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Initial Determinations

ALJ Shaw Issues Early Decision Finding Asserted Patent Invalid Under 35 U.S.C. § 101 In Certain Portable Electronic Devices (337-TA-994)

By Eric Schweibenz
|
Aug
22
On August 19, 2016, ALJ David P. Shaw issued a notice regarding the Final Initial Determination (“ID”) in Certain Portable Electronic Devices and Components Thereof (Inv. No. 337-TA-994).

By way of background, this investigation is based on a March 24, 2016 complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 6,928,433.  See our March 24, 2016 post for more details on the complaint.  Additionally, the Notice of Investigation ordered, inter alia, that the ALJ hold “an early evidentiary hearing, find facts, and issue an early decision, as to whether the asserted claims of the ’433 patent recite patent-eligible subject matter under 35 U.S.C. § 101.” See our May 11, 2016 post for more details on the Notice of Investigation.
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ALJ Lord Finds No Violation Of Section 337 In Certain Activity Tracking Devices (337-TA-963)

By Eric Schweibenz
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Aug
23
On August 23, 2016, ALJ Dee Lord issued a notice of Initial Determination on violation of Section 337 (“ID”) in Certain Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-963).

By way of background, this investigation is based on a July 8, 2015 complaint filed by AliphCom d/b/a Jawbone and BodyMedia, Inc. (collectively “Jawbone”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable fitness and activity tracker devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,446,275; 8,529,811; 8,793,522; 8,961,413; 8,073,707; and 8,398,546.  The complaint further alleged that the Proposed Respondents have engaged in unfair competition and unfair acts by their access and improper use of Jawbone’s trade secret confidential information related to Jawbone’s technology and wearable product development plans, roadmaps, and financial information.  See our July 8, 2015 and August 18, 2015 posts for more details on the complaint and Notice of Investigation, respectively.   Additionally, the patent infringement allegations in this investigation were previously terminated.  See our June 23, 2016 post for more details.
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ALJ Shaw Issues Early Initial Determination Finding Asserted Patent Invalid Under 35 U.S.C. § 101 In Certain Portable Electronic Devices (337-TA-994)

By Eric Schweibenz
|
Aug
24
Further to our August 22, 2016 post, on August 19, 2016, ALJ David P. Shaw issued a Final Initial Determination (“ID”) in Certain Portable Electronic Devices and Components Thereof (Inv. No. 337-TA-994) determining that the asserted claims of U.S Patent No. 6,928,433 (“the ’433 patent”) do not recite patent-eligible subject matter under 35 U.S.C. § 101.

By way of background, this investigation is based on a March 24, 2016 complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and components thereof that infringe one or more claims of the ’433.  See our March 24, 2016 post for more details on the complaint.  Additionally, the Notice of Investigation ordered, inter alia, that the ALJ hold “an early evidentiary hearing, find facts, and issue an early decision, as to whether the asserted claims of the ’433 patent recite patent-eligible subject matter under 35 U.S.C. § 101.” Seeour May 11, 2016 post for more details on the Notice of Investigation.
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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
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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 Shaw Finds Violation Of Section 337 In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Oct
31
On October 27, 2016, ALJ David P. Shaw issued a notice of the Final Initial Determination on the question of violation of Section 337 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 Bullock Finds No Violation Of Section 337 In Certain Air Mattress Systems (337-TA-971)

By Eric Schweibenz
|
Nov
18
On November 18, 2016, Chief ALJ Charles E. Bullock issued a Notice Regarding Initial Determination 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. alleging violation of Section 337 in the importation into the U.S. and sale of certain air mattress systems and components thereof that infringe one or more claims of U.S. Patent Nos. 5,904,172 and 7,389,554.  See our October 19, 2015 and November 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Finds Violation Of Section 337 In Certain Automated Teller Machines (337-TA-972)

By Eric Schweibenz
|
Dec
12
On November 30, 2016, ALJ Dee Lord issued a notice of the Initial Determination on Violation of Section 337 in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-972).

By way of background, this investigation is based on an October 19, 2015 complaint filed by Diebold, Inc. and Diebold Self-Service Systems (collectively, “Diebold”) alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,082,616; 7,121,461; 7,229,010; 7,249,761; 7,314,163; and 7,832,631. See our October 20, 2015 and November 19, 2015posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Issues Public Version Of Initial Determination In Certain Air Mattress Systems (337-TA-971)

By Eric Schweibenz
|
Dec
13
Further to our November 18, 2016 post, on December 1, 2016, Chief ALJ Charles E. Bullock issued the public version of the Initial Determination (“ID”) finding no 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.
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ALJ McNamara Finds Violation Of Section 337 In Certain Network Devices (337-TA-945)

By Eric Schweibenz
|
Dec
19
On December 9, 2016, ALJ MaryJoan McNamara issued a notice of Initial Determination (“ID”) on violation of Section 337 and a recommended determination on remedy and bond 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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ALJ Shaw Issues Public Version Of Initial Determination In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Dec
27
Further to our October 31, 2016 post, on November 28, 2016, ALJ David P. Shaw issued the public version of his Initial Determination (“ID”) finding a violation of Section 337 in Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968). Due to the size of the ID, we have split it into the following: part 1, part 2, part 3, and part 4.

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 (collectively, “Varian”) alleging violation of Section 337 by Respondents Elekta AB, Elekta Ltd., Elekta GmbH, Elekta Inc., IMPAC Medical Systems, Inc., Elekta Instrument (Shanghai) Ltd., and Elekta Beijing Medical Systems Co. Ltd. (collectively, “Elekta”) 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 (“the ’021 patent”); 8,116,430 (“the ’430 patent”); 8,867,703 (“the ’703 patent”); 7,880,154 (“the ’154 patent”); 7,906,770 (“the ’770 patent”); and 8,696,538 (“the ’538 patent’). 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 McNamara Issues Early Determination Finding Domestic Industry In Certain Silicon-On-Insulator Wafers (337-TA-1025)

By Eric Schweibenz
|
Feb
13
On February 8, 2017, ALJ MaryJoan McNamara issued a notice of Initial Determination on the Economic Prong of the Domestic Industry Requirement in Certain Silicon-On-Insulator Wafers (Inv. No. 337-TA-1025).

By way of background, this investigation is based on a May 26, 2016 complaint filed by Silicon Genesis Corporation 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 silicon-on-insulator wafers that infringe one or more claims of U.S. Patent Nos. 6,458,672 and 6,171,965. See our May 27, 2016 and October 20, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Finds Section 337 Violation In Certain Automated Teller Machines (337-TA-989)

By Eric Schweibenz
|
Mar
14
On March 13, 2017, ALJ David P. Shaw issued a notice of the Final Initial Determination in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-989).

By way of background, this investigation is based on a February 9, 2016 complaint filed by Nautilus Hyosung, Inc. and Nautilus Hyosung America Inc. (collectively, “Nautilus”) alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 7,891,551; 7,950,655; 8,152,165; and 8,523,235. See our February 9, 2016 and March 10, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Issues Public Version Of Initial Determination Finding Economic Prong Of Domestic Industry In Certain Silicon-On-Insulator Wafers (337-TA-1025)

By Eric Schweibenz
|
Mar
20
Further to our February 13, 2017 post, on March 1, 2017, ALJ MaryJoan McNamara issued the public version of Order No. 13 containing an early Initial Determination (“ID”) that Complainant Silicon Genesis Corporation (“SiGen”) satisfied the economic prong of the domestic industry requirement in Certain Silicon-On-Insulator Wafers (Inv. No. 337-TA-1025).

By way of background, this investigation is based on a May 26, 2016 complaint filed by Silicon Genesis Corporation 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 silicon-on-insulator wafers that infringe one or more claims of U.S. Patent Nos. 6,458,672 and 6,171,965. See our May 27, 2016 and October 20, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Finds Section 337 Violation In Certain Digital Video Receivers (337-TA-1001)

By Eric Schweibenz
|
May
31
On May 26, 2017, ALJ David P. Shaw issued a notice of the Final Initial Determination in Certain Digital Video Receivers and Hardware and Software Components Thereof (Inv. No. 337-TA-1001).

By way of background, this investigation is based on an April 6, 2016 complaint filed by Rovi Corp. and Rovi Guides, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain digital video receivers and hardware and software components thereof that infringe one or more claims of U.S. Patent Nos. 8,006,263; 8,578,413; 8,046,801; 8,621,512; 8,768,147; and 8,566,871. These asserted patents generally relate to Interactive Program Guide (“IPG”) technology.  See our April 6 and June 2, 2016 posts for more details on the complaint and the Notice of Investigation, respectively.
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ALJ Bullock Finds Section 337 Violation In Certain Motorized Self-Balancing Vehicles (337-TA-1000)

By Eric Schweibenz
|
Jun
01
On May 26, 2017, Chief ALJ Charles E. Bullock issued a notice regarding Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond in Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).

By way of background, this investigation is based on a complaint filed by Razor USA, LLC, Inventist, Inc., and Shane Chen (collectively, “Razor”) alleging violation of Section 337 in the importation into the U.S. and sale of certain motorized self-balancing vehicles that infringe one or more claims of U.S. Patent No. 8,738,278, and, further, that certain of the named respondents have engaged in unfair methods of competition through false advertising and/or false or misleading representations of fact in connection with the sale and importation of such motorized self-balancing vehicles. See our March 23, 2016 and June 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Bullock Issues Notice Of Errata To Final Initial Determination Finding No Section 337 Violation In Certain Motorized Self-Balancing Vehicles (337-TA-1000)

By Eric Schweibenz
|
Jun
12
Further to our June 1, 2017 post, on June 9, 2017, Chief ALJ Charles E. Bullock issued the public version of a notice of errata to Final Initial Determination (dated June 5, 2017) in Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).

By way of background, this investigation is based on a complaint filed by Razor USA, LLC, Inventist, Inc., and Shane Chen (collectively, “Razor”) alleging violation of Section 337 in the importation into the U.S. and sale of certain motorized self-balancing vehicles that infringe one or more claims of U.S. Patent No. 8,738,278, and, further, that certain of the named respondents have engaged in unfair methods of competition through false advertising and/or false or misleading representations of fact in connection with the sale and importation of such motorized self-balancing vehicles. See our March 23, 2016 and June 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ McNamara Finds No Violation Of Section 337 In Certain Radio Frequency Identification Products (337-TA-979)

By Eric Schweibenz
|
Jun
27
On June 22, 2017, ALJ MaryJoan McNamara issued a notice of the Initial Determination in Certain Radio Frequency Identification (“RFID”) Products and Components Thereof (Inv. No. 337-TA-979).

By way of background, this investigation is based on a December 4, 2015 complaint filed by Neology, Inc. (“Neology”) of Poway, California alleging violation of Section 337 in the importation into the U.S. and sale of certain RFID products and components thereof that infringe one or more claims of U.S. Patent Nos. 8,325,044; 8,587,436; and 7,119,664. See our December 4, 2015 and January 7, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Finds Section 337 Violation In Certain Semiconductor Devices (337-TA-1010)

By Eric Schweibenz
|
Jul
03
On June 30, 2017, ALJ Dee Lord issued a notice of the Initial Determination (“ID”) in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same (Inv. No. 337-TA-1010).

By way of background, this investigation is based on a complaint filed by Tessera Technologies, Inc., Tessera, Inc., and Invensas Corp. 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 semiconductor devices, semiconductor device packages, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,856,007; 6,849,946; and 6,133,136. See our May 24, 2016 and July 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Finds Section 337 Violation In Certain Personal Transporters (337-TA-1007/1021)

By Eric Schweibenz
|
Aug
14
On August 10, 2017 ALJ David P. Shaw issued a notice of the Final Initial Determination (“ID”) in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021).

By way of background, the 337-TA-1007 investigation is based on a May 18, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. 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 personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230; 6,651,763; 7,023,330; 7,275,607; 7,479,872; and 9,188,984 and/or infringe certain U.S. registered trademarks owned by Segway. See our May 18, 2016 and June 28, 2016 posts for more details on the complaint and Notice of Investigation, respectively. The 337-TA-1021 investigation is based on an August 16, 2016 complaint filed by Segway Inc., DEKA Products Limited Partnership, and Ninebot (Tianjin) Technology Co., Ltd. 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 personal transporters, components thereof, and packaging and manuals therefor that infringe one or more claims of U.S. Patent Nos. 6,302,230 and 7,275,607. See our August 18, 2016 and September 22, 2016 posts for more details on the complaint and Notice of Investigation, respectively. These investigations were subsequently consolidated.
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ALJ Essex Issues Notice Finding No Violation Of Section 337 In Certain L-Tryptophan (337-TA-1005)

By Eric Schweibenz
|
Aug
15
On August 11, 2017, ALJ Theodore R. Essex issued a notice of the Initial Determination (“ID”) 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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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.