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ALJ Gildea Issues Claim Construction Order In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876)

By Eric Schweibenz
|
Feb
24
On February 5, 2014, ALJ E. James Gildea issued the public version of Order No. 53 (dated January 29, 2014) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same (Inv. No. 337-TA-876).  Due to its large electronic size, we have split Order No. 53 into part 1, part 2, and part 3. 

By way of background, the investigation is based on a complaint filed by STMicroelectronics, Inc. (“STM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain microelectromechanical systems (“MEMS devices”) and products containing same that infringe one or more claims of U.S. Patent Nos. 7,450,332 (the ‘332 patent); 7,409,291 (the ‘291 patent); 6,928,872 (the ‘872 patent); 6,370,954 (the ‘954 patent); and 6,034,419 (the ‘419 patent).  The Respondents are InvenSense, Inc.; Roku, Inc.; and Black & Decker (U.S.), Inc.  See our March 12, 2013 and April 10, 2013 posts for more details on STM’s complaint and the Notice of Investigation for this matter, respectively. 
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ALJ Gildea Issues Claim Construction Order In Certain Consumer Electronics With Display and Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
Mar
13
On March 6, 2014, ALJ E. James Gildea issued the public version of Order No. 52 in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884). 

By way of background, the investigation is based on a complaint filed by Graphics Properties Holding Inc. (“GPH”) alleging a violation of Section 337 in the importation into the U.S., sale of importation into the U.S., or sale after importation into the U.S. of certain consumer electronics with display and processing capabilities that infringe one or more claims of U.S. Patent Nos. 6,650,327 (the ‘327 patent), 8,144,158 (the ‘158 patent), and 5,717,881 (the ‘881 patent) by numerous Respondents.  See our May 21, 2013 and June 24, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Gildea Issues Claim Construction Order In Certain Silicon Microphone Packages And Products Containing Same (337-TA-888)

By Eric Schweibenz
|
May
09
On May 8, 2014, ALJ E. James Gildea issued the public version of Order No. 34 (dated April 15, 2014) in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).

By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“Knowles”) alleging a violation of Section 337 by Respondents GoerTek, Inc. and GoerTek Electronics, Inc. (collectively, “GoerTek”) in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same that infringe, or that are made by a process that infringes, one or more claims of U.S. Patent Nos. 7,439,616 (the ‘616 patent), 8,018,049 (the ‘049 patent), and 8,121,331 (the ‘331 patent).  See our June 25, 2013 and July 24, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Bullock Issues Claim Construction Order In Certain Antivenom Compositions (337-TA-903)

By Eric Schweibenz
|
Jun
05
On June 3, 2014, Chief ALJ Charles E. Bullock issued the public version of Order No. 23 (dated May 21, 2014) in Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903).  In the Order, ALJ Bullock construed various claim terms in the asserted U.S. Patent No. 8,048,414 (the ‘414 patent).

By way of background, the investigation is based on an October 20, 2013 complaint filed by BTG International Inc. (“BTG”) alleging violations of Section 337 in the importation into the U.S. and sale of certain antivenom compositions and products containing the same that infringe one or more claims of the ‘414 patent.  See our November 1, 2013 and December 2, 2013 posts for more details on the complaint and the Notice of Investigation, respectively.  The remaining Respondents are Laboratorios Silanes S.A. de C.V., Instituto Bioclon S.A. de C.V., The Silanes Group, and Rare Disease Therapeutics, Inc. (collectively, “Respondents”).  A Markman hearing was held in the investigation on April 10, 2014. 
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ALJ Pender Issues Claim Construction Order In Certain Wireless Devices, Including Mobile Phones and Tablets II (337-TA-905)

By Eric Schweibenz
|
Jun
12
On June 3, 2014, ALJ Thomas B. Pender issued Order No. 14 (dated June 2, 2014) in Certain Wireless Devices, Including Mobile Phones and Tablets II (Inv. No. 337-TA-905).

By way of background, this investigation is based on a complaint filed by Pragmatus Mobile, LLC (“Pragmatus”) alleging violations of Section 337 in the importation into the U.S. and sale of certain wireless devices, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 8,149,124 (the ’124 patent) and 8,466,795 (the ’795 patent).  See our December 19, 2013 and January 23, 2014 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Bullock Issues Claim Construction Order In Certain Flash Memory Chips (337-TA-893)

By Eric Schweibenz
|
Aug
11
On July 21, 2014, Chief ALJ Charles E. Bullock issued Order No. 31 (dated July 3, 2014) construing the disputed claim terms of the asserted patents in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-893).  Due to the size of the order, we have split the document into part 1, part 2, and part 3. 

By way of background, the investigation is based on a complaint filed by Spansion LLC ("Spansion") alleging violation of Section 337 by Macronix International Co., Ltd.; Macronix America, Inc.; Macronix Asia Limited; Macronix (Hong Kong) Co., Ltd.; Acer Inc.; Acer America Corporation; ASUSTek Computer Inc.; Asus Computer International (America); Belkin International, Inc.; D-Link Corporation; D-Link System, Inc.; Netgear Inc.; Nintendo Co., Ltd.; and Nintendo of America, Inc. (collectively, "Respondents") in the importation into the U.S. and sale of certain flash memory chips and downstream products containing the same that infringe one or more claims of U.S. Patent Nos. 6,369,416 (the '416 patent); 6,900,124 (the '124 patent); 7,018,922 (the '922 patent); 6,459,625 (the '625 patent); 7,151,027 (the '027 patent); and 6,731,536 (the '536 patent).  See our August 5, 2013 and September 9, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Issues Claim Construction Order In Certain Hemostatic Products (337-TA-913)

By Eric Schweibenz
|
Sep
03
On August 26, 2014, Chief ALJ Charles E. Bullock issued Order No. 9 construing the disputed claim terms of the asserted patents in Certain Hemostatic Products and Components Thereof (Inv. No. 337-TA-913).

By way of background, this investigation is based on a complaint filed by Baxter International Inc., Baxter Healthcare Corporation, and Baxter Healthcare SA (collectively, "Baxter") alleging violation of Section 337 by Ethicon, Inc. and Ferrosan Medical Devices A/S (collectively, "Respondents") in the importation into the U.S. and sale of certain hemostatic products that infringe one or more claims of U.S. Patent Nos. 8,303,981 (the '981 patent); 8,512,729 (the '729 patent); 6,066,325 (the '325 patent); 8,357,378 (the '378 patent); and 8,603,511 (the '511 patent).  See our March 5, 2014 and April 4, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Issues Claim Construction Order In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Sep
16
On August 21, 2014, ALJ Thomas B. Pender issued Order No. 9 construing the disputed claim terms of the asserted patent in Certain Earpiece Devices Having Positioning and Retaining Structure and Components Thereof (Inv. No. 337-TA-912).

By way of background, this investigation is based on a February 26, 2014 complaint filed by Bose Corp. ("Bose") alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. (collectively, "Monster") by way of importation into the U.S. and sale of certain earpiece devices having positioning and retaining structure and components thereof that infringe one or more claims of U.S. Patent No. 8,311,253.  See our February 27, 2014 and March 31, 2014 posts for more details on Bose's complaint and the Notice of Investigation, respectively.
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ALJ Bullock Issues Claim Construction Order In Certain Vision-Based Driver Assistance System Cameras (337-TA-899)

By Eric Schweibenz
|
Nov
13
On October 9, 2014, Chief ALJ Charles E. Bullock issued Order No. 13 construing the disputed claim terms of the asserted patents in Certain Vision-Based Driver Assistance System Cameras and Components Thereof (Inv. No. 337-TA-899).

By way of background, this investigation is based on a September 20, 2013 complaint filed by TRW Automotive U.S. LLC ("TRW") alleging violation of Section 337 by Magna Electronics, Inc. ("Magna") by way of importation into the U.S. and sale of certain vision-based driver assistance system cameras that infringe one or more claims of U.S. Patent No. 6,807,287.  See our September 24, 2013 and November 8, 2013 posts for more details on TRW's complaint and the Notice of Investigation, respectively.
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ALJ Pender Issues Claim Construction Order In Certain Devices Containing Non-Volatile Memory (337-TA-922)

By Eric Schweibenz
|
Jan
23
On January 14, 2015, ALJ Thomas B. Pender issued Order No. 10 construing the disputed claim terms of the asserted patents in Certain Devices Containing Non-Volatile Memory and Products Containing the Same (Inv. No. 337-TA-922).  Due to the size of the order, we have split the order into part 1, part 2, and part 3.

By way of background, this investigation is based on a June 27, 2014 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. (collectively, "Macronix") alleging violation of Section 337 in the importation into the U.S. and sale of certain devices containing non-volatile memory and products containing the same that infringe one or more claims of U.S. Patent Nos. 5,998,826 ("the '826 patent"); 6,031,757 ("the '757 patent"); 8,341,324 ("the '324 patent"); and 8,341,330 ("the '330 patent").  See our June 30, 2014 and August 4, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Issues Claim Construction Order in Certain Variable Valve Actuation Devices (337-TA-954)

By Eric Schweibenz
|
Dec
02
On October 26, 2015, ALJ Theodore R. Essex issued the public version of Order No. 9 (dated October 8, 2015) construing terms of the asserted patent claims in Certain Variable Valve Actuation Devices and Automobiles Containing the Same (Inv. No. 337-TA-954).

By way of background, this investigation is based on a March 10, 2015 complaint filed by Jacobs Vehicle Systems Inc. (“JVS”) naming as respondents FCA US LLC, FCA Mexico, S.A. de C.V., FCA Melfi S.p.A., FCA Serbia d.o.o. Kragujevac, and Fiat Chrysler Automobiles N.C. (collectively, “FCA”). The complaint alleges violations of Section 337 in the importation into the U.S. and sale of variable valve actuation devices and automobiles containing the same that infringe one or more claims of U.S. Patent Nos. 5,829,397; 6,474,277 (the ’277 patent); 6,883,492; 7,059,282 (the ’282 patent); 8,776,738; and 8,820,276 (the ’276 patent).  See our March 16, 2015 and April 13, 2015 posts for more details on the complaint and notice of investigation, respectively.  A Markman hearing was held on August 25, 2015 regarding the interpretation of certain claim terms of the ’277 patent, ’282 patent, and ’276 patent.
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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 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 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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ITC Issues Opinion Construing Claim Terms In Certain Automated Teller Machines (337-TA-972)

By Eric Schweibenz
|
Feb
01
On January 30, 2017, the International Trade Commission (“Commission”) issued its opinion construing two terms of U.S. Patent No. 6,082,616 (“the ’616 patent”) in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-972).
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ALJ Pender Issues Claim Construction Order In Certain Sleep-Disordered Breathing Treatment Mask Systems (337-TA-1022)

By Eric Schweibenz
|
Mar
06
On March 1, 2017, ALJ Thomas B. Pender issued Order No. 9 construing terms of the asserted patents in Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof (337-TA-1022).

By way of background, this investigation is based on complaint filed by ResMed Corp., ResMed Inc., and ResMed Ltd. (collectively, “ResMed”) alleging violation of Section 337 by Respondents Fisher & Paykel Healthcare Limited, Fisher & Paykel Healthcare, Inc., and Fisher & Paykel Healthcare Distribution Inc. (collectively, “FPH”) in the unlawful importation, 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. 8,960,196 (“the ’196 patent”) and 9,119,931 (“the ’931 patent”). See our August 19, 2016 and September 23, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Issues Claim Construction Order In Certain Krill Oil Products (337-TA-1019)

By Eric Schweibenz
|
Apr
21
On April 13, 2017, ALJ Dee Lord issued Order No. 13 in Certain Krill Oil Products And Krill Meal For Production Of Krill Oil Products (Inv. No. 337-TA-1019) construing several terms at issue in the investigation.

By way of background, this investigation is based on an August 12, 2016 complaint filed by Aker BioMarine Antarctic AS and Aker BioMarine Manufacturing, 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 certain krill oil products and krill meal for production of krill oil products that infringe one or more claims of U.S. Patent Nos. 9,028,877; 9,078,905; 9,072,752; 9,320,765; and 9,375,453. See our August 17, 2016 and September 14, 2016 posts for more details on the complaint and Notice of Investigation, respectively. U.S. Patent No. 9,078,905 was subsequently withdrawn from the Investigation.
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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.