ALJ Orders

ALJ Pender Sets 16-Month Target Date In Certain LTE Wireless Communication Devices (337-TA-1051)

By Eric Schweibenz
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Jun
08
On June 6, 2017, ALJ Thomas B. Pender issued Order No. 4 in Certain LTE Wireless Communication Devices and Components Thereof (Inv. No. 337-TA-1051).  
 
By way of background, this investigation is based on a March 17, 2017 complaint filed by LG Electronics, Inc., LG Electronics Alabama, Inc., and LG Electronics MobileComm 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 LTE wireless communication devices and components thereof that infringe one or more claims of U.S. Patent Nos. 7,916,714; 8,107,456; 9,191,173; 9,225,572; and 8,891,560.  See our March 28, 2017 and April 27, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Issues Notice Of Errata To Final Initial Determination Finding No Section 337 Violation In Certain Motorized Self-Balancing Vehicles (337-TA-1000)

By Eric Schweibenz
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Jun
12
Further to our June 1, 2017 post, on June 9, 2017, Chief ALJ Charles E. Bullock issued the public version of a notice of errata to Final Initial Determination (dated June 5, 2017) 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 McNamara Sets 17.5-Month Target Date In Certain Digital Cameras (337-TA-1059)

By Eric Schweibenz
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Jun
13
On June 13, 2017, ALJ MaryJoan McNamara issued Order No. 2 in Certain Digital Cameras, Software, and Components Thereof (Inv. No. 337-TA-1059).    
 
By way of background, this investigation is based on an April 10, 2017 complaint filed by Carl Zeiss AG of Germany and ASML Netherlands B.V. of the Netherlands 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 of certain digital cameras, software, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,301,440; 6,463,163; 6,714,241; 6,731,335; 6,834,128; 7,297,916; and 7,933,454.  See our April 28, 2017 and May 30, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Issues 13-Month Target Date In Certain Collapsible Sockets For Mobile Electronic Devices (337-TA-1056)

By Eric Schweibenz
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Jun
15
On June 15, 2017, ALJ David P. Shaw issued Order No. 4 in Certain Collapsible Sockets For Mobile Electronic Devices and Components Thereof (Inv. No. 337-TA-1056).

By way of background, this investigation is based on an April 10, 2017 complaint filed by PopSockets LLC of Boulder, Colorado 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 of certain collapsible sockets for mobile electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 8,560,031. See our April 14, 2017 and May 15, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule In Certain Collapsible Sockets For Mobile Electronic Devices (337-TA-1056)

By Eric Schweibenz
|
Jun
16
On June 15, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Collapsible Sockets For Mobile Electronic Devices and Components Thereof (Inv. No. 337-TA-1056).    
 
By way of background, this investigation is based on an April 10, 2017 complaint filed by PopSockets LLC of Boulder, Colorado 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 of certain collapsible sockets for mobile electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 8,560,031.  See our April 14, 2017 and May 15, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets 17-Month Target Date In Certain Robotic Vacuum Cleaning Devices (337-TA-1057)

By Eric Schweibenz
|
Jun
28
On June 21, 2017, ALJ Thomas B. Pender issued Order No. 8 in Certain Collapsible Sockets For Mobile Electronic Devices and Components Thereof (Inv. No. 337-TA-1057).

By way of background, this investigation is based on an April 10, 2017 complaint filed by PopSockets 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 of certain collapsible sockets for mobile electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 8,560,031. See our April 26, 2017 and May 22, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Sets Procedural Schedule In Certain Dental Ceramics (337-TA-1050)

By Eric Schweibenz
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Jun
29
On June 22, 2017, ALJ Theodore R. Essex issued Order No. 5 in Certain Dental Ceramics, Products Thereof, and Methods of Making the Same (Inv. No. 337-TA-1050).

By way of background, this investigation is based on a March 17, 2017 complaint filed by Ivoclar Vivadent AG, Ivoclar Vivadent, Inc., and Ardent, 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 dental ceramics and products thereof that infringe one or more claims of U.S. Patent Nos. 7,452,836; 6,517,623; 6,802,894; and 6,455,451. See our March 20, 2017 and April 25, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Sets Procedural Schedule In Certain Height-Adjustable Desk Platforms (337-TA-1054)

By Eric Schweibenz
|
Jun
30
On June 22, 2017, ALJ Theodore R. Essex issued Order No. 6 in Certain Height-Adjustable Desk Platforms and Components Thereof (Inv. No. 337-TA-1054).

By way of background, this investigation is based on a March 30, 2017 complaint filed by Varidesk LLC of Coppell, Texas 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 height-adjustable desk platforms and components thereof that infringe one or more claims of U.S. Patent Nos. 9,113,703; 9,277,809; and 9,554,644. See our April 14, 2017 and May 3, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Terminates Investigation As To Lumidesign In Certain Mirrors With Internal Illumination (337-TA-1055)

By Eric Schweibenz
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Jul
10
On July 6, 2017, Chief ALJ Charles E. Bullock issued Order No. 8 in Certain Mirrors With Internal Illumination and Components Thereof (Inv. No. 337-TA-1055).

By way of background, this investigation is based on a March 8, 2017 complaint filed by Electric Mirror, LLC and Kelvin 42 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 of certain mirrors with internal illumination and components thereof that infringe one or more claims of U.S. Patent Nos. 7,853,414; 7,805,260; 7,559,668; D704,938; and D579,671. See our March 16, 2017 and May 5, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Sets 15.5-Month Target Date In Certain Magnetic Tape Cartridges (337-TA-1058)

By Eric Schweibenz
|
Jul
11
On July 5, 2017, ALJ Theodore R. Essex issued Order No. 5 in Certain Magnetic Tape Cartridges and Components Thereof (Inv. No. 337-TA-1058).

By way of background, this investigation is based on an April 28, 2017 complaint filed by Sony Corp., Sony Storage Media Solutions Corp., Sony Storage Media Manufacturing Corp., Sony DADC US Inc., and Sony Latin America 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 of certain magnetic tape cartridges and components thereof that infringe one or more claims of U.S. Patent Nos. 6,674,596; 6,979,501; and 7,029,774. See our May 4, 2017 and May 26, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets Procedural Schedule In Certain LTE Wireless Communication Devices (337-TA-1051)

By Eric Schweibenz
|
Jul
12
On July 10, 2017, ALJ Thomas B. Pender issued Order No. 8 in Certain LTE Wireless Communication Devices and Components Thereof (Inv. No. 337-TA-1051).

By way of background, this investigation is based on a March 17, 2017 complaint filed by LG Electronics, Inc., LG Electronics Alabama, Inc., and LG Electronics MobileComm 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 LTE wireless communication devices and components thereof that infringe one or more claims of U.S. Patent Nos. 7,916,714; 8,107,456; 9,191,173; 9,225,572; and 8,891,560. See our March 28, 2017 and April 27, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule For Advisory Opinion Proceeding In Certain Ink Cartridges (337-TA-565/946)

By Eric Schweibenz
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Jul
13
On July 5, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Ink Cartridges (Inv. No. 337-TA-565/946).

By way of background, this proceeding is based on an April 2017 request filed by Ninestar Image Tech Ltd., Ninestar Technology Company, Ltd. and Apex Microtech Ltd. (collectively, “Ninestar”) seeking an advisory opinion that Ninestar’s re-manufactured ink cartridges are outside the scope of the existing general exclusion and cease and desist orders. The underlying 337-TA-946 investigation is based on a December 23, 2014 complaint filed by Epson Portland Inc., Epson America, Inc., and Seiko Epson Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain unauthorized, aftermarket ink cartridges and components thereof that infringe one or more claims of U.S. Patent Nos. 8,366,233; 8,454,116; 8,794,749; 8,801,163; and 8,882,513. See our December 29, 2014 and February 11, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Terminates Investigation In Certain Flash Memory Devices (337-TA-1034)

By Eric Schweibenz
|
Jul
14
On July 13, 2017, ALJ Dee Lord issued Order No. 22 in Certain Flash Memory Devices and Components Thereof (Inv. No. 337-TA-1034).

By way of background, this investigation is based on a November 30, 2016 complaint filed by Memory Technologies, LLC of Las Vegas, Nevada 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 flash memory devices and components thereof that infringe U.S. Patent Nos. RE45,542; RE45,486; 7,565,469; 9,063,850; and 8,307,180. See our December 20, 2016 and January 9, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets 16-Month Target Date In Certain Consumer Electronic Devices (337-TA-1060)

By Eric Schweibenz
|
Jul
19
On July 19, 2017, ALJ Dee Lord issued Order No. 5 in Certain Consumer Electronic Devices, Including Televisions, Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and Blu-Ray Players (Inv. No. 337-TA-1060).

By way of background, this investigation is based on a May 9, 2017 complaint filed by ARRIS Enterprises LLC of Suwanee, Georgia 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 of certain consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-Ray players that infringe one or more claims of U.S. Patent Nos. 6,473,858; 6,934,148; 7,113,502; 7,752,564; 8,300,156; and 9,521,466. See our May 11, 2017 and June 9, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Grants Joint Motion Filed By Nokia and Apple To Terminate Investigation Based On A Settlement Agreement In Certain Electronic Devices (337-TA-1039)

By Eric Schweibenz
|
Jul
24
On July 21, 2017, ALJ MaryJoan McNamara issued Order No. 27 in Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof (Inv. No. 337-TA-1039).

By way of background, this investigation is based on a December 22, 2016 complaint filed by Nokia Technologies Oy 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 electronic devices, including mobile phones, tablet computers, and components thereof that infringe one or more claims of Nokia’s U.S. Patent Nos. 7,415,247; 9,270,301; 6,393,260; 8,036,619; 6,826,391; 6,480,700; 9,473,602; and 7,653,366. See our January 3, 2017 and January 26, 2017 posts for more details on the complaint and Notice of Investigation, respectively. Chief ALJ Bullock thereafter severed part of the 337-TA-1038 investigation so as to create a second investigation which is the instant 337-TA-1039 investigation. See our February 9, 2017 post for more details.
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ALJ Essex Sets Procedural Schedule In Certain Magnetic Tape Cartridges (337-TA-1058)

By Eric Schweibenz
|
Jul
28
On July 24, 2017, ALJ Theodore R. Essex issued Order No. 7 in Certain Magnetic Tape Cartridges and Components Thereof (Inv. No. 337-TA-1058).

By way of background, this investigation is based on an April 28, 2017 complaint filed by Sony Corp., Sony Storage Media Solutions Corp., Sony Storage Media Manufacturing Corp., Sony DADC US Inc., and Sony Latin America 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 of certain magnetic tape cartridges and components thereof that infringe one or more claims of U.S. Patent Nos. 6,674,596; 6,979,501; and 7,029,774. See our May 4, 2017 and May 26, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Grants Motion To Strike Public Interest Affirmative Defenses In Certain Basketball Backboard Components (337-TA-1040)

By Eric Schweibenz
|
Jul
31
On July 31, 2017, ALJ Dee Lord issued Order No. 10 in Certain Basketball Backboard Components and Products Containing Same (Inv. No. 337-TA-1040).

By way of background, this investigation is based on a December 30, 2016 complaint filed by Lifetime Products, Inc. of Clearfield, Utah 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 basketball backboard components and products containing the same that infringe one or more claims of Lifetime’s U.S. Patent Nos. 7,749,111; 8,845,463; and 8,852,034. See our January 12, 2017 and February 10, 2017 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 Backpack Chairs (337-TA-1062)

By Eric Schweibenz
|
Aug
01
On July 31, 2017, Chief ALJ Charles E. Bullock issued Order No. 3 in Certain Backpack Chairs (Inv. No. 337-TA-1062).

By way of background, this investigation is based on a complaint filed by Rio Brands, 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 of certain backpack chairs that infringe one or more claims of U.S. Patent No. RE39,022. See our June 14, 2017 and July 7, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule In Certain Bar Code Readers (337-TA-1061)

By Eric Schweibenz
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Aug
03
On August 1, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Bar Code Readers, Scan Engines, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-1061).

By way of background, this investigation is based on a May 23, 2017 complaint filed by Honeywell International, Inc., Hand Held Products, Inc. d/b/a Honeywell Scanning & Mobility, and Metrologic Instruments, 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 of certain barcode readers, scan engines, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,832,725; 8,511,572; 7,148,923; 7,527,206; 8,646,692; and 9,323,969. See our June 7, 2017 and June 26, 2017 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Denies Motion For Sanctions In Certain Carbon and Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
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Aug
07
On August 4, 2017, ALJ Dee Lord issued Order No. 92 in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was 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, August 30, 2016, November 14, 2016, and March 20, 2017 posts for more details on this investigation.
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