ALJ Orders

ALJ Pender Sets Target Date For Remand Investigation In Certain Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
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Dec
02
On November 22, 2016, ALJ Thomas B. Pender issued Order No. 25 setting the target date for the remand investigation 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 complaint filed by Fitbit, Inc. (“Fitbit”) 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 (“the ’332 patent”), 8,868,337 (“the ’337 patent”), and 9,089,760 (“the ’760 patent”). See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On August 9, 2016, ALJ Pender issued the public version of Order No. 24 granting Respondents AliphCom d/b/a Jawbone and BodyMedia, Inc.’s (collectively, “Jawbone”) motion for summary determination of invalidity under 35 U.S.C. § 101 and terminating the investigation in its entirety. See our August 18, 2016 post for more details on the Initial Determination (“ID”). On September 7, 2016, the ITC issued a notice and order reviewing-in-part and vacating-in-part the ID with respect to the ’332 and ’377 patents. See our September 29, 2016 post for more details on the ITC’s notice and order.
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ALJ Lord Sets Procedural Schedule In Certain Audio Processing Hardware and Software (337-TA-1026)

By Eric Schweibenz
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Dec
09
On December 8, 2016, ALJ Dee Lord issued Order No. 7 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 McNamara Grants-In-Part Motion For Summary Determination Regarding Unclean Hands Defense In Certain Potassium Chloride Powder Products (337-TA-1013)

By Eric Schweibenz
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Dec
14
On November 23, 2016, ALJ MaryJoan McNamara issued the public version of Order No. 7 granting-in-part a motion for summary determination to dismiss the Fifth Affirmative Defense—titled “Invalidity of Complainants’ NDA and Unclean Hands Based On Misconduct Before FDA (Food and Drug Administration)”—asserted by Respondents Virtus Pharmaceuticals, LLC, Virtus Pharmaceuticals OPCO II, LLC, and Viva Pharmaceutical Inc. (collectively, “Respondents”) 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. (“Lehigh”), Endo Global Ventures, Endo Ventures Limited, and Generics Bidco I, LLC (d/b/a Par Pharmaceutical and Qualitest Pharmaceuticals) (collectively, “Complainants”) 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 (“FDA”), 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 Notice of Investigation.
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ALJ Pender Terminates Investigation As To Trade Union International In Certain Passenger Vehicle Automotive Wheels (337-TA-1006)

By Eric Schweibenz
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Dec
15
On December 1, 2016, ALJ Thomas B. Pender issued Order No. 17 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 (“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 McNamara Grants Motion To Terminate In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-997)

By Eric Schweibenz
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Dec
21
On December 14, 2016, ALJ MaryJoan McNamara issued Order No. 22 granting Complainants ResMed Corp., ResMed Inc., and ResMed Ltd.’s (collectively, “ResMed”) motion to terminate the investigation as to certain asserted claims 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 alleging violation of Section 337 by Respondents BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, LLC (collectively, “Respondents”) 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 Bullock Grants Motion To Terminate Investigation In Certain Athletic Footwear (337-TA-1018)

By Eric Schweibenz
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Dec
28
On December 20, 2016, Chief ALJ Charles E. Bullock issued Order No. 11 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 Shaw Sets Procedural Schedule In Certain Mobile Electronic Devices (337-TA-1029)

By Eric Schweibenz
|
Dec
29
On December 20, 2016, ALJ David P. Shaw issued Order No. 6 in Certain Mobile Electronic Devices (Inv. No. 337-TA-1029).

By way of background, this investigation is based on an October 14, 2016 complaint filed by Qualcomm 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 mobile electronic devices that infringe one or more claims of U.S. Patent Nos. 8,095,082; 7,999,384; 7,548,407; 8,497,928; and 7,949,367. See our October 19, 2016 and November 15, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Denies Motion To Compel In Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices (337-TA-921)

By Eric Schweibenz
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Dec
30
On December 21, 2016 ALJ David P. Shaw issued Order No. 31 in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921) denying a motion to compel.

By way of background, the underlying investigation is based on a complaint filed by Navico Inc. and Navico Holding AS (“Navico”) alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,305,840 (the '840 patent); 8,300,499; and 8,605,550 (the '550 patent). See our July 11, 2014 post for more details on the underlying investigation. On December 1, 2015, the Commission issued its final determination finding a violation of Section 337 by Respondents based on infringement of certain claims of the ‘840 and ‘550 patents, and issued a limited exclusion order and cease and desist order (“CDO”) directed at Garmin International, Inc. and Garmin USA, Inc. (“Garmin”). On August 18, 2016, the Commission issued a modified limited exclusion order clarifying that certain components being imported by Garmin are covered by the original limited exclusion order.
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ALJ Shaw Grants Motion To Compel In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Dec
30
On December 22, 2016 ALJ David P. Shaw issued Order No. 21 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021) granting a motion to compel.

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. (“Segway”) 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 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 Pender Grants Joint Motion To Terminate Investigation In Certain Hybrid Electric Vehicles (337-TA-998)

By Eric Schweibenz
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Jan
05
On January 3, 2017, ALJ Thomas B. Pender issued Order No. 15 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.
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ALJ Shaw Denies Motion to Quash Subpoena In Certain Digital Video Receivers (337-TA-1001)

By Eric Schweibenz
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Jan
06
On December 21, 2016, ALJ David P. Shaw issued Order No. 34 in Certain Digital Video Receivers and Hardware and Software Components Thereof (Inv. No. 337-TA-1001).

By way of background, this investigation is based on an April 6, 2016 complaint filed by Rovi Corp. and Rovi Guides, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain digital video receivers and hardware and software components thereof that infringe one or more claims of U.S. Patent Nos. 8,006,263; 8,578,413; 8,046,801; 8,621,512; 8,768,147; and 8,566,871. These asserted patents generally relate to Interactive Program Guide (“IPG”) technology. See our April 6, 2016 and June 2, 2016 posts for more details on the complaint and the Notice of Investigation, respectively.
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ALJ Shaw Denies Motion to Strike in Certain Magnetic Data Storage Tapes (337-TA-1012)

By Eric Schweibenz
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Jan
06
On December 23, 2016, ALJ David P. Shaw issued Order No. 21 in Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (Inv. No. 337-TA-1012), denying FujiFilm complainants’ motion to strike the Sony respondents’ supplemental responses to its invalidity contention interrogatories and related portions of their expert reports and to preclude Sony from relying on documents produced on the last day of discovery. The Commission Investigative Staff had supported the motion in part.

By way of background, this investigation is based on a May 27, 2016 complaint filed by FujiFilm Corporation of Japan and FujiFilm Recording Media U.S.A., Inc. alleging that Sony Corporation of Japan, Sony Corporation of America, and Sony Electronics Inc. violated 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. These asserted patents generally relate to magnetic tape media for data storage. See our May 31, 2016 and July 8, 2016 posts for more details on the complaint and the notice of investigation respectively.
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ALJ Pender Terminates Investigation In Certain Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
|
Jan
06
On January 3, 2017, ALJ Thomas B. Pender issued Order No. 27 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 complaint filed by Fitbit, Inc. (“Fitbit”) 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 (“the ’332 patent”), 8,868,337 (“the ’337 patent”), and 9,089,760 (“the ’760 patent”). See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On August 9, 2016, ALJ Pender issued the public version of Order No. 24 granting Respondents AliphCom d/b/a Jawbone and BodyMedia, Inc.’s (collectively, “Jawbone”) motion for summary determination of invalidity under 35 U.S.C. § 101 and terminating the investigation in its entirety. See our August 18, 2016 post for more details on the Initial Determination (“ID”). On September 7, 2016, the ITC issued a notice and order reviewing-in-part and vacating-in-part the ID with respect to the ’332 and ’377 patents. See our September 29, 2016 post for more details on the ITC’s notice and order.
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ALJ McNamara Adopts Procedural Schedule In Certain Silicon-On-Insulator Wafers (337-TA-1025)

By Eric Schweibenz
|
Jan
10
On January 5, 2017, ALJ MaryJoan McNamara issued Order No. 10 in Certain Silicon-On-Insulator Wafers (Inv. No. 337-TA-1025).

By way of background, this investigation is based on a May 26, 2016 complaint filed by Silicon Genesis Corporation 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 silicon-on-insulator wafers that infringe one or more claims of U.S. Patent Nos. 6,458,672 and 6,171,965. See our May 27, 2016 and October 20, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Adopts Procedural Schedule In Certain UV Curable Coatings For Optical Fibers (337-TA-1031)

By Eric Schweibenz
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Jan
10
On January 5, 2017, ALJ MaryJoan McNamara issued Order No. 3 in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, and Products Containing Same (Inv. No. 337-TA-1031).

By way of background, this investigation is based on an October 31, 2016 complaint filed by DSM Desotech, Inc. and DSM IP Assets B.V. 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 UV curable optical fiber coatings, coated optical fibers, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,961,508; 7,171,103; 7,067,564; and 7,706,659. See our November 1, 2016 and December 5, 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 Single-Molecule Nucleic Acid Sequencing Systems (337-TA-1032)

By Eric Schweibenz
|
Jan
11
On January 10, 2017, ALJ Thomas B. Pender issued Order No. 4 in Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use with Same (Inv. No. 337-TA-1032).

By way of background, this investigation is based on an October 31, 2016 complaint filed by Pacific Biosciences 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 single-molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same that infringe one or more claims of U.S. Patent No. 9,404,146. See our November 3, 2016 and December 7, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Denies Request To File Summary Determination Motion One Day Out Of Time In Certain Motorized Self-Balancing Vehicles (337-TA-1000)

By Eric Schweibenz
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Jan
13
On January 12, 2017, Chief ALJ Charles E. Bullock issue Order No. 35 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 In Certain Beverage Brewing Capsules (337-TA-929)

By Eric Schweibenz
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Jan
19
On December 8, 2016, ALJ Theodore R. Essex issued the public version of Order No. 33 (dated Dec. 1, 2016) granting Complainants’ motion for summary determination that Respondents cannot prove their collateral estoppel defense as a matter of law in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320. See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order (“LEO”) and cease-and-desist orders (“CDOs”) directed at Eko Brands, LLC (“Eko”) and other respondents based on their infringement of claims 8 and 19.
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ALJ Pender Terminates Investigation As To Various Respondents In Certain Passenger Vehicle Automotive Wheels (337-TA-1006)

By Eric Schweibenz
|
Jan
24
On January 23, 2017, ALJ Thomas B. Pender issued Order No. 24 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 (“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 McNamara Grants Motion To Terminate Investigation In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-997)

By Eric Schweibenz
|
Jan
27
On January 24, 2017, ALJ MaryJoan McNamara issued Order No. 44 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 Complainants ResMed Corp., ResMed Inc., and ResMed Ltd.’s (collectively, “ResMed”) alleging violation of Section 337 by Respondents BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, LLC (collectively, “Respondents”) 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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