ALJ Orders

ALJ Bullock Sets Procedural Schedule For Early Determination In Certain Motorized Vehicles (337-TA-1132)

By Eric Schweibenz
|
Sep
28
On September 27, 2018, Chief ALJ Charles E. Bullock issued Order No. 5 setting the final procedural schedule for an early determination on whether Complainant FCA US LLC of Auburn Hills, Michigan (“FCA”) is contractually barred from asserting its intellectual property against the named respondents in Certain Motorized Vehicles and Components Thereof (Inv. No. 337-TA-1132).

By way of background, this investigation is based on an August 1, 2018 complaint filed by FCA 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 motorized vehicles and components thereof that violate common law trade dress and registered trademarks used with and displayed on Jeep®-brand vehicles manufactured and sold by FCA and its predecessors. See our August 1, 2018 and September 11, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Grants Unopposed Motion to Stay Investigation Pending Federal Circuit Review of IPR Final Written Decisions In Certain Integrated Circuits with Voltage Regulators (337-TA-1024)

By Eric Schweibenz
|
Oct
04
On October 4, 2018, Chief ALJ Charles E. Bullock issued the public version of Order No. 55 (dated August 31, 2018) 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 October 13, 2016 post for more details on the Notice of Investigation.
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ALJ Bullock Denies Motion To Conduct First Settlement Meeting By Video-Conferencing Or Teleconferencing In Certain Carburetors (337-TA-1123)

By Eric Schweibenz
|
Oct
05
On October 2, 2018, Chief ALJ Charles E. Bullock issued Order No. 24 in Certain Carburetors and Products Containing Such Carburetors (Inv. No. 337-TA-1123).

By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC (“Walbro” or “Complainant”) of Tucson Arizona 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424; 6,439,547; 6,533,254; 6,540,212; and 7,070,173. See our June 12, 2018 post for more details on the complaint.
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ALJ Bullock Terminates Investigation As To Ardisam In Certain Carburetors (337-TA-1123)

By Eric Schweibenz
|
Oct
09
On October 2, 2018, Chief ALJ Charles E. Bullock issued Order No. 22 in Certain Carburetors and Products Containing Such Carburetors (Inv. No. 337-TA-1123).

By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent). See our June 12, 2018 and July 17, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Sets 17 Month Target Date In Certain Sleep-Disordered Breathing Treatment Mask Systems (337-TA-1134)

By Eric Schweibenz
|
Oct
11
On October 10, 2018, ALJ MaryJoan McNamara issued Order No. 2 in Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1134).

By way of background, this investigation is based on an August 31, 2018 complaint filed by ResMed Corp. and ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia 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 sleep-disordered breathing treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,119,931 (“the ’931 patent”), 9,027,556 (“the ’556 patent”), 9,962,511 (“the ’511 patent”), 9,962,510 (“the ’510 patent”), and 9,937,315 (“the ’315 patent”). See our August 31, 2018 and October 2, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Terminates Investigation As To Champion In Certain Carburetors (337-TA-1123)

By Eric Schweibenz
|
Oct
12
On October 2, 2018, Chief ALJ Charles E. Bullock issued Order No. 23 in Certain Carburetors and Products Containing Such Carburetors (Inv. No. 337-TA-1123).

By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent). See our June 12, 2018 and July 17, 2018 posts for more details on the complaint and Notice of Investigation, respectively. The ALJ previously denied Respondent Champion Power Equipment, Inc.’s (“Champion”) motion to terminate the investigation as to Champion based on a consent order stipulation and proposed consent order, finding that the proposed consent order did not resolve all the issues as to inventory raised by Walbro. See our September 17, 2018 post for more details.
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ALJ Bullock Partially Grants Motion To Compel Additional Discovery In Certain Graphics Processors (337-TA-1099)

By Eric Schweibenz
|
Oct
15
On October 12, 2018, Chief ALJ Charles E. Bullock issued the public version of Order No. 26 (dated October 4, 2018) in Certain Graphics Processors and Products Containing the Same (Inv. No. 337-TA-1099)

By way of background, this investigation is based on a December 29, 2017 complaint filed by ZiiLabs Inc., Ltd. of Bermuda 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 graphics processors and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,181,355; 6,900,800; 8,144,156; and 8,643,659. See our January 30, 2018 post for more details on the Notice of Investigation.
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ALJ Shaw Sets 16 Month Target Date In Certain Strength-Training Systems (337-TA-1135)

By Eric Schweibenz
|
Oct
17
On October 17, 2018, ALJ David P. Shaw issued Order No. 4 in Certain Strength-Training Systems and Components Thereof (Inv. No. 337-TA-1135).

By way of background, this investigation is based on a September 4, 2018 complaint filed by Hoist Fitness Systems, Inc. of Poway, 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 strength-training systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,549,949 (“the ’949 patent”), 7,563,209 (“the ’209 patent”), 7,594,880 (“the ’880 patent”), 7,654,938 (“the ’938 patent”), and 7,976,440 (“the ’440 patent”). See our September 4, 2018 and October 1, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Sets 18-Month Target Date In Certain Unmanned Aerial Vehicles (337-TA-1133)

By Eric Schweibenz
|
Oct
18
On October 18, 2018, Chief ALJ Charles E. Bullock issued Order No. 4 setting an 18-month target date in Certain Unmanned Aerial Vehicles and Components Thereof (Inv. No. 337-TA-1133).

By way of background, this investigation is based on an August 30, 2018 complaint filed by Autel Robotics USA LLC of Bothell, Washington 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 unmanned aerial vehicles and components thereof that infringe one or more claims of U.S. Patent Nos. 7,979,174 (“the ’174 patent”), 9,260,184 (“the ’184 patent”), and 10,044,013 (“the ’013 patent”). See our August 30, 2018 and September 27, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Denies Motion To Enforce Order No. 13 In Certain Digital Video Receivers (337-TA-1103)

By Eric Schweibenz
|
Oct
19
On October 5, 2018, ALJ MaryJoan McNamara issued the public version of Order No. 34 (dated August 29, 2018) in Certain Digital Video Receivers and Related Hardware and Software Components (Inv. No. 337-TA-1103)

By way of background, this investigation is based on a February 8, 2018 complaint filed by Rovi Corporation, Rovi Guides, Inc., Rovi Technologies Corporation, and Veveo, Inc. (collectively “Rovi” or “Complainants”) of San Carlos, 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 of certain digital video receivers and related hardware and software components that infringe one or more claims of U.S. Patent Nos. 7,779,011; 7,937,394; 7,827,585; 9,294,799; 9,369,741; 9,578,363; 9,621,956; and 9,668,014 (collectively, the “asserted patents”).
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ALJ McNamara Grants Motion To Compel Production of Chip Schematic and Source Code In Certain Mobile Electronic Devices (337-TA-1093)

By Eric Schweibenz
|
Oct
22
On October 4, 2018, ALJ MaryJoan McNamara issued the public version of Order No. 15 (dated June 11, 2018) in Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (Inv. No. 337-TA-1093).

By way of background, this investigation is based on a November 30, 2017 complaint filed by Qualcomm Inc. of San Diego, 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 mobile electronic devices and radio frequency and processing components thereof that infringe one or more claims of U.S. Patent Nos. 9,154,356; 9,473,336; 8,063,674; 7,693,002; and 9,552,633. See our January 3, 2018 post for more details on the Notice of Investigation.
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ALJ McNamara Sets 17 Month Target Date In Certain LTE- And 3G-Compliant Cellular Communications Devices (337-TA-1138)

By Eric Schweibenz
|
Oct
23
On October 23, 2018, ALJ MaryJoan McNamara issued Order No. 2 in Certain LTE- and 3G-Compliant Cellular Communications Devices (Inv. No. 337-TA-1138).

By way of background, this investigation is based on a September 14, 2018 complaint filed by INVT SPE LLC of San Francisco, 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 LTE- and 3G-compliant cellular communications devices that infringe one or more claims of U.S. Patent Nos. 6,760,590; 7,206,587; 7,764,711; 7,848,439; and 7,339,949. See our September 14, 2018 and October 16, 2018 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 Motorized Vehicles (337-TA-1132)

By Eric Schweibenz
|
Oct
26
On October 26, 2018, Chief ALJ Charles E. Bullock issued Order No. 12 setting a 16-month target date in Certain Motorized Vehicles and Components Thereof (Inv. No. 337-TA-1132).

By way of background, this investigation is based on an August 1, 2018 complaint filed by Complainant FCA US LLC of Auburn Hills, Michigan (“FCA”) 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 motorized vehicles and components thereof that violate common law trade dress and registered trademarks used with and displayed on Jeep®-brand vehicles manufactured and sold by FCA and its predecessors. The Commission ordered the presiding ALJ to hold an early evidentiary hearing and issue an early decision within 100 days of institution as to whether FCA is contractually barred from enforcing its intellectual property against the named respondents (or, in the alternative, decide this issue through summary determination proceedings if no material facts are in dispute). See our August 1, 2018 and September 11, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Cheney Sets 16 Month Target Date In Certain Obstructive Sleep Apnea Treatment Mask Systems (337-TA-1136)

By Eric Schweibenz
|
Nov
05
On November 5, 2018, ALJ Clark S. Cheney issued Order No. 3 in Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1136).

By way of background, this investigation is based on a September 10, 2018 complaint filed by Fisher & Paykel Healthcare Ltd. of New Zealand 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 obstructive sleep apnea treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 9,974,914. See our September 10, 2018 and October 8, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Sets Procedural Schedule In Certain LTE- And 3G-Compliant Cellular Communications Devices (337-TA-1138)

By Eric Schweibenz
|
Nov
06
On November 6, 2018, ALJ MaryJoan McNamara issued Order No. 7 in Certain LTE- and 3G-Compliant Cellular Communications Devices (Inv. No. 337-TA-1138).

By way of background, this investigation is based on a September 14, 2018 complaint filed by INVT SPE LLC of San Francisco, 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 LTE- and 3G-compliant cellular communications devices that infringe one or more claims of U.S. Patent Nos. 6,760,590; 7,206,587; 7,764,711; 7,848,439; and 7,339,949. See our September 14, 2018 and October 16, 2018 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 Semiconductor Lithography Systems (337-TA-1137)

By Eric Schweibenz
|
Nov
08
On November 8, 2018, ALJ Dee Lord issued Order No. 3 in Certain Semiconductor Lithography Systems and Components Thereof (Inv. No. 337-TA-1137).

By way of background, this investigation is based on a September 12, 2018 complaint filed by ASML Netherlands B.V. of the Netherlands, ASML US, L.P. of Chandler, Arizona, and ASML US, LLC of Chandler, Arizona 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 lithography systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,295,283; 7,403,264; and 9,188,880. See our September 12, 2018 and October 10, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Cheney Sets Procedural Schedule In Certain Obstructive Sleep Apnea Treatment Mask Systems (337-TA-1136)

By Eric Schweibenz
|
Nov
21
On November 21, 2018, ALJ Clark S. Cheney issued Order No. 5 in Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1136).

By way of background, this investigation is based on a September 10, 2018 complaint filed by Fisher & Paykel Healthcare Ltd. of New Zealand 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 obstructive sleep apnea treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 9,974,914. See our September 10, 2018 and October 8, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Sets Procedural Schedule In Certain Semiconductor Lithography Systems (337-TA-1137)

By Eric Schweibenz
|
Nov
26
On November 26, 2018, ALJ Dee Lord issued Order No. 4 in Certain Semiconductor Lithography Systems and Components Thereof (337-TA-1137).

By way of background, this investigation is based on a September 12, 2018 complaint filed by ASML Netherlands B.V. of the Netherlands, ASML US, L.P. of Chandler, Arizona, and ASML US, LLC of Chandler, Arizona 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 lithography systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,295,283; 7,403,264; and 9,188,880. See our September 12, 2018 and October 10, 2018 posts for more details on the complaint and Notice of Investigation, respectively.
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