Commission Notices

ITC Grants Stay Of Cease And Desist Orders Pending Federal Circuit Appeal In Certain Digital Models, Digital Data, And Treatment Plans For Use In Making Incremental Dental Positioning Adjustment Appliances (337-TA-833)

By Eric Schweibenz
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Jun
04
On June 2, 2014, the International Trade Commission (the “Commission”) issued a notice determining to grant a motion filed by the Respondents to stay the cease and desist orders issued by the Commission in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same (Inv. No. 337-TA-833). By way of background, the Complainant in this investigation is Align Technology, Inc. (“Align”), and the Respondents are ClearCorrect Operating, LLC (“CCUS”) and ClearCorrect Pakistan (Private), Ltd. (“CCPK”) (collectively, the “Respondents”).  The asserted patents are U.S. Patent Nos. 6,217,325 (the ‘325 patent), 6,722,880 (the ‘880 patent), 8,070,487 (the ‘487 patent), 6,471,511 (the ‘511 patent), 6,626,666 (the ‘666 patent), 6,705,863 (the ‘863 patent), and 7,134,874 (the ‘874 patent) (collectively, the “asserted patents”). On May 6, 2013, former ALJ Robert K. Rogers, Jr. issued an Initial Determination (“ID”) in the investigation.  In the ID, ALJ Rogers found that Respondents had violated Section 337 with respect to the ‘325, ‘880, ‘487, ‘511, ‘863, and ‘874 patents.  However, the ALJ found no violation with respect to the ‘666 patent.  The ALJ also recommended the issuance of cease and desist orders directed to the Respondents.  See our June 24, 2013 post for more details on the ID. On July 25, 2013, the Commission determined to review the ID in its entirety and requested briefing on the issues on review and on remedy, the public interest, and bond.  See our January 27, 2014 post for more details.  In its opinion, the Commission determined to affirm-in-part, modify-in-part, and reverse-in-part the ID and to find a violation of Section 337.  In particular, the Commission affirmed the ALJ’s conclusion that the accused products are “articles” within the meaning of Section 337(a)(1)(B) and that the mode of bringing the accused products into the U.S. constitutes importation of the accused products into the U.S. pursuant to Section 337(a)(1)(B).  The Commission further determined to find a violation of Section 337 with respect to (i) claims 1 and 4-8 of the ‘863 patent; (ii) claims 1, 3, 7, and 9 of the ‘666 patent; (iii) claims 1, 3, and 5 of the ‘487 patent; (iv) claims 21, 30, 31, and 32 of the ‘325 patent; and (v) claim 1 of the ‘880 patent.  The Commission also determined to issue cease and desist orders directed to the Respondents, with an exemption for activities related to treatment of existing patients in the U.S.  See our April 24, 2014 post for more details. According to the June 2 notice, on May 2, 2014, the Respondents filed a motion to stay the cease and desist orders pending appeal.  Align and the Commission Investigative Attorney filed oppositions to the motion.  After considering the motions and reviewing relevant portions of the record, the Commission determined to grant the motion, staying the cease and desist orders through the issuance of a mandate by the U.S. Court of Appeals for the Federal Circuit.
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ITC Finds No Violation Of Section 337 In Certain Compact Fluorescent Reflector Lamps (337-TA-872)

By Eric Schweibenz
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Jun
05
On June 3, 2014, the International Trade Commission (“the Commission”) issued a notice in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872).  In the notice, the Commission determined that no violation of Section 337 has occurred in this matter and terminated the investigation.  By way of background, the investigation is based on a complaint filed by Andrzej Bobel and Neptun Light, Inc. (collectively, “Neptun”) alleging violation of Section 337 in the importation into the U.S. and sale of certain compact fluorescent reflector lamps (“reflector CFLs”), and products and components containing same, that infringe claims 1, 2, 10, and 11 of U.S. Patent No. 7,053,540 (the ‘540 patent).  See our January 30, 2013 and March 1, 2013 posts for more details on Neptun’s complaint and the Notice of Investigation, respectively.  On February 3, 2014, ALJ Shaw determined that Respondents importation and sale of certain reflector CFLs infringed asserted claims 1, 2, 10, and 11.  See our March 14, 2014 post for more details on the public version of the ID.  On April 8, 2014, the Commission issued a notice determining to review several of ALJ Shaw’s findings.  See our April 10, 2014 post for more details on the notice. According to the June 3, 2014 notice, the Commission determined that Neptun has not proven a violation of Section 337.  Specifically, the Commission determined “to reject the ALJ’s construction of ‘mating opening,’ and to reverse the ALJ’s findings of infringement.”  The Commission also took no position on whether Neptun satisfied the economic prong of the domestic industry requirement.  The Commission further noted that “[a]ll other findings in the ID that are consistent with the Commission’s determinations are affirmed.”  Lastly, the Commission noted that an opinion will issue shortly.
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ITC Issues $6.2 Million Dollar Civil Penalty For Consent Order Violation In Certain Two-Way Global Satellite Communication Devices (337-TA-854)

By Eric Schweibenz
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Jun
13
On June 9, 2014, the International Trade Commission (“the Commission”) issued a notice and order in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854) determining to impose a civil penalty on Respondents in the amount of $6,242,500. By way of background, the Commission instituted the underlying investigation on September 18, 2012 based on BriarTek IP, Inc.’s (“BriarTek”) complaint of August 17, 2012.  See our September 19, 2012 post for more details.  On March 15, 2013, former ALJ Robert K. Rogers, Jr. granted a motion by DeLorme Publishing Co., Inc. and DeLorme InReach, LLC (collectively, “DeLorme”) to terminate the investigation and for entry of a proposed consent order (“the consent order”).  See our March 19, 2013 post for more details.  In the consent order, DeLorme agreed that it would not import or sell two-way global satellite communication devices, systems, or components thereof that infringe BriarTek’s U.S. Patent No. 7,991,380 (the ‘380 patent) after April 1, 2013.  On April 10, 2013, BriarTek filed an enforcement complaint alleging that DeLorme violated the consent order.  See our April 11, 2013 post for more details. In the enforcement initial determination (“EID”), ALJ Dee Lord found that DeLorme had violated the consent order with respect to its sale after importation of accused components of the InReach 1.5 device.  However, the ALJ found no violation of the consent order with respect to the InReach SE device.  ALJ Lord also found no violation with respect to activation of InReach devices after the effective date of the consent order, where those devices had been sold prior to the effective date of the consent order.  ALJ Lord further found that enforcement measures are appropriate for DeLorme’s violation of the consent order, and recommended a civil penalty of $637,500.  Seeour March 24, 2014 post for more details on the EID. According to the notice and order, on April 23, 2014, the Commission determined to review the EID in part, and on review, determined to reverse-in-part and vacate-in-part the EID’s findings.  Although the ALJ’s finding of a violation with respect to infringing InReach 1.5 devices was not reviewed, the Commission reversed the ALJ’s finding of no induced infringement and thus no violation of the Consent Order with respect to InReach SE devices and InReach devices sold before and activated after the effective date of the Consent Order.  The Commission requested briefing on the amount of the civil penalty to be imposed and on the public interest.  After reviewing the record, including the EID and the parties’ submissions, the Commission determined to impose a civil penalty of $6,242,500 on DeLorme for violation of the Consent Order on 227 separate days.  The Commission also terminated the enforcement proceeding.
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ITC Issues Public Version Of Opinion In Certain Cases For Portable Electronic Devices (337-TA-867/861)

By Ross Feldman
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Jul
18
On July 10, 2014, the International Trade Commission (“the Commission”) issued the public version of its opinion in Certain Cases For Portable Electronic Devices (Inv. Nos. 337-TA-867/861).

By way of background, the Commission instituted Inv. No. 337-TA-861 based on a complaint filed by Speculative Product Design, LLC (“Speck”) alleging violations of Section 337 by reason of infringement of various claims of U.S. Patent No. 8,204,561 (the ‘561 patent) by several respondents.  See our November 16, 2012 post for more details.  The Commission instituted Inv. No. 337-TA-867 based on a second complaint filed by Speck alleging violations of Section 337 by reason of infringement of various claims of the ‘561 patent by additional respondents.  See our January 29, 2013 post for more details.  The two investigations were consolidated on January 31, 2013.  All of the respondents that participated in the consolidated investigation were terminated from the investigation based upon consent order stipulations, settlement agreements, or withdrawal of the complaint. 
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ITC Decides To Review And Modify Initial Advisory Opinion In Certain Sleep-Disordered Breathing Treatment Systems And Components Thereof (337-TA-879)

By Ross Feldman
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Jul
23
On July 18, 2014, the International Trade Commission (the “Commission) issued a notice determining to review in its entirety the Initial Advisory Opinion (“IAO”) issued by ALJ E. James Gildea inCertain Sleep-Disordered Breathing Treatment Systems And Components Thereof (Inv. No. 337-TA-879) and to issue a Commission Advisory Opinion.

By way of background, this advisory opinion proceeding was initiated by Respondents Apex Medical Corp. and Apex Medical USA Corp. (collectively, “Apex”).  Apex sought an advisory opinion in order to confirm that their redesigned sleep-disordered breathing treatment systems are not covered by the consent order into which they previously entered.  See our December 16, 2013 post for more details on the ITC’s decision to institute this advisory opinion proceeding.  
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ITC Decides To Review ALJ Essex’s Finding Of No Section 337 Violation In Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)

By Eric Schweibenz
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Aug
18
On August 14, 2014, the International Trade Commission ("the Commission") issued a notice determining to review ALJ Theodore R. Essex's Initial Determination ("ID") finding no violation of Section 337 in Certain Wireless Devices With 3G And/Or 4G Capabilities and Components Thereof (Inv. 337-TA-868).

By way of background, the investigation in this matter is based on a January 2, 2013 complaint filed by InterDigital Communications, Inc., InterDigital Technology Corporation, IPR Licensing, Inc., and InterDigital Holdings, Inc. (collectively, "InterDigital") alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless devices with 3G and/or 4G capabilities and components thereof.  See our January 3, 2013 and February 1, 2013 posts for more details on the Complaint and Notice of Investigation, respectively. ALJ Essex issued his final ID on June 13, 2014, finding no violation of Section 337 as to U.S. Patent Nos. 7,190,966 (the '966 patent) and 7,286,847 (the '847 patent) (collectively, the "Power Ramp-Up Patents"), and U.S. Patent No. 7,941 ,151 (the '151 patent). InterDigital asserted claims 1, 3, 6, 8, and 9 of the '966 patent, claims 3 and 5 of the '847 patent, and independent claims 1 and 16 and dependent claims 2–6, 8–9, 17–21 and 23–24 of the '151 patent.
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ITC Grants Motion To Terminate Investigation As To Samsung In Certain Optical Disc Drives (337-TA-897)

By Eric Schweibenz
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Sep
10
On September 2, 2014, the International Trade Commission ("Commission") issued a notice in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897) terminating Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, "Samsung") from the investigation based on a settlement agreement.

By way of background, the investigation in this case is based on a September 3, 2013 complaint filed by Optical Devices, LLC ("Optical") alleging violation of Section 337 in the importation into the U.S. and sale of certain optical disc drives, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,904,007; 7,196,979; 8,416,651; RE40,927; RE42,913; and RE43,681.  See our September 6, 2013 and October 23, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Vacates Initial Determination Finding No Domestic Industry In Certain Optical Disc Drives (337-TA-897)

By Eric Schweibenz
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Sep
11
On September 3, 2014, the International Trade Commission ("Commission") issued a notice in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897) determining to vacate ALJ Dee Lord's initial determination granting Respondents' motion for summary determination that Complainant failed to satisfy the economic prong of the domestic industry requirement.

By way of background, this investigation is based on a September 3, 2013 complaint filed by Optical Devices, LLC ("Optical") alleging violation of Section 337 in the importation into the U.S. and sale of certain optical disc drives, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,904,007; 7,196,979; 8,416,651; RE40,927; RE42,913; and RE43,681.  See our September 6, 2013 and October 23, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Decides To Review In Part Initial Determination In Certain Digital Media Devices (337-TA-882)

By Eric Schweibenz
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Sep
18
On September 12, 2014, the International Trade Commission (the "Commission") issued a notice determining to review in part the Initial Determination ("ID") issued by ALJ David P. Shaw in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).

By way of background, this investigation was instituted on June 12, 2013 and is based on a May 13, 2013 complaint filed by Black Hills Media, LLC ("BHM") alleging violation of Section 337 in the importation into the U.S. and sale of certain digital media devices that infringe one or more claims of U.S. Patent Nos. 8,028,323; 8,214,873 (the '873 patent); 8,230,099; 8,045,952; 8,050,652 (the '652 patent) and 6,618,593 (the '593 patent).  See our May 16, 2013 and June 20, 2013 posts for more details on the complaint and the notice of investigation, respectively.
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ITC Decides To Review-In-Part ALJ Pender’s Initial Determination Finding A Violation Of Section 337 In Certain Crawler Cranes (337-TA-887)

By Eric Schweibenz
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Sep
26
On September 19, 2014, the International Trade Commission ("the Commission") issued a notice that it determined to review-in-part ALJ David P. Shaw's Initial Determination ("ID") finding a violation of Section 337 in Certain Crawler Cranes and Components Thereof (Inv. No. 337-TA-887).

By way of background, this investigation is based on a June 12, 2013 complaint filed by Complainant Manitowoc Cranes, LLC ("Manitowoc") alleging violation of Section 337 by Respondents Sany Heavy Industry Co., Ltd. and Sany America, Inc. (collectively, "Sany") in the importation into the U.S. and sale of certain crawler cranes and components thereof that infringe one or more claims of U.S. Patent Nos. 7,546,928 (the '928 patent) and 7,967,158, and that were designed and manufactured using Manitowoc's misappropriated trade secrets.  See our June 14, 2013 and July 15, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Decides to Review-In-Part Initial Determination In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
|
Nov
12
On October 30, 2014, the International Trade Commission ("the Commission") issued a notice determining to review-in-part ALJ E. James Gildea's final Initial Determination ("ID") finding a violation of Section 337 in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884).

By way of background, this investigation was instituted on June 25, 2013 based on a complaint filed by Complainant Graphics Properties Holdings, Inc. ("GPH") alleging violation of Section 337 by Respondents Panasonic Corporation and Panasonic Corporation of North America (collectively, "Panasonic"), Toshiba Corporation and Toshiba America Information Systems (collectively, "Toshiba"), Toshiba America, Inc. ("Toshiba America"), Vizio, Inc. ("Vizio"), AmTran Logistics, Inc. ("AmTran"), and ZTE Corporation, ZTE (USA) Inc., and ZTE Solutions (collectively, "ZTE") 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) (collectively, "the Asserted Patents").  See our May 21, 2013 and June 24, 2013 posts for more details on the complaint and Notice of Investigation, respectively.  The Commission later terminated the investigation with respect to Panasonic, Vizio, AmTran, and ZTE.  Additionally, the '881 patent was terminated from the investigation after ALJ Gildea granted respondents' motion for summary determination that claim 1 of the '881 patent was invalid for indefiniteness.
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ITC Determines To Modify-In-Part, Vacate-In-Part, And Remand Initial Determination Finding Lack Of Standing In Certain Optical Disc Drives (337-TA-897)

By Eric Schweibenz
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Dec
15
On December 4, 2014, the International Trade Commission ("Commission") issued a notice modifying-in-part and vacating-in-part ALJ Dee Lord's initial determination terminating the investigation based on Complainant's lack of standing, and issued an order remanding the investigation to the ALJ in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897).

By way of background, the investigation here is based on a September 3, 2013 complaint filed by Complainant Optical Devices, LLC ("Optical") alleging violation of Section 337 in the importation into the U.S. and sale of certain optical disc drives, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,904,007; 7,196,979; 8,416,651; RE40,927; RE42,913; and RE43,681.  See our September 6, 2013 and October 23, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Decides To Review Final Initial Determination In Certain Silicon Microphone Packages (337-TA-888)

By Eric Schweibenz
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Dec
18
On November 6, 2014, the International Trade Commission ("the Commission") issued a notice determining to review-in-part the final initial determination ("ID") 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) (collectively, the "asserted patents").  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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ITC Decides To Review Final Initial Determination Finding Spoliation And Imposing Sanctions In Certain Opaque Polymers (337-TA-883)

By Eric Schweibenz
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Dec
23
On December 16, 2014, the International Trade Commission ("the Commission") issued a notice determining to review the final initial determination ("ID") on sanctions in Certain Opaque Polymers (Inv. No. 337-TA-883).

By way of background, the investigation is based on a complaint filed by Rohm and Haas Company, Rohm and Haas Chemicals, and The Dow Chemical Company (collectively, "Dow") alleging violation of Section 337 in the importation into the U.S. and sale of certain opaque polymers that infringe one or more claims of U.S. Patent Nos. 6,020,435; 6,252,004; 7,435,783; and 7,803,878.  See our May 22, 2013 and June 20, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ITC Issues Final Determination And Remedial Orders In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
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Dec
30
On December 23, 2014, the International Trade Commission (the "Commission") issued a notice determining that a Section 337 violation has occurred in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890). The Commission also issued a limited exclusion order and cease and desist orders directed to domestic respondents.
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ITC Decides To Review Initial Determination In Certain Toner Cartridges (337-TA-918)

By Eric Schweibenz
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Jun
24
On June 24, 2015, the International Trade Commission (the "Commission") issued a notice determining to review-in-part an Initial Determination ("ID") issued by the ALJ 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.  On May 12, 2015, the ALJ issued an ID (Order No. 34) granting Canon's motion for summary determination of violation and recommending the issuance of a general exclusion order and several cease and desist orders.  No party petitioned for review of the ID.
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ITC Decides To Review Remand Determination In Certain 3G Mobile Handsets (337-TA-613)

By Eric Schweibenz
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Jun
25
On June 25, 2015, the International Trade Commission (the "Commission") issued a notice determining to review-in-part a remand initial determination ("RID") in Certain 3G Mobile Handsets and Components Thereof (Inv. No. 337-TA-613).

By way of brief background, the Commission instituted this investigation on September 11, 2007 based on a complaint filed by InterDigital Communications Corp. and InterDigital Technology Corporation (collectively "InterDigital").  The complaint, as amended, alleged violations of Section 337 in the importation and sale of certain 3G mobile handsets and components thereof that infringed certain claims of U.S. Patent Nos. 7,117,004; 7,190,966 (the '966 patent); 7,286,847 (the '847 patent); and 6,693,579.  The notice of investigation named Nokia Corp. and Nokia, Inc. (collectively, "Nokia") as Respondents.
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ITC Decides To Review Initial Determination In Certain Marine Sonar Imaging Systems (337-TA-926)

By Eric Schweibenz
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Sep
21
On September 11, 2015, the International Trade Commission (the "Commission") issued a notice determining to review the Initial Determination ("ID") in Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-926).

By way of background, this investigation is based on a July 18, 2014 complaint filed by Johnson Outdoors Inc. and Johnson Outdoors Marine Electronics, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging systems, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 7,652,952; 7,710,825; and 7,755,974.  See our July 23, 2014and August 21, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  On July 13, 2015, ALJ Essex issued the ID finding a violation of Section 337.  See our July 13, 2015 post for more details.
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ITC Affirms Initial Determination Finding No Violation Of Section 337 In Certain Television Sets And Terminates Investigation (337-TA-910)

By Eric Schweibenz
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Oct
16
On September 29, 2015, the International Trade Commission ("the Commission") issued a notice determining to terminate the investigation, finding no Section 337 violation in Certain Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910).

By way of background, this investigation is based on a January 28, 2014 complaint filed by Cresta Technology Corp. ("Cresta") alleging violation of Section 337 in the importation into the U.S. and sale of certain television sets, television receivers, television tuners, and components thereof that infringe one or more claims of various U.S. Patents.  See our January 30, 2014 and March 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Determines To Review-In-Part Finding Of No Violation Of Section 337 In Certain Beverage Brewing Capsules (337-TA-929)

By Eric Schweibenz
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Nov
23
On November 9, 2015, the International Trade Commission (“Commission”) issued a notice determining to review-in-part ALJ Theodore R. Essex’s Initial Determination (“ID”) finding no violation of Section 337 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the investigation is based on an August 4, 2014 complaint filed by ARM Enterprises, Inc. and Adrian Rivera alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320 (“the ‘320 patent”).  See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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