Initial Determinations

ALJ McNamara Finds Section 337 Violation In Certain Composite Aerogel Insulation Materials (337-TA-1003)

By Eric Schweibenz
|
Oct
04
On September 29, 2017, ALJ MaryJoan McNamara issued a notice of the Initial Determination (“ID”) in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same (Inv. No. 337-TA-1003).

By way of background, this investigation is based on a May 5, 2016 complaint filed by Aspen Aerogels, Inc. (“Aspen”) alleging violation of Section 337 by way of unlawfully importing into the U.S., selling for importation, and/or selling within the U.S. after importation certain composite aerogel insulation materials that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. 7,078,359; 7,399,439; 6,989,123; 7,780,890; and 9,181,486. See our May 5, 2016 and June 8, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Finds Violation of Section 337 In Certain Access Control Systems (337-TA-1016)

By Eric Schweibenz
|
Oct
24
On October 23, 2017, ALJ Thomas B. Pender issued a notice of the Initial Determination (“ID”) in Certain Access Control Systems and Components Thereof (Inv. No. 337-TA-1016).

By way of background, this investigation is based on a July 5, 2016 complaint filed by The Chamberlain Group, Inc. of Elmhurst, Illinois 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 access control systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,161,319; 7,196,611; and 7,339,336. See our July 5, 2016 and August 12, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Finds No Violation Of Section 337 In Certain Audio Processing Hardware and Software (337-TA-1026)

By Eric Schweibenz
|
Oct
30
On October 26, 2017, ALJ Dee Lord issued a notice of the Initial Determination (“ID”) in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation alleging violation by Apple Inc., Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. 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 audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607; 6,363,345; and 6,377,607. See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Issues Public Version of ID In Certain Audio Processing Hardware And Software (337-TA-1026)

By Eric Schweibenz
|
Dec
08
Further to our October 30, 2017 post, on December 8, 2017, ALJ Dee Lord issued the public version of the Initial Determination (“ID”) (see part 1, part 2, part 3, and part 4) finding no violation of Section 337 in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation (“Andrea”) alleging violation by Apple Inc. (“Apple”), Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. (collectively, “Samsung”) 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 audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607 (“the ’607 patent”); 6,363,345 (“the ’345 patent”); and 6,377,637 (“the ’637 patent”). See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively. Samsung was terminated from the investigation on the basis of settlement agreement. See our August 22, 2017 post for additional details. Only the ’345 patent remained at issue after the investigation was terminated as to the ’607 and ’637 patents based on Andrea’s withdrawal of its allegations.
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ALJ Cheney Finds No Section 337 Violation In Certain Convertible Sofas (337-TA-1122)

By Eric Schweibenz
|
Jul
16
On July 12, 2019, ALJ Clark S. Cheney issued a notice of Initial Determination on Violation in Certain Convertible Sofas and Components Thereof (Inv. No. 337-TA-1122).

By way of background, this investigation is based on a June 4, 2018 complaint filed by Sauder Manufacturing Co. alleging violation of Section 337 in the importation into the U.S. and sale of certain convertible sofas and components thereof by Krug, Inc. that infringe U.S. Design Patent No. 716,576.
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ALJ Lord Finds Section 337 Violation In Certain Microfluidic Systems (337-TA-1100)

By Eric Schweibenz
|
Jul
17
On July 12, 2019, ALJ Dee Lord issued a notice of Initial Determination on Violation in Certain Microfluidic Systems, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1100).

By way of background, this investigation is based on a January 11, 2018 complaint filed by 10X Genomics, Inc. alleging violation of Section 337 by Bio-Rad Laboratories, Inc. of Hercules, California for unlawfully importing into the U.S., selling for importation, and/or selling within the U.S. after importation certain microfluidic systems, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 9,644,204 (the ’204 patent), 9,689,024 (the ’024 patent), 9,695,468 (the ’468 patent), and 9,856,530 (the ’530 patent).
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ALJ Lord Issues Initial Determination in Certain Wearable Monitoring Devices (337-TA-1190)

By John Presper
|
Feb
08
On February 4, 2021, ALJ Dee Lord issued a notice of initial determination (“ID”) in Certain Wearable Monitoring Devices, Systems, and Components Thereof (Inv. No. 337-TA-1190). According to the notice, the ALJ found no violation of section 337.
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ALJ Elliot Issues Initial Determination in Certain Bone Cements (337-TA-1175)

By John Presper
|
Feb
12
On February 11, 2021, ALJ Cameron Elliot issued a notice of initial determination (“ID”) in Certain Bone Cements and Bone Cement Accessories (Inv. No. 337-TA-1175). According to the notice, the ALJ found no violation of section 337.
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ALJ Elliot Issues Initial Determination in Certain Mobile Devices With Multifunction Emulators (337-TA-1170)

By John Presper
|
Mar
17
On March 16, 2021, ALJ Cameron Elliot issued a notice of initial determination (“ID”) in Certain Mobile Devices With Multifunction Emulators (Inv. No. 337-TA-1170). According to the notice, the ALJ found no violation of section 337.
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ALJ Lord Issues Initial Determination in Certain Lithium-Ion Battery Cells (337-TA-1181)

By John Presper
|
Apr
01
On March 31, 2021, ALJ Dee Lord issued a notice of initial determination (“ID”) in Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1181). According to the notice, the ALJ found no violation of section 337.
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ALJ Bullock Grants-in-Part Motion for Summary Determination of Violation by Defaulting Respondents in Certain In Vitro Fertilization Products (337-TA-1196)

By John Presper
|
May
05
On April 28, 2021, Chief ALJ Charles E. Bullock issued the public version of Order No. 10 (dated April 16, 2021) granting-in-part Complainant EMD Serono, Inc.’s (“EMD Serono”) motion for summary determination of violation by the defaulting respondents in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1196).
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ALJ Lord Grants Summary Determination On Violation of Section 337 in Certain Electronic Candle Products (337-TA-1195)

By Eric Schweibenz
|
May
12
On April 23, 2021, ALJ Dee Lord issued the public version of Order No. 41 (dated April 2, 2021) finding a violation of section 337 in Certain Electronic Candle Products and Components Thereof (Inv. No. 337-TA-1195).
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ALJ Shaw Issues Initial Determination in Certain Smart Thermostats (337-TA-1185)

By Eric Schweibenz
|
May
21
On May 14, 2021, ALJ David P. Shaw issued the public version (see Part I, Part II, Part III) of his initial determination (“ID” dated April 20, 2021) finding no violation of section 337 in Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof (Inv. No. 337-TA-1185).
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Chief ALJ Bullock Issues Initial Determination of No Violation in Certain Foodservice Equipment (337-TA-1166)

By Eric Schweibenz
|
Jun
09
On June 4, 2021, Chief ALJ Charles E. Bullock issued a notice regarding his initial determination (“ID”) finding no violation of section 337 in Certain Foodservice Equipment and Components Thereof (Inv. No. 337-TA-1166).
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Chief ALJ Bullock Issues Initial Determination in Certain Laparoscopic Surgical Staplers (337-TA-1167)

By Eric Schweibenz
|
Jul
09
On June 29, 2021, Chief ALJ Charles E. Bullock issued the public version (Part I, Part II, Part III) of his final initial determination (“ID”) finding a violation of section 337 in Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof (Inv. No. 337-TA-1167).
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ALJ Shaw Issues Initial Determination in Certain Portable Gaming Console Systems (337-TA-1197)

By Eric Schweibenz
|
Aug
07
On July 28, 2021, ALJ David P. Shaw released the public version (see Part I, Part II, Part III, Part IV) of his initial determination (“ID”) in Certain Portable Gaming Console Systems with Attachable Handheld Controllers and Components Thereof II (Inv. No. 337-TA-1197) finding no violation of section 337.
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ALJ Elliot Issues Initial Determination in Certain Electronic Devices (337-TA-1200)

By John Presper
|
Aug
07
On July 23, 2021, ALJ Cameron Elliot released the public version of his July 9, 2021 final initial determination (“ID”) in Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof (Inv. No. 337-TA-1200) finding no violation of section 337.
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ALJ Shaw Issues Initial Determination in Certain Chemical Mechanical Planarization Slurries (337-TA-1204)

By John Presper
|
Aug
11
On August 6, 2021, ALJ David P. Shaw released the public version (see Part I, Part II, Part III, Part IV) of his July 8, 2021 final initial determination (“ID”) in Certain Chemical Mechanical Planarization Slurries and Components Thereof (Inv. No. 337-TA-1204) finding a violation of section 337.
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Chief ALJ Bullock Issues Notice of Initial Determination in Certain Audio Players and Controllers (337-TA-1191)

By John Presper
|
Aug
20

On August 13, 2021, Chief ALJ Bullock issued a notice of his initial determination (“ID”) finding a violation of section 337 in Certain Audio Players and Controllers, Components Thereof, and Products Containing Same(Inv. No. 337-TA-1191).

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ALJ Cheney Issues Notice of Initial Determination in Certain Light-Emitting Diode Products (337-TA-1213)

By John Presper
|
Aug
20

On August 17, 2021, ALJ Clark S. Cheney issued a notice of his initial determination (“ID”) finding a violation of section 337 in Certain Light-Emitting Diode Products, Fixtures, and Components Thereof(Inv. No. 337-TA-1213).

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