On December 22, 2016 ALJ David P. Shaw issued Order No. 21 in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor (Inv. No. 337-TA-1007/1021) granting a motion to compel.

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. (“Segway”) 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 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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On December 21, 2016 ALJ David P. Shaw issued Order No. 31 in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921) denying a motion to compel.

By way of background, the underlying investigation is based on a complaint filed by Navico Inc. and Navico Holding AS (“Navico”) alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,305,840 (the '840 patent); 8,300,499; and 8,605,550 (the '550 patent). See our July 11, 2014 post for more details on the underlying investigation. On December 1, 2015, the Commission issued its final determination finding a violation of Section 337 by Respondents based on infringement of certain claims of the ‘840 and ‘550 patents, and issued a limited exclusion order and cease and desist order (“CDO”) directed at Garmin International, Inc. and Garmin USA, Inc. (“Garmin”). On August 18, 2016, the Commission issued a modified limited exclusion order clarifying that certain components being imported by Garmin are covered by the original limited exclusion order.

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On December 20, 2016, ALJ David P. Shaw issued Order No. 6 in Certain Mobile Electronic Devices (Inv. No. 337-TA-1029).

By way of background, this investigation is based on an October 14, 2016 complaint filed by Qualcomm 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 electronic devices that infringe one or more claims of U.S. Patent Nos. 8,095,082; 7,999,384; 7,548,407; 8,497,928; and 7,949,367. See our October 19, 2016 and November 15, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

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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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On December 16, 2016, ZiiLabs Inc., Ltd. of Bermuda (“ZiiLabs”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell 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 (the ’952 patent), 6,950,350 (the ’350 patent), 7,518,616 (the ’616 patent), and 8,643,659 (the ’659 patent) (collectively, the “asserted patents”):

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On December 15, 2016, Sony Corp. of Japan, Sony Storage Media and Devices Corp. of Japan, Sony DADC US Inc. of Terre Haute, Indiana, and Sony Latin America Inc. of Miami, Florida (collectively, “Sony”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Fujifilm Holdings Corp. of Japan, Fujifilm Corp. of Japan, Fujifilm Holdings America Corp. of Valhalla, New York, and Fujifilm Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively, “Fujifilm”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain magnetic tape cartridges and components thereof that infringe one or more claims of Sony’s U.S. Patent Nos. 6,345,779 (the ’779 patent), 6,896,959 (the ’959 patent), 7,016,137 (the ’137 patent), and 7,115,331 (the ’331 patent) (collectively, the “asserted patents”).

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On December 14, 2016, ALJ MaryJoan McNamara issued Order No. 22 granting Complainants ResMed Corp., ResMed Inc., and ResMed Ltd.’s (collectively, “ResMed”) motion to terminate the investigation as to certain asserted claims Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-997).

By way of background, this investigation is based on an April 14, 2016 complaint filed by ResMed alleging violation of Section 337 by Respondents BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, LLC (collectively, “Respondents”) in the importation into the U.S. and sale of certain sleep-disordered breathing treatment systems and components thereof that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. RE44,453; 8,020,551; 8,006,691; and 9,072,860. See our April 15, 2016 and May 16, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

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On December 6, 2016, Memory Technologies, LLC of Las Vegas, Nevada (“MTL”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that SanDisk Corp. of Milpitas, California, SanDisk LLC of Milpitas, California, Western Digital Corp. of Irvine, California, Western Digital Technologies, Inc. of Milpitas, California, SanDisk Limited of Japan, San Disk Storage Malaysia Sdn. Bhd. of Malaysia, and SanDisk SemiConductor (Shanghai) Co., Ltd. of China (collectively, “SanDisk”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain flash memory devices and components thereof that infringe MTL’s U.S. Patent Nos. RE45,542 (the ’542 patent), RE45,486 (the ’486 patent), 7,565,469 (the ’469 patent), 9,063,850 (the ’850 patent), and 8,307,180 (the ’180 patent) (collectively, the “asserted patents”).

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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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