Easily-accessible and fact-based reporting of interesting developments about new and pending Section 337 investigations, litigation trends, statistics, practical insights into the Administrative Law Judges, and commentary on important ITC decisions.
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26
Jun
ITC Institutes Investigation (337-TA-1203) In Certain Rolled-Edge Rigid Plastic Food Trays
By Eric Schweibenz
|
Jun
26
On June 19, 2020, the U.S. International Trade Commission (“Commission”) issued a
press release
announcing their vote to institute an investigation of
Certain Rolled-Edge Rigid Plastic Food Trays
(Inv. No. 337-TA-1203).
By way of background, this investigation is based on a May 18, 2020 complaint filed by Clearly Clean Products, LLC of South Windsor, Connecticut and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania 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 rolled-edge rigid plastic food trays that infringe one or more claims of U.S. Patent Nos. 9,908,281 and 10,562,680.
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03
Feb
ITC Institutes Investigation (337-TA-1245) of Certain Electronic Devices
By Eric Schweibenz
|
Feb
03
On February 2, 2021, the ITC issued a
press release
announcing their vote to institute an investigation in
Certain Electronic Devices With Wireless Connectivity, Components Thereof, and Products Containing Same
(Inv. No. 337-TA-1245). This investigation is based on a January 4, 2021
complaint
filed by Ericsson Inc. of Plano, Texas, Telefonaktiebolaget LM Ericsson of Sweden, and Ericsson AB of Sweden (collectively, “Ericsson”). According to the
Notice of Investigation
, the Commission identified Samsung Electronics, Co. Ltd. of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; Samsung Electronics Thai Nguyen Co. Ltd. of Vietnam; Samsung Electronics Vietnam Co., Ltd. of Vietnam; and Samsung Electronics HCMC CE Complex, Co., Ltd. of Vietnam as Respondents. The Office of Unfair Import Investigations will not participate as a party to this investigation. Chief ALJ Charles E. Bullock issued a
notice
indicating that ALJ David P. Shaw will preside in this investigation.
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04
Feb
ITC Institutes Investigation (337-TA-1242) of Certain IP Camera Systems
By Eric Schweibenz
|
Feb
04
On January 25, 2021, the ITC issued a
press release
announcing their vote to institute an investigation in
Certain IP Camera Systems Including Video Doorbells and Components Thereof
(Inv. No. 337-TA-1242). This investigation is based on a December 18, 2020
complaint
filed by SkyBell Technologies, Inc., SB IP Holdings, LLC, and Eyetalk365, LLC (collectively, “Complainants”). According to the
Notice of Investigation
, the Commission identified Vivant Smart Home, Inc. of Provo, Utah; SimpliSafe, Inc. of Boston, Massachusetts; and Arlo Technologies, Inc. of San Jose, California as Respondents in this matter. The Office of Unfair Import Investigations will not participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a
notice
indicating that ALJ Dee Lord will preside in this investigation.
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04
Feb
ITC Institutes Investigation (337-TA-1243) of Certain Active Matrix OLED Display Devices
By John Presper
|
Feb
04
On January 27, 2021, the ITC issued a
press release
announcing their vote to institute an investigation in
Certain Active Matrix OLED Display Devices and Components Thereof
(Inv. No. 337-TA-1243). This investigation is based on a December 28, 2020
complaint
filed by Solas OLED Ltd. of Dublin, Ireland (“Solas”). According to the
Notice of Investigation
, the Commission identified BOE Technology Group Co. Ltd. of Beijing, China; Beijing BOE Display Technology Co., Ltd. of Beijing, China; BOE Technology America Inc. of Santa Clara, California (collectively, “BOE”); Samsung Electronics Co., Ltd. of Gyeonggi-do, South Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; and Samsung Display Co., Ltd. of Gyeonggi-Di, South Korea (collectively, “Samsung”) as Respondents in this matter. Notably, proposed respondents LG Electronics Inc., LG Electronics USA, Inc., LG Display America Inc., and LG Display Co. Ltd. are not identified by the Commission as Respondents despite being named by Solas in the complaint. The Notice of Investigation does not indicate that the Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a
notice
indicating that ALJ Cameron R. Elliot will preside in this investigation.
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08
Feb
ITC Institutes Investigation (337-TA-1244) of Certain Batteries
By Eric Schweibenz
|
Feb
08
On February 1, 2021, the ITC issued a
Notice of Investigation
in
Certain Batteries and Products Containing Same
(Inv. No. 337-TA-1244). This investigation is based on a December 30, 2020 complaint (
Part A
,
Part B
,
Part C
) filed by One World Technologies, Inc., of Anderson, South Carolina (“One World”) and Techtronic Power Tools Technology Ltd. of the British Virgin Islands (“Techtronic”) (collectively, “Complainants”). According to the notice, the Commission has identified the following parties as Respondents in this investigation: Darui Development Limited of China; Dongguan Xinjitong Electronic Technology Co., Ltd., of China; Shenzhen Laipaili Electronics Co., Ltd., of China; Shenzhen Liancheng Weiye Industrial Co., Ltd., of China; Shenzhen MingYang Creation Electronic Co., Ltd., of China; Shenzhen Ollop Technology Co. Ltd., of China; Shenzhen Rich Hao Yuan Energy Technology Co., Ltd., of China; Shenzhen Runsensheng Trading Co., Ltd., of China; Shenzhen Saen Trading Co., Ltd., of China; Shenzhen Shengruixiang E-Commerce Co., Ltd., of China; Shenzhen Tuo Yu Technology Co., Ltd., of China; Shenzhen Uni-Sun Electronics Co., Ltd., of China; and Shenzhen Vmartego Electronic Commerce Co., Ltd., of China. (collectively, “Respondents”). The Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a
notice
indicating that ALJ MaryJoan McNamara will preside in the investigation.
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09
Feb
ITC Institutes Investigation (337-TA-1247) of Certain Wireless Communications Equipment
By John Presper
|
Feb
09
On February 8, 2021, the ITC issued a
Notice of Investigation
in
Certain Wireless Communications Equipment and Components Thereof
(Inv. No. 337-TA-1247). By way of background, this investigation is based on a January 5, 2021 complaint filed by Samsung Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc. of Ridgefield Park, New Jersey alleging that Respondents Ericsson AB of Sweden, Telefonaktiebolaget LM Ericsson of Sweden, and Ericsson Inc. of Plano, Texas unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wireless communications equipment and components thereof that infringe one or more claims of U.S. Patent Nos. 9,521,616; 10,797,405; 9,041,074; and 9,736,772.
See
our
February 3, 2021 post
for more details regarding the complaint.
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11
Feb
ITC Institutes Investigation (337-TA-1246) in Certain Integrated Circuits
By John Presper
|
Feb
11
On February 8, 2021, the ITC issued a
Notice of Investigation
in
Certain Integrated Circuits and Products Containing the Same
(Inv. No. 337-TA-1246). This investigation is based on a December 18, 2020
complaint
filed by Tela Innovations, Inc. of Los Gatos, California (“Tela”) alleging a violation of section 337 by Respondents Acer, Inc. of Taiwan; Acer America Corporation of San Jose, California; ASUSTek Computer Inc. of Taiwan; ASUS Computer International of Fremont, California; Intel Corporation of Santa Clara, California (“Intel”); Lenovo Group Ltd. of China; Lenovo (United States) Inc. of Morrisville, North Carolina; Micro-Star International Col., Ltd. of Taiwan; and MSI Computer Corp. of City of Industry, California (collectively, “Respondents”) in the importation and/or sale of certain integrated circuits and products containing the same that infringe one or more claims of U.S. Patent No. 10,186,523 (“the ’523 patent”). According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation. In addition, the ALJ will hold an early evidentiary hearing and issue an initial determination within 100 days regarding whether Tela’s allegations are barred by claim preclusion, issue preclusion, or the
Kessler
doctrine. Chief ALJ Charles E. Bullock issued a
notice
indicating that ALJ Cameron R. Elliot will preside in the investigation.
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19
Feb
ITC Institutes Investigation (337-TA-1241) in Certain Electrical Connectors and Cages
By John Presper
|
Feb
19
On January 21, 2021, the ITC issued a
Notice of Investigation
in
Certain Electrical Connectors and Cages, Components Thereof, and Products Containing the Same
(Inv. No. 337-TA-1241).
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19
Feb
ITC Institutes Investigation (337-TA-1239) in Certain Gabapentin Immunoassay Kits and Test Strips
By John Presper
|
Feb
19
On January 19, 2021, the ITC issued a
Notice of Investigation
in
Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor
(Inv. No. 337-TA-1239).
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19
Feb
ITC Institutes Investigation (337-TA-1240) in Certain UMTS and LTE Cellular Communication Modules
By John Presper
|
Feb
19
On January 19, 2021, the ITC issued a
Notice of Investigation
in
Certain UMTS and LTE Cellular Communication Modules and Products Containing the Same
(Inv. No. 337-TA-1240).
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22
Feb
ITC Institutes Investigations (337-TA-1249, -1250, -1251) in Certain Cellular Signal Boosters
By John Presper
|
Feb
22
On February 22, 2021, the ITC issued notices of investigation in
Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof (I)
(Inv. No. 337-TA-1249);
Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof (II)
(Inv. No. 337-TA-1250); and
Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof (III)
(Inv. No. 337-TA-1251). See
Notice I
in 337-TA-1249,
Notice II
in 337-TA-1250, and
Notice III
in 337-TA-1251.
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24
Feb
ITC Institutes Investigation (337-TA-1248) in Certain Cellular Communications Infrastructure Systems
By John Presper
|
Feb
24
On February 16, 2021, the ITC issued a
Notice of Investigation
in
Certain Cellular Communications Infrastructure Systems, Components Thereof, and Products Containing the Same
(Inv. 337-TA-1248).
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28
Feb
ITC Institutes Investigation (337-TA-1252) in Certain Robotic Floor Cleaning Devices
By Eric Schweibenz
|
Feb
28
On February 26, 2021, the ITC issued a
Notice of Investigation
in
Certain Robotic Floor Cleaning Devices and Components Thereof
(Inv. No. 337-TA-1252).
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