ALJ Pender

ALJ Pender Issues Claim Construction Order In Certain Table Saws Incorporating Active Injury Mitigation Technology (337-TA-965)

By Eric Schweibenz
|
Feb
18
On February 10, 2016, ALJ Thomas B. Pender issued Order No. 7 in Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof (Inv. No. 337-TA-965).

By way of background, this investigation is based on a July 16, 2015 complaint filed by SawStop, LLC and SD3, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain certain table saws incorporating active injury mitigation technology and components thereof that infringe one or more claims of U.S. Patent Nos. 7,225,712; 7,600,455; 7,610,836; 7,895,927; 8,011,279; and 8,191,450.  See our July 16, 2015 and August 28, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Grants Motion To Terminate Investigation As To Lenovo In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Feb
29
On February 23, 2016, ALJ Thomas B. Pender issued Order No. 36 in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. (“Andrea”) alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Issues Notice Finding Violation Of Section 337 By Umicore In Certain Lithium Metal Oxide Cathode Materials (337-TA-951)

By Eric Schweibenz
|
Mar
01
On February 29, 2016, ALJ Thomas B. Pender issued a notice of the Initial Determination on Violation of Section 337 (“ID”) in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, and Power Tool Products with Lithium-Ion Batteries Containing Same (Inv. No. 337-TA-951).

By way of background, this investigation is based on a February 20, 2015 complaint filed by BASF Corp. and UChicago Argonne LLC alleging violation of Section 337 in the importation into the U.S., sale for importation, and/or sale within the U.S. after importation of certain lithium metal oxide cathode materials, lithium-ion batteries containing same, and products with lithium-ion batteries containing same that infringe one or more claims of U.S. Patent Nos. 6,677,082 and 6,680,143.  See our February 23, 2015 and April 1, 2015 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Pender Grants Motion To Terminate Investigation As To Conexant Systems In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Mar
08
On March 7, 2016, ALJ Thomas B. Pender issued Order No. 37 in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. (“Andrea”) alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Grants Motion To Terminate Investigation As To Toshiba In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Mar
22
On March 18, 2016, ALJ Thomas B. Pender issued Order No. 39 in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. (“Andrea”) alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 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 Height-Adjustable Desk Platforms (337-TA-992)

By Eric Schweibenz
|
May
04
On May 4, 2016, ALJ Thomas B. Pender issued Order No. 3 in Certain Height-Adjustable Desk Platforms and Components Thereof (Inv. No. 337-TA-992).

By way of background, this investigation is based on a March 18, 2016 complaint filed by Varidesk LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain height-adjustable desk platforms and components thereof that infringe one or more claims of U.S. Patent Nos. 9,113,703 and 9,277,809.  See our March 18, 2016 and April 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Strikes New Invalidity Contentions In Certain Table Saws (337-TA-965)

By Eric Schweibenz
|
May
25
On May 16, 2016, ALJ Thomas B. Pender issued Order No. 16 granting Complainants SawTop, LLC and SD3, LLC’s (collectively, “SawTop”) emergency motion to strike new invalidity contentions from Respondent Robert Bosch Gmbh and Robert Bosch Tool Corporation’s (collectively, “Bosch”) in Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof (Inv. No. 337-TA-965).

By way of background, this investigation is based on a July 16, 2015 complaint filed by SawStop, LLC and SD3, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain certain table saws incorporating active injury mitigation technology and components thereof that infringe one or more claims of U.S. Patent Nos. 7,225,712; 7,600,455; 7,610,836; 7,895,927; 8,011,279; and 8,191,450.  See our July 16, 2015 and August 28, 2015 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 Passenger Vehicle Automotive Wheels (337-TA-1006)

By Eric Schweibenz
|
Jul
14
On July 8, 2016, ALJ Thomas B. Pender issued Order No. 4 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 Pender Issues Claim Construction Order In Certain Computing Or Graphics Systems (337-TA-984)

By Eric Schweibenz
|
Jul
21
On July 15, 2016, ALJ Thomas B. Pender issued Order No. 42 construing disputed terms of the asserted patents 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 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 Pender Issues Notice Of Initial Determination Finding That Bosch Violated Section 337 In Certain Table Saws (337-TA-965)

By Eric Schweibenz
|
Sep
13
On September 9, 2016, ALJ Thomas B. Pender issued a notice of the Initial Determination on Violation of Section 337 in Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof (Inv. No. 337-TA-965).

By way of background, this investigation is based on a July 16, 2015 complaint filed by SawStop, LLC and SD3, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain certain table saws incorporating active injury mitigation technology and components thereof that infringe one or more claims of U.S. Patent Nos. 7,225,712; 7,600,455; 7,610,836; 7,895,927; 8,011,279; and 8,191,450.  See our July 16, 2015 and August 28, 2015 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 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 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 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 Pender Sets Target Date For Remand Investigation In Certain Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
|
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 Pender Issues Final Initial Remand Determination Of No Violation In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
|
Dec
08
On November 29, 2016, ALJ Thomas B. Pender issued the public version (dated November 10, 2016) of the Final Initial Remand Determination on Remand (“RID”) of no violation in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

By way of background, the investigation is based on a complaint filed by ResMed Corporation, ResMed Incorporated, and ResMed Limited (collectively, “ResMed”) alleging violation of Section 337 by Respondents BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, L.L.C. (collectively, “BMC”) in the importation and/or sale of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more claims of various patents. See our July 22, 2013 and August 20, 2013 posts for more details on the complaint and the Notice of Investigation, respectively. On August 22, 2014, ALJ Pender issued a notice of his Initial Determination (“ID:) finding a violation of Section 337 with respect to U.S. Patent Nos. 7,178,527 (“the ’527 patent”); 7,950,392 (“the ’392 patent”); 7,997,267 (“the ’267 patent”); 7,341,060 (“the ’060 patent”); 8,312,883 (“the ’883 patent”); and RE 44,453 (“the ’453 patent”). ALJ Pender further determined that there was no violation with respect to U.S. Patent No. 7,926,487 (“the ’487 patent”). See our August 25, 2014 post for more details regarding the ID. On December 23, 2014, the Commission affirmed the finding of a violation of Section 337 for several of the asserted patents and issued (1) a limited exclusion order and (2) cease-and-desist orders directed to the domestic respondents. See our December 30, 2014 post for more details regarding the Commission’s determination.
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