pender issued Order No. 8 construing the claim terms of the asserted patents in Certain Hybrid Electric Vehicles and Components Thereof (Inv. No. 337-TA-998).

By way of background, this investigation is based on a complaint filed by Paice LLC and the Abell Foundation, Inc. alleging violation of Section 337 by certain European automakers (Volkswagen, Porsche, Audi) in the importation into the U.S. and sale of certain hybrid electrical vehicles and components thereof that infringe one or more claims of U.S. Patent Nos. 7,104,347; 7,237,634; and 8,214,097.  See our April 18, 2016 and May 20, 2016 posts for more details on the complaint and Notice of Investigatin, respectively.
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ALJ Lord Grants-In-Part Motion To Amend Protective Order To Add Prosecution Bar In Certain Semiconductor Devices (337-TA-1010)

By Eric Schweibenz
|
Oct
26
On October 24, 2016, ALJ Dee Lord issued the public version of Order No. 42 (dated October 14, 2016) granting-in-part Respondents Broadcom Limited and Broadcom Corporation’s (collectively, “Broadcom”) motion to amend the protective order to add a patent prosecution bar in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same (Inv. No. 337-TA-1010).

By way of background, this investigation is based on a complaint filed by Tessera Technologies, Inc., Tessera, Inc., and Invensas Corp. (collectively, “Tessera”) 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 semiconductor devices, semiconductor device packages, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,856,007; 6,849,946; and 6,133,136.  See our May 24, 2016 and July 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Terminates Investigation As To The Fujitsu Ten, Honda and Renesas Respondents In Certain Computing Or Graphics Systems (337-TA-984)

By Eric Schweibenz
|
Oct
27
On October 24, 2016, ALJ Thomas B. Pender issued public versions of Order Nos. 57-59 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 Finds Respondents In Default In Certain Hand Dryers (337-TA-1015)

By Eric Schweibenz
|
Nov
02
On October 31, 2016, ALJ Theodore R. Essex issued Order No. 21 finding Respondents Penson & Co. (“Penson”) and Taizhou Dihour Electrical Appliances Co. Ltd. (“Taizhou”) in default 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. (“Excel”) 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 and July 26, 2016 posts for more details on the Complaint and Notice of Investigation, respectively.
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ALJ Lord Grants Motion To Terminate Antitrust Claim In Certain Carbon And Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Nov
14
On November 14, 2016, ALJ Dee Lord issued Order No. 38 containing her Initial Determination (“ID”) granting Respondents’ motion to terminate Complainant U.S. Steel Corporation’s (“U.S. Steel”) antitrust claim in Certain Carbon and 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 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 more details on this investigation.
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ALJ Lord Sets 16-Month Target Date In Certain Audio Processing Hardware and Software (337-TA-1026)

By Eric Schweibenz
|
Nov
16
On November 16, 2016, ALJ Dee Lord issued Order No. 5 in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation alleging violation by Apple Inc., Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. 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 audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607; 6,363,345; and 6,377,607.  See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Terminates Investigation As To Nanjing Fastwheel Intelligent Technology Co. In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Nov
17
On November 15, 2016 ALJ David P. Shaw issued Order No. 18 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 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.  The 337-TA-1021 investigation is based on an August 16, 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 and 7,275,607.  See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively.  These investigations were subsequently consolidated.
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ALJ Essex Sets Procedural Schedule In Certain Memory Modules (337-TA-1023)

By Eric Schweibenz
|
Nov
21
On November 21, 2016, ALJ Theodore R. Essex issued Order No. 5 in Certain Memory Modules and Components Thereof, and Products Containing Same (Inv. No. 337-TA-1023).  
 
By way of background, this investigation is based on a September 1, 2016 complaint filed by Netlist, 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 memory modules and components thereof, and products containing same, that infringe one or more claims of U.S. Patent Nos. 8,756,364; 8,516,185; 8,001,434; 8,359,501; 8,689,064; and 8,489,837.  See our September 6, 2016 and October 3, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Terminates Investigation As To American Tire Respondents In Certain Passenger Vehicle Automotive Wheels (337-TA-1006)

By Eric Schweibenz
|
Nov
22
On November 15, 2016, ALJ Thomas B. Pender issued Order No. 16 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 Bullock Sets Procedural Schedule In Certain Integrated Circuits With Voltage Regulators (337-TA-1024)

By Eric Schweibenz
|
Nov
28
On November 28, 2016, Chief ALJ Charles E. Bullock issued Order No. 5 in Certain Integrated Circuits With Voltage Regulators and Products Containing Same (Inv. No. 337-TA-1024).

By way of background, this investigation is based on a September 12, 2016 complaint filed by R2 Semiconductor, 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 integrated circuits with voltage regulators and products containing same that infringe one or more claims of U.S. Patent No. 8,233,250.  See our September 20, 2016 and October 13, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Sets 17-Month Target Date In Certain Food Supplements And Vitamins, Including Ocular Antioxidants (337-TA-1027)

By Eric Schweibenz
|
Nov
29
On November 29, 2016, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Food Supplements And Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same (Inv. No. 337-TA-1027).

By way of background, this investigation is based on an October 6, 2016 complaint filed by Kemin Industries, Inc. and Kemin Foods, L.C. 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 food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,815,955 and 9,226,940.  See our October 7, 2016 and November 7, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Grants Motions To Terminate Investigation And Stay Procedural Schedule In Certain Air Mattress Bed Systems (337-TA-999)

By Eric Schweibenz
|
Nov
30
On November 18, 2016, ALJ Theodore R. Essex issued Order No. 9 and Order No. 10 in Certain Air Mattress Bed Systems and Components Thereof (Inv. No. 337-TA-999).

By way of background, this investigation is based on a complaint filed by Select Comfort and Select Comfort SC Corporation (collectively, “Select Comfort”) alleging violation of Section 337 by Respondents Responsive Surface Technology LLC and Elements of Rest, Inc. (collectively, “ReST”), and American National Manufacturing, Inc. and Dires LLC d/b/a Personal Comfort Bed (collectively, “ANM”) 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 (“the ’848 patent”) and 7,389,554 (“the ’554 patent”).  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 Bullock Finds Respondents In Default In Certain Motorized Self-Balancing Vehicles (337-TA-1000)

By Eric Schweibenz
|
Dec
01
On November 21, 2016, Chief ALJ Charles E. Bullock issued Order No. 26 in Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).

By way of background, this investigation is based on a complaint filed by Razor USA, LLC, Inventist, Inc., and Shane Chen (collectively, “Razor”) alleging violation of Section 337 in the importation into the U.S. and sale of certain motorized self-balancing vehicles that infringe one or more claims of U.S. Patent No. 8,738,278, and, further, that certain of the named respondents have engaged in unfair methods of competition through false advertising and/or false or misleading representations of fact in connection with the sale and importation of such motorized self-balancing vehicles. See our March 23, 2016 and June 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Grants Motion For Summary Determination Of Violation Of Section 337 In Certain Woven Textile Fabrics (337-TA-976)

By Eric Schweibenz
|
Dec
02
On November 21, 2016, ALJ Theodore R. Essex issued the public version of Order No. 21 (dated November 10, 2016) granting Complainant AAVN, Inc.’s (“AAVN”) motion for summary determination that Respondent Pradip Overseas Ltd. (“Pradip”) has violated Section 337 in Certain Woven Textile Fabrics and Products Containing Same (Inv. No. 337-TA-976).

By way of background, this investigation is based on a complaint filed by AAVN alleging violation of Section 337 in the importation into the U.S. and sale of certain woven textile fabrics and products containing same that infringe one or more claims of U.S. Patent No. 9,131,790. AAVN also alleged in a second amended complaint violations of Section 337 based upon false advertising claims. See our October 5, 2015 and December 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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