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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18
Apr
ALJ Pender Terminates Investigation As To Frentaly In Certain Mobile Device Holders (337-TA-1028)
By Eric Schweibenz
|
Apr
18
On April 13, 2017, ALJ Thomas B. Pender issued
Order No. 10
in
Certain Mobile Device Holders and Components Thereof
(Inv. No. 337-TA-1028).
By way of background, this investigation is based on an October 6, 2016 complaint filed by Nite Ize, 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 mobile device holders and components thereof that infringe one or more claims of U.S. Patent Nos. 8,870,146; 8,602,376; D734,746; and D719,959.
See
our
October 10, 2016
and
November 8, 2016
posts for more details on the complaint and Notice of Investigation, respectively.
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19
May
ITC Terminates Investigation In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)
By Eric Schweibenz
|
May
19
On May 18, 2017, the U.S. International Trade Commission (“Commission”) issued a
notice
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 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. 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. On November 28, 2016, ALJ David P. Shaw issued the public version of his Initial Determination (the “Final ID”) finding a violation of Section 337.
See
our
December 27, 2016 post
for more details. On January 13, 2017, the Commission determined to review the Final ID's conclusions on several issues and remanded the investigation to the ALJ. On March 31, 2017, the ALJ issued his remand initial determination finding the claims subject to the remand to be nonobvious.
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10
Jul
ALJ Bullock Terminates Investigation As To Lumidesign In Certain Mirrors With Internal Illumination (337-TA-1055)
By Eric Schweibenz
|
Jul
10
On July 6, 2017, Chief ALJ Charles E. Bullock issued
Order No. 8
in
Certain Mirrors With Internal Illumination and Components Thereof
(Inv. No. 337-TA-1055).
By way of background, this investigation is based on a March 8, 2017 complaint filed by Electric Mirror, LLC and Kelvin 42 LLC 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 of certain mirrors with internal illumination and components thereof that infringe one or more claims of U.S. Patent Nos. 7,853,414; 7,805,260; 7,559,668; D704,938; and D579,671.
See
our
March 16, 2017
and
May 5, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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14
Jul
ALJ Lord Terminates Investigation In Certain Flash Memory Devices (337-TA-1034)
By Eric Schweibenz
|
Jul
14
On July 13, 2017, ALJ Dee Lord issued
Order No. 22
in
Certain Flash Memory Devices and Components Thereof
(Inv. No. 337-TA-1034).
By way of background, this investigation is based on a November 30, 2016 complaint filed by Memory Technologies, LLC of Las Vegas, Nevada 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 flash memory devices and components thereof that infringe U.S. Patent Nos. RE45,542; RE45,486; 7,565,469; 9,063,850; and 8,307,180.
See
our
December 20, 2016
and
January 9, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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22
Aug
ALJ Lord Terminates Investigation As To Samsung In Certain Audio Processing Hardware and Software (337-TA-1026)
By Eric Schweibenz
|
Aug
22
On August 22, 2017, ALJ Dee Lord issued
Order No. 68
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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29
Aug
ALJ Pender Terminates Investigation Based on Settlement Agreement In Certain Graphics Processors (337-TA-1037)
By Eric Schweibenz
|
Aug
29
On August 28, 2017, ALJ Thomas B. Pender issued
Order No. 26
in
Certain Graphics Processors, DDR Memory Controllers, and Products Containing the Same
(Inv. No. 337-TA-1037).
By way of background, this investigation is based on a December 16, 2016 complaint filed by ZiiLabs Inc., 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 graphics processors, DDR memory controllers, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,677,952; 6,950,350; 7,518,616; and 8,643,659.
See
our
December 23, 2016
and
January 23, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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07
Sep
ALJ Lord Grants Motion To Terminate Investigation In Certain Basketball Backboard Components (337-TA-1040)
By Eric Schweibenz
|
Sep
07
On September 6, 2017, ALJ Dee Lord issued
Order No. 15
in
Certain Basketball Backboard Components and Products Containing Same
(Inv. No. 337-TA-1040).
By way of background, this investigation is based on a December 30, 2016 complaint filed by Lifetime Products, Inc. of Clearfield, Utah 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 basketball backboard components and products containing the same that infringe one or more claims of Lifetime’s U.S. Patent Nos. 7,749,111; 8,845,463; and 8,852,034.
See
our
January 12, 2017
and
February 10, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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18
Oct
ALJ Pender Terminates Investigation In Certain LTE Wireless Communication Devices (337-TA-1051)
By Eric Schweibenz
|
Oct
18
On October 12, 2017, ALJ Thomas B. Pender issued
Order No. 13
in
Certain LTE Wireless Communication Devices and Components Thereof
(Inv. No. 337-TA-1051).
By way of background, this investigation is based on a March 17, 2017 complaint filed by LG Electronics, Inc., LG Electronics Alabama, Inc., and LG Electronics MobileComm U.S.A., Inc. (collectively, “LGE”) 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 LTE wireless communication devices and components thereof that infringe one or more claims of U.S. Patent Nos. 7,916,714; 8,107,456; 9,191,173; 9,225,572; and 8,891,560.
See
our
March 28, 2017
and
April 27, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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09
Nov
ALJ Pender Terminates Investigation As To Lumens Integration In Certain Document Cameras And Software (337-TA-1045)
By Eric Schweibenz
|
Nov
09
On November 6, 2017, ALJ Thomas B. Pender issued
Order No. 18
in
Certain Document Cameras and Software For Use Therewith
(Inv. No. 337-TA-1045).
By way of background, this investigation is based on a February 15, 2017 complaint filed by Pathway Innovations and Technologies, Inc. of San Diego, California 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 document cameras and software for use therewith that infringe one or more claims of U.S. Patent No. 8,508,751.
See
our
February 17, 2017
and
March 24, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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15
Nov
ALJ Lord Terminates Investigation As To Funai In Certain Semiconductor Devices And Consumer Audiovisual Products (337-TA-1047)
By Eric Schweibenz
|
Nov
15
On November 7, 2017, ALJ Lord issued
Order No. 31
in
Certain Semiconductor Devices And Consumer Audiovisual Products Containing Same
(Inv. No. 337-TA-1047).
By way of background, this investigation is based on a March 7, 2017 complaint filed by Broadcom 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 semiconductor devices and consumer audiovisual products containing the same that infringe one or more claims of U.S. Patent Nos. 8,284,844; 7,590,059; 8,068,171; 7,310,104; and 7,342,967.
See
our
March 9, 2017
and
April 7, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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21
Dec
ALJ Lord Terminates Investigation In Certain Consumer Electronic Devices (337-TA-1060)
By Eric Schweibenz
|
Dec
21
On December 20, 2017, ALJ Dee Lord issued
Order No. 27
in
Certain Consumer Electronic Devices, Including Televisions, Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and Blu-Ray Players
(Inv. No. 337-TA-1060).
By way of background, this investigation is based on a May 9, 2017 complaint filed by ARRIS Enterprises LLC of Suwanee, Georgia 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 of certain consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-Ray players that infringe one or more claims of U.S. Patent Nos. 6,473,858; 6,934,148; 7,113,502; 7,752,564; 8,300,156; and 9,521,466.
See
our
May 11, 2017
and
June 9, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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24
Jan
ALJ Bullock Terminates Investigation In Certain Pool And Spa Enclosures (337-TA-1069)
By Eric Schweibenz
|
Jan
24
On January 23, 2018, Chief ALJ Charles E. Bullock issued
Order No. 9
in
Certain Pool And Spa Enclosures
(Inv. No. 337-TA-1069).
By way of background, this investigation is based on a May 10, 2017 complaint filed by Aqua Shield, 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 of certain pool and spa enclosures that infringe one or more claims of U.S. Patent No. 6,637,160.
See
our
May 12, 2017
and
September 13, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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26
Jan
ALJ Pender Terminates Investigation As To Bissell In Certain Robotic Vacuum Cleaning Devices (337-TA-1057)
By Eric Schweibenz
|
Jan
26
On January 25, 2018, ALJ Thomas B. Pender issued
Order No. 34
in
Certain Robotic Vacuum Cleaning Devices and Components Thereof Such As Spare Parts
(Inv. No. 337-TA-1057).
By way of background, this investigation is based on an April 18, 2017 complaint filed by iRobot Corp. of Bedford, Massachusetts 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 of certain robotic vacuum cleaning devices and components thereof such as spare parts that infringe one or more claims of U.S. Patent Nos. 6,809,490; 7,155,308; 8,474,090; 8,600,553; 9,038,233; and 9,486,924.
See
our
April 26, 2017
and
May 22, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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21
Feb
ALJ Shaw Terminates Investigation In Certain Bar Code Readers (337-TA-1061)
By Eric Schweibenz
|
Feb
21
On February 21, 2018, ALJ David P. Shaw issued
Order No. 22
in
Certain Bar Code Readers, Scan Engines, Products Containing the Same, and Components Thereof
(Inv. No. 337-TA-1061).
By way of background, this investigation is based on a May 23, 2017 complaint filed by Honeywell International, Inc., Hand Held Products, Inc. d/b/a Honeywell Scanning & Mobility, and Metrologic Instruments, 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 of certain barcode readers, scan engines, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,832,725; 8,511,572; 7,148,923; 7,527,206; 8,646,692; and 9,323,969.
See
our
June 7, 2017
and
June 26, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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26
Feb
ALJ Pender Grants Motion To Terminate Sony In Certain Wireless Headsets (337-TA-943)
By Eric Schweibenz
|
Feb
26
On February 26, 2018, ALJ Thomas B. Pender issued
Order No. 24
in
Certain Wireless Headsets
(Inv. No. 337-TA-943).
By way of background, this investigation is based on a December 8, 2014 complaint filed by One-E-Way, Inc. of Pasadena, California alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless headsets that infringe one or more claims of U.S. Patent Nos. 7,865,258 and 8,131,391.
See
our
January 8, 2015
and
January 14, 2015
posts for more details on the complaint and notice of investigation, respectively.
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15
Aug
ALJ Pender Terminates Investigation As To BMW In Certain Thermoplastic-Encapsulated Electric Motors (337-TA-1073)
By Eric Schweibenz
|
Aug
15
On August 13, 2018, ALJ Thomas B. Pender issued the
public version of Order No. 48
in
Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II
(Inv. No. 337-TA-1073). Please note that Oblon represents the Aisin Seiki Respondents in this matter.
By way of background, this investigation is based on a September 5, 2017 complaint filed by Intellectual Ventures II LLC (“IV”) 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 thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same that infringe one or more claims of U.S. Patent Nos. 7,154,200; 7,067,944; 7,067,953; 7,683,509; and 7,928,348.
See
our
September 8, 2017
and
October 9, 2017
posts for more details on the complaint and Notice of Investigation, respectively.
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13
Sep
ALJ Bullock Terminates Investigation As To Fujian Hualong In Certain Carburetors (337-TA-1123)
By Eric Schweibenz
|
Sep
13
On September 12, 2018, Chief ALJ Charles E. Bullock issued
Order No. 18
in
Certain Carburetors and Products Containing Such Carburetors
(Inv. No. 337-TA-1123).
By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent).
See
our
June 12, 2018
and
July 17, 2018
posts for more details on the complaint and Notice of Investigation, respectively.
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24
Sep
ALJ Bullock Terminates Investigation As To QV Tools In Certain Carburetors (337-TA-1123)
By Eric Schweibenz
|
Sep
24
On September 24, 2018, Chief ALJ Charles E. Bullock issued
Order No. 21
in
Certain Carburetors and Products Containing Such Carburetors
(Inv. No. 337-TA-1123).
By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent).
See
our
June 12, 2018
and
July 17, 2018
posts for more details on the complaint and Notice of Investigation, respectively.
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09
Oct
ALJ Bullock Terminates Investigation As To Ardisam In Certain Carburetors (337-TA-1123)
By Eric Schweibenz
|
Oct
09
On October 2, 2018, Chief ALJ Charles E. Bullock issued
Order No. 22
in
Certain Carburetors and Products Containing Such Carburetors
(Inv. No. 337-TA-1123).
By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent).
See
our
June 12, 2018
and
July 17, 2018
posts for more details on the complaint and Notice of Investigation, respectively.
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12
Oct
ALJ Bullock Terminates Investigation As To Champion In Certain Carburetors (337-TA-1123)
By Eric Schweibenz
|
Oct
12
On October 2, 2018, Chief ALJ Charles E. Bullock issued
Order No. 23
in
Certain Carburetors and Products Containing Such Carburetors
(Inv. No. 337-TA-1123).
By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent).
See
our
June 12, 2018
and
July 17, 2018
posts for more details on the complaint and Notice of Investigation, respectively. The ALJ previously denied Respondent Champion Power Equipment, Inc.’s (“Champion”) motion to terminate the investigation as to Champion based on a consent order stipulation and proposed consent order, finding that the proposed consent order did not resolve all the issues as to inventory raised by Walbro.
See
our
September 17, 2018 post
for more details.
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