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ALJ Shaw

ALJ Shaw Grants Motions To Terminate In Certain Toner Cartridges (337-TA-918)

By Eric Schweibenz
|
Mar
11
On March 3-4, 2015, ALJ David P. Shaw issued Order Nos. 28-31 in Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-918).

By way of background, this investigation is based on a May 7, 2014 complaint filed by Canon Inc.; Canon U.S.A., Inc.; and Canon Virginia, Inc. (collectively, "Canon") alleging violation of Section 337 in the importation into the U.S. and sale of certain toner cartridges and components thereof, namely photosensitive drum units, that infringe one or more claims of U.S. Patent Nos. 8,280,278; 8,630,564; 8,682,215; 8,676,090; 8,369,744; 8,565,640; 8,676,085; 8,135,304; and 8,688,008.  See our May 8, 2014 and June 11, 2014 posts for more details on the complaint and the notice of investigation, respectively.
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ALJ Shaw Grants Non-Party Motion To Quash Subpoena In Certain Dental Implants (337-TA-934)

By Eric Schweibenz
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Mar
17
On March 12, 2015, ALJ David P. Shaw issued Order No. 11 in Certain Dental Implants (Inv. No. 337-TA-934).

By way of background, this investigation is based on a September 25, 2014 complaint filed by Nobel Biocare Services AG and Nobel Biocare USA, LLC (collectively, "Nobel") alleging that Respondents Instradent USA, Inc., formerly known as Neodent USA, Inc., and JJGC Industria e Comercio de Materiais Dentarios S/A (collectively, "Neodent") violated Section 337 in the importation into the U.S. and sale of certain dental implants that infringe one or more claims of U.S. Patent Nos. 8,714,977 and 8,764,443.  See our September 29, 2014 and October 22, 2014 posts for more details on the complaint and the notice of investigation, respectively.
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ALJ Shaw Denies Joint Motion to Stay in Certain Incremental Dental Positioning Adjustment Appliances (337-TA-562)

By Eric Schweibenz
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Mar
31
On March 17, 2015, ALJ David P. Shaw issued Order No. 75 in the enforcement proceeding relating to Certain Incremental Dental Positioning Appliances and Methods of Producing Same (Inv. No. 337-TA-562).

By way of background, the International Trade Commission ("the Commission") instituted the underlying investigation on February 9, 2006 based on Align Technology, Inc.'s ("Align") complaint of January 11, 2006. The underlying complaint named OrthoClear, Inc., OrthoClear Holdings, Inc., and OrthoClear Pakistan Pvt, Ltd. (collectively, "OrthoClear") as Respondents.  The investigation was terminated based on the parties' joint motion, and the presiding ALJ entered a consent order, which the Commission elected not to review on November 13, 2006.
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ALJ Shaw Grants Joint Motion To Terminate In Certain Incremental Dental Positioning Adjustment Appliances (337-TA-562)

By Eric Schweibenz
|
Apr
22
On April 8, 2015, ALJ David P. Shaw issued Order No. 76 in the enforcement proceeding relating to Certain Incremental Dental Positioning Appliances and Methods of Producing Same (Inv. No. 337-TA-562).

By way of background, the International Trade Commission ("the Commission") instituted the underlying investigation on February 9, 2006 based on Align Technology, Inc.'s ("Align") complaint of January 11, 2006.  The underlying complaint named OrthoClear, Inc., OrthoClear Holdings, Inc., and OrthoClear Pakistan Pvt, Ltd. (collectively, "OrthoClear") as Respondents.  The investigation was terminated based on the parties' joint motion, and the presiding ALJ entered a consent order, which the Commission elected not to review on November 13, 2006.
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ALJ Shaw Rules On Discovery Motions In Certain Dental Implants (337-TA-934)

By Eric Schweibenz
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Apr
27
On March 26, 2015, ALJ David P. Shaw issued Order Nos. 16 and 17 in Certain Dental Implants (Inv. No. 337-TA-934).

By way of background, this investigation is based on a September 25, 2014 complaint filed by Nobel Biocare Services AG and Nobel Biocare USA, LLC (collectively, "Nobel") alleging that Respondents Instradent USA, Inc., formerly known as Neodent USA, Inc., and JJGC Industria e Comercio de Materiais Dentarios S/A (collectively, "Neodent") violated Section 337 in the importation into the U.S. and sale of certain dental implants that infringe one or more claims of U.S. Patent Nos. 8,714,977 (the '977 patent) and 8,764,443.  See our September 29, 2014 and October 22, 2014 posts for more details on the complaint and the notice of investigation, respectively.
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ALJ Shaw Grants Motion To Quash Subpoena In Certain Graphics Processing Chips (337-TA-941)

By Eric Schweibenz
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Jun
16
On May 26, 2015 ALJ David P. Shaw issued the public version of Order No. 8 (dated May 13, 2015) granting non-party Taiwan Semiconductor Manufacturing Company North America's ("TSMC NA") motion to quash a subpoena filed by Complainants in Certain Graphics Processing Chips, Systems On A Chip, And Products Containing the Same (Inv. No. 337-TA-941).

By way of background, this investigation is based on a November 21, 2014 complaint filed by Samsung Electronics Co., Ltd. of South Korea and Samsung Austin Semiconductor, LLC of Austin, Texas (collectively, "Samsung") alleging violation of Section 337 in the importation into the U.S. and sale of certain graphics processing units ("GPUs"), systems on a chip ("SoCs"), and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,147,385; 6,173,349; 7,056,776; and 7,804,734.  See our November 26, 2014 and December 24, 2014 posts for more details on the complaint and Notice of Investigation.
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ALJ Shaw Grants Motion To Terminate Investigation In Certain Formatted Magnetic Data Storage Tapes (337-TA-931)

By Eric Schweibenz
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Jun
29
On June 29, 2015, ALJ David P. Shaw issued Order No. 19 in Certain Formatted Magnetic Data Storage Tapes and Cartridges Containing the Same (Inv. No. 337-TA-931).

By way of background, this investigation is based on an August 22, 2014 complaint and a September 8, 2014 supplement to the complaint filed by Advanced Research Corp. ("ARC") alleging violation of Section 337 in the importation into the U.S. and sale of certain formatted magnetic data storage tapes and cartridges containing the same that infringe one or more claims of U.S. Patent Nos. 7,525,761; 7,948,705; 8,254,052; 8,437,103; and 8,542,457.  See our August 25, 2014 and September 25, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Issues Notice Finding No Violation Of Section 337 In Certain Marine Sonar Imaging Devices, Including Downscan And Sidescan Devices (337-TA-921)

By Eric Schweibenz
|
Jul
02
On July 2, 2015, ALJ David P. Shaw issued a notice of the Initial Determination ("ID") in Certain Marine Sonar Imaging Devices, Including Downscan And Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921).

By way of background, this investigation is based on a June 9, 2014 complaint filed by Navico, Inc. and Navico Holding AS 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; 8,300,499; and 8,605,550.  See our June 10, 2014 and July 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets 2-Month Target Date In Certain Toner Supply Containers (337-TA-960)

By Eric Schweibenz
|
Aug
06
On August 4, 2015, ALJ David P. Shaw issued Order No. 3 in Certain Toner Supply Containers and Components Thereof (Inv. No. 337-TA-960).

The investigation is based on a June 12, 2015 complaint filed by Canon Inc., Canon U.S.A., Inc., and Canon Virginia, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain toner supply containers and components thereof that infringe one or more claims of U.S. Patent Nos. 8,909,094 and 9,046,820.  See our June 12, 2015 and July 10, 2015 posts on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Grants Motion To Terminate Investigation In Certain Toner Supply Containers (337-TA-960)

By Eric Schweibenz
|
Aug
07
On August 4, 2015, ALJ David P. Shaw issued Order No. 4 in Certain Toner Supply Containers and Components Thereof (Inv. No. 337-TA-960).

The investigation is based on a June 12, 2015 complaint filed by Canon Inc. of Japan, Canon U.S.A., Inc. of Melville, New York, and Canon Virginia, Inc. of Newport News, Virginia alleging violation of Section 337 in the importation into the U.S. and sale of certain toner supply containers and components thereof that infringe one or more claims of U.S. Patent Nos. 8,909,094 and 9,046,820.  See our June 12, 2015 and July 10, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Denies Motion For Summary Determination In Certain Network Devices (337-TA-944)

By Eric Schweibenz
|
Sep
25
On September 8, 2015, ALJ David P. Shaw issued Order No. 25 in Certain Network Devices, Related Software and Components Thereof (I) (Inv. No. 337-TA-944).

By way of background, this investigation is based on a December 19, 2014 complaint and January 8, 2015 supplement to the complaint filed by Cisco Systems, Inc. ("Cisco") alleging violation of Section 337 in the importation into the U.S. and sale of certain networking equipment and components and software thereof that infringe one or more claims of U.S. Patent Nos. 7,162,537; 8,356,296; 7,290,164; 7,340,597; 6,741,592; and 7,200,145.  See our December 29, 2014 and February 5, 2015posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Issues Order Regarding Ericsson Motion to Compel Source Code From Apple In Certain Electronic Devices (337-TA-952)

By Eric Schweibenz
|
Sep
28
On September 11, 2015, ALJ David P. Shaw issued the public version of Order No. 20(dated August 17, 2015) in Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras (Inv. No. 337-TA-952).

By way of background, this investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. alleging violation by Apple Inc. a/k/a Apple Computer Inc. of Section 337 in the importation into the U.S. and sale of certain wireless standard compliant electronic devices, including communication devices and tablet computers that infringe one or more claims of U.S. Patent Nos. 8,717,996; 8,660,270; 6,058,359; 6,301,556; 8,102,805; 8,607,130; 8,837,381; and 8,331,476.  See our March 2, 2015 and April 2, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Issues Order Regarding Ericsson’s Motion to Compel in Certain Electronic Devices (337-TA-952)

By Eric Schweibenz
|
Sep
29
On September 11, 2015, ALJ David P. Shaw issued the public version of Order No. 21(dated August 28, 2015) in Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras (Inv. No. 337-TA-952).

By way of background, this investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. alleging violation by Apple Inc. a/k/a Apple Computer Inc. of Section 337 in the importation into the U.S. and sale of certain wireless standard compliant electronic devices, including communication devices and tablet computers that infringe one or more claims of U.S. Patent Nos. 8,717,996; 8,660,270; 6,058,359; 6,301,556; 8,102,805; 8,607,130; 8,837,381; and 8,331,476.  See our March 2, 2015and April 2, 2015posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets 15-Month Target Date In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Oct
13
On September 25, 2015, ALJ David P. Shaw issued Order No. 5 in Certain Windscreen Wipers and Components Thereof (Inv. No. 337-TA-964).  Please note that Oblon represents the Respondents in this matter.

By way of background, this investigation is based on a July 20, 2015 complaint filed by Trico Products Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain windscreen wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 6,836,925 and 6,799,348.  See our July 20, 2015 and August 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule In Certain Windscreen Wipers (337-TA-964)

By Eric Schweibenz
|
Oct
19
On October 15, 2015, ALJ David P. Shaw issued Order No. 7 in Certain Windscreen Wipers and Components Thereof (Inv. No. 337-TA-964).  Please note that Oblon represents the Respondents in this matter.

By way of background, this investigation is based on a July 20, 2015 complaint filed by Trico Products Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain windscreen wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 6,836,925 and 6,799,348.  See our July 20, 2015 and August 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Denies Motion to Compel in Certain Electronic Devices (337-TA-952)

By Eric Schweibenz
|
Oct
28
On September 30, 2015, ALJ David P. Shaw issued the public version of Order No. 30 (dated September 17, 2015) in Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras (Inv. No. 337-TA-952).

By way of background, this investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”) alleging violation by Apple Inc. a/k/a Apple Computer Inc. of Section 337 in the importation into the U.S. and sale of certain electronic devices, including wireless communication devices, computers, tablet computers, and digital media players that infringe one or more claims of U.S. Patent Nos. 6,633,550, 6,157,620, 6,029,052, 8,812,059, 6,291,966, and 6,122,263.  See our March 2, 2015 and April 2, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Rules On Motion to Compel in Certain Electronic Devices (337-TA-952)

By Eric Schweibenz
|
Oct
30
On October 8, 2015, ALJ David P. Shaw issued the public version of Order No. 31 (dated September 22, 2015) in Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras (Inv. No. 337-TA-952).

By way of background, this investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”) alleging violation by Apple Inc. a/k/a Apple Computer Inc. of Section 337 in the importation into the U.S. and sale of certain electronic devices, including wireless communication devices, computers, tablet computers, and digital media players that infringe one or more claims of U.S. Patent Nos. 6,633,550, 6,157,620, 6,029,052, 8,812,059, 6,291,966, and 6,122,263.  See our March 2, 2015 and April 2, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Issues Notice of Initial Determination Finding Violation of Section 337 In Certain Dental Implants (337-TA-934)

By Eric Schweibenz
|
Nov
13
On October 27, 2015, ALJ David P. Shaw issued a notice of the Initial Determination (“ID”) in Certain Dental Implants (Inv. No. 337-TA-934).

By way of background, this investigation is based on a September 25, 2014 complaint filed by Nobel Biocare Services AG and Nobel Biocare USA, LLC (collectively, “Nobel”) alleging violation of Section 337 in the importation into the U.S. and sale of certain dental implants that infringe one or more claims of U.S. Patent Nos. 8,714,977 and 8,764,443.  See our September 29, 2014 and October 22, 2014 posts for more details on the complaint and the notice of investigation, respectively.
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ALJ Shaw Sets 15.5-Month Target Date In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Nov
16
On November 10, 2015, ALJ David P. Shaw issued Order No. 5 in Certain Radiotherapy Systems And Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG alleging violation of Section 337 in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021; 8,116,430; 8,867,703; 7,880,154; 7,906,770; and 8,696,538.  See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Sets Procedural Schedule In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Dec
01
On November 25, 2015, ALJ David P. Shaw issued Order No. 8 in Certain Radiotherapy Systems And Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG alleging violation of Section 337 in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021; 8,116,430; 8,867,703; 7,880,154; 7,906,770; and 8,696,538.  See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important ITC issues. These postings are in no way representative of the opinions of the Oblon firm, or its clients, but rather the personal views of the individual authors.