Final Determinations

ITC Issues Limited Exclusion Order And Cease And Desist Orders In Certain Electronic Devices Having Placeshifting Or Display Replication Functionality (337-TA-878)

By Eric Schweibenz
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Dec
03
On December 2, 2013, the International Trade Commission (the “Commission”) issued a notice in Certain Electronic Devices Having Placeshifting or Display Replication Functionality and Products Containing Same (Inv. No. 337-TA-878). By way of background, this investigation is based on a March 12, 2013 complaint filed by Complainant Sling Media, Inc. (“Sling Media”).  The respondents in the investigation were Monsoon Multimedia, Inc. (“Monsoon”); C2 Microsystems, Inc. (“C2 Microsystems”) (collectively “the Defaulting Respondents”); and Belkin International, Inc. (“Belkin”).  See our April 15, 2013 post for more details on this investigation.  On June 5, 2013, ALJ Pender issued an initial determination terminating the investigation as to Belkin based on a settlement agreement.  See our June 7, 2013 post for more details.  In response to a show cause order, Monsoon moved to terminate the investigation based on a consent order.  ALJ Pender rejected this motion and found Monsoon in default.  See our July 16, 2013 post for more details.  C2 Microsystems did not respond to their show cause order and, likewise, were found in default.  According to the Order, the Commission determined to issue a limited exclusion order and cease and desist orders directed to the Defaulting Respondents.  The Limited Exclusion Order prohibits the unlicensed entry of Defaulting Respondents’ infringing products.  The Cease and Desist Orders “prohibit, inter alia, the importation, sale, advertising, marketing, and distribution of covered products in the United States by the Defaulting Respondents.”  Lastly, the Commission ordered that the bond for importation during the period of Presidential review be set at 100 percent of the entered value of Defaulting Respondents’ imported products.
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ITC Issues Cease And Desist Orders In Certain Ground Fault Circuit Interrupters (337-TA-739)

By Eric Schweibenz
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Dec
03
On December 2, 2013, the International Trade Commission (the “Commission”) issued a notice regarding the issuance of cease and desist orders and termination of the investigation in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739). By way of background, the Commission issued its final determination on April 27, 2012 finding a violation of Section 337 with respect to U.S. Patent No. 7,737,809 (the ‘809 patent).  Regarding remedy, the Commission issued a general exclusion order and a cease and desist order.  See our February 27, 2013 post for more details.  On August 29, 2012, Complainant Leviton Manufacturing Co., Inc. (“Leviton”) filed a complaint to institute enforcement proceedings.  Following settlement by several respondents, Respondents American Electric Depot Inc. (“AED”); Shanghai ELE Manufacturing Corp. (“Shanghai ELE”); and Shanghai Jia AO Electrical Co., Ltd. (“Shanghai Jia AO”) (collectively, the “Defaulting Respondents”) remained in the proceeding.  On May 22, 2013, ALJ Bullock issued a recommended determination on remedy, which recommended that the Commission issue a cease and desist order prohibiting AED from selling or distributing infringing articles in the U.S.  See our July 9, 2013 post for more details. According to the Commission’s notice, the Commission determined that the appropriate form of relief consists of cease and desist orders direct to the Defaulting Respondents.  Specifically, the Commission’s Order prohibits the Defaulting Respondents from “conducting any of the following activities in the United States: importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for ground fault circuit interrupters and products containing the same that infringe one or more of claims 1-4, 6, 8-11, 13, 15-16, 35-37, 39, and 41-46 of the ’809 patent.”  Having resolved all remaining issues in the investigation, the Commission terminated the investigation.
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ITC Decides To Affirm In Part And Reverse In Part The Initial Determination And Terminate The Investigation In Certain Rubber Resins (337-TA-849)

By Eric Schweibenz
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Jan
16
On January 15, 2014, the International Trade Commission (the “Commission”) issued a notice determining to affirm in part and reverse in part the initial determination (“ID”) issued by ALJ Robert K. Rogers, Jr., and terminating the Investigation with a finding of violation in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849). By way of background, this Investigation is based on a May 21, 2012 complaint filed on behalf of SI Group, Inc. (“SI Group”) alleging violation of Section 337 by a number of Respondents in the importation into the United States, sale for importation, or sale after importation of certain rubber resins by reason of misappropriation of trade secrets.  See our May 22, 2012 and June 22, 2012 posts for more details on SI’s complaint and Notice of Investigation, respectively.  On June 17, 2013 ALJ Rogers issued his ID finding a violation of Section 337.  See our June 28, 2013 post for more details on the notice of ID issued by ALJ Rogers.    According to the January 15, 2014 notice, the Commission determined that the following Respondents were in violation of Section 337:  Precision Measurement International LLC, Sino Legend (Zhangjiagang) Chemical Co. Ltd.; Sino Legend Holding Group, Inc. of Kowloon, Hong Kong; Sino Legend Holding Group Ltd.; Red Avenue Chemical Co. Ltd.; Shanghai Lunsai International Trading Company; Red Avenue Group Limited; and Sino Legend Holding Group, Inc. of Majuro, Marshall Islands.  The Commission issued a limited exclusion order for a period of ten (10) years prohibiting the unlicensed importation of rubber resins made using any of the SP-1068 Rubber Resin Trade Secrets that are manufactured by, for, or on behalf of the violating Respondents or any of their affiliated companies, licensees, other related business entities, or their successors or assigns.  The Commission also determined that the public interest factors did not preclude issuance of a remedy.  Lastly, the Commission determined that covered products may be imported during the period of Presidential review under bond in the amount of 19% of entered value.
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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 Issues General Exclusion Order In Certain Woven Textile Fabrics (337-TA-976)

By Eric Schweibenz
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Mar
27
On March 20, 2017, the International Trade Commission (the “Commission”) issued a notice, opinion, and general exclusion order (“GEO”) in Certain Woven Textile Fabrics and Products Containing Same (Inv. No. 337-TA-976).

By way of background, this investigation is based on a complaint filed by AAVN alleging violation of Section 337 in the importation into the U.S. and sale of certain woven textile fabrics and products containing the same that infringe one or more claims of U.S. Patent No. 9,131,790. AAVN also alleged in a second amended complaint violations of Section 337 based upon false advertising claims. See our October 5, 2015 and December 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Issues Final Determination Finding Violation of Section 337 In Certain Network Devices (337-TA-945)

By Eric Schweibenz
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May
08
On May 4, 2017, the U.S. International Trade Commission (“Commission”) issued a notice of Final Determination on violation of Section 337 in Certain Network Devices, Related Software, and Components Thereof (II) (Inv. No. 337-TA-945).

By way of background, this investigation is based on a December 19, 2014 complaint filed by Cisco Systems, Inc. of San Jose, California 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. 7,023,853; 6,377,577; 7,460,492; 7,061,875; 7,224,668; and 8,051,211. See our December 29, 2014 and February 6, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Issues Final Determination Of Violation Of Section 337 In Certain Air Mattress Systems (337-TA-971)

By Eric Schweibenz
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May
24
On May 17, 2017, the International Trade Commission (“Commission”) issued a notice of its decision to issue a final determination of violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using The Same (Inv. No. 337-TA-971).

By way of background, this investigation is based on an October 16, 2015 complaint filed by Select Comfort Corp. and Select Comfort SC Corp. (collectively, “Select Comfort”) alleging violation of Section 337 in the importation into the U.S. and sale of certain air mattress systems and components thereof by Respondents Sizewise Rentals LLC, American National Manufacturing Inc., and Dires LLC (d/b/a Personal Comfort Bed) (collectively, “Respondents”) that infringe one or more claims of U.S. Patent Nos. 5,904,172 (“the ’172 patent”) and 7,389,554 (“the ’554 patent”). See our October 19, 2015 and November 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 18, 2016, ALJ Bullock issued the ID finding no violation of Section 337. See our December 13, 2016 post for more details on the public version of the ID.
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ITC Reverses ALJ Essex’s ID Finding No Violation Of Section 337 And Issues Remedial Orders In Certain L-Tryptophan (337-TA-1005)

By Eric Schweibenz
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Dec
18
On December 18, 2017, the U.S. International Trade Commission (“Commission”) issued a notice regarding its final determination in Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production (Inv. No. 337-TA-1005).

By way of background, this investigation is based on a May 10, 2016 complaint filed by Ajinomoto Co., Inc. and Ajinomoto Heartland 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 L-tryptophan and L-tryptophan products that infringe one or more claims of U.S. Patent Nos. 7,666,655 and 6,180,373. See our May 10, 2016 and June 13, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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