ALJ Pender

ALJ Pender Issues Notice Of Initial Determination And Recommended Determination On Enforcement And Modification In Certain Dimmable Compact Fluorescent Lamps (337-TA-830)

By Eric Schweibenz
|
Jan
14
On January 10, 2014, ALJ Thomas B. Pender issued a Notice of Initial Determination and Recommended Determination on Enforcement and Modification (“EID”) in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same (Inv. No. 337-TA-830).

By way of background, the Commission instituted this investigation on February 22, 2012 based on a complaint filed by Neptun Light, Inc. and Andrzej Bobel (collectively, “Neptun”) alleging violation of Section 337 by reason of infringement of various claims of U.S. Patent Nos. 5,434,480 and 8,035,318 by several respondents, including MaxLite, Inc. (“MaxLite”).  See our February 23, 2012 post for more details on the Notice of Investigation.  On July 25, 2012, the Commission terminated the investigation as to MaxLite and entered a consent order preventing MaxLite from importing dimmable compact fluorescent lamps (“CFLs”) that infringed claim 9 of the ‘480 patent.

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ALJ Pender Issues Claim Construction Order in Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
|
Jan
22
On January 16, 2014, ALJ Thomas B. Pender issued Order No. 8 construing the disputed claim terms of the asserted patents in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

By way of background, the investigation is based on a complaint filed by ResMed Corporation, ResMed Incorporated, and ResMed Limited (collectively, “ResMed”) alleging violation of Section 337 by BMC Medical Co., Ltd., 3B Medical, inc, and 3B Products, L.L.C. (collectively, “Respondents”) in the importation and/or sale of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,997,267 (the ‘267 patent), 7,614,398 (the ‘398 patent), 7,928,116 (the ‘116 patent), 7,341,060 (the ‘060 patent), 8,312,883 (the ‘883 patent), 7,178,527 (the ‘527 patent), 7,950,392 (the ‘392 patent), and 7,926,487 (the ‘487 patent).  See our July 22, 2013 and August 20, 2013 posts for more details on ResMed’s complaint and the Notice of Investigation, respectively. 

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ALJ Pender Denies Motion To Amend The Priority Date In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
|
Feb
05
On February 4, 2014, ALJ Thomas B. Pender issued the public version of Order No. 10 (dated January 24, 2014) in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

According to the Order, Complainants ResMed Corp., ResMed Inc., and ResMed Ltd. (collectively, “ResMed”) filed a motion to amend the priority date they submitted with respect to U.S. Patent No. 7,926,487 (the ‘487 Patent).  ResMed argued that one of the named inventors for the ‘487 patent provided additional information that would support a conception and reduction to practice date for the ‘487 patent of June 15, 1999, which is earlier than the May 15, 2000 priority date identified in ResMed’s Priority Date Disclosure.  ResMed asserted that it did not have an opportunity to meet with the named inventor until November 4, 2013, which was several weeks after it submitted its Priority Date Disclosure on October 11, 2013.

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ALJ Pender Sets Procedural Schedule In Certain Wireless Devices, Including Mobile Phones And Tablets II (337-TA-905)

By Eric Schweibenz
|
Feb
06
On February 4, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Wireless Devices, Including Mobile Phones And Tablets II (Inv. No. 337-TA-905).

By way of background, the investigation is based on a complaint filed by Pragmatus Mobile, LLC of Alexandria, Virginia alleging violations of Section 337 in the importation into the U.S. and sale of certain wireless devices, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 8,149,124 and 8,466,795.  See our December 19, 2013 and January 23, 2014 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Pender Terminates Investigation As To En Jinn Industrial Co., Ltd. In Certain Cases For Portable Electronic Devices (337-TA-861/867)

By Eric Schweibenz
|
Feb
07
On February 6, 2014, ALJ Thomas B. Pender issued the public version of Order No. 22 (dated February 5, 2014) in Certain Cases For Portable Electronic Devices (Inv. No. 337-TA-861/867).

According to the Order, ALJ Pender granted Complainant Speculative Product Design, LLC’s motion to terminate the investigation as to Respondent En Jinn Industrial Co. Ltd. based upon a Consent Order Stipulation and Settlement Agreement.

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ALJ Pender Terminates Investigation As To Fellowes, Inc. In Certain Cases For Portable Electronic Devices (337-TA-861/867)

By Eric Schweibenz
|
Feb
11
On February 6, 2014, ALJ Thomas B. Pender issued the public version of Order No. 23 in Certain Cases For Portable Electronic Devices (Inv. No. 337-TA-861/867).

According to the Order, ALJ Pender granted Complainant Speculative Product Design, LLC’s motion to terminate the investigation as to Respondent Fellowes, Inc. based upon a settlement agreement.

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ALJ Pender Grants Motion To Show Cause In Certain Cases For Portable Electronic Devices (337-TA-861/867)

By Eric Schweibenz
|
Feb
12
On February 10, 2014, ALJ Thomas B. Pender issued Order No. 24 granting Complainant Speculative Product Design, LLC’s (“Speck”) motion for an order to show cause why Respondents Global Digital Star Industry, Ltd. (“Global”) and SW-Box.com (“SW-Box”) should not be found in default in Certain Cases For Portable Electronic Devices (Inv. No. 337-TA-861/867).

By way of background, this investigation was based on a complaint filed by Speck against proposed Respondents Body Glove, Anbess Electronics Co. Ltd., Fellowes, Inc., ROCON Digital Technology Corp., SW-Box, Trait Technology (Shenzhen) Co., Ltd., Hongkong Wexun Ltd., En Jinn Industrial Co. Ltd., Shengda Huanqiu Shijie, Global, JWIN Electronics Corp. d/b/a iLuv, Project Horizon, Inc. d/b/a InMotion Entertainment, Superior Communications, Inc. d/b/a PureGear, and Jie Sheng Technology.  Speck asserted U.S. Patent No. 8,204,561 (the ‘561 patent) in the complaint, and alleged that its CandyShell line of phone cases, sold in the U.S., practice one or more claims of the ‘561 patent.  See our November 16, 2012, January 29, 2013, and July 9, 2013 posts for more background on the investigation.

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ALJ Pender Sets 14-Month Target Date In Certain Soft-Edged Trampolines (337-TA-908)

By Eric Schweibenz
|
Feb
18
Further to our January 27, 2014 post, on February 12, 2014 ALJ Thomas B. Pender issued Order No. 3 in Certain Soft-Edged Trampolines and Components Thereof(Inv. No. 337-TA-908).

By way of background, the investigation is based on a December 24, 2013 complaint and December 31, 2013 and January 14, 2014 supplements to the complaint filed by Springfree Trampoline, Inc., Springfree Trampoline USA Inc., and Springfree Limited Partnership – all of Canada – alleging violations of Section 337 in the importation into the U.S. and sale of certain soft-edged trampolines and components thereof that infringe certain claims of U.S. Patent No. 6,319,174.  See our December 31, 2013 post for more details on the complaint.

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ALJ Pender Terminates Investigation In Certain Thermal Support Devices For Infants (337-TA-896)

By Eric Schweibenz
|
Feb
21
On February 14, 2014, ALJ Thomas B. Pender issued Order No. 7 in Certain Thermal Support Devices For Infants, Infant Incubators, Infant Warmers, and Components Thereof (Inv. No. 337-TA-896).

By way of background, this investigation is based on an August 29, 2013 complaint filed by Draeger Medical Systems, Inc. (“Draeger”) alleging violation of Section 337 in the importation into the U.S. and sale of certain thermal support devices for infants, infant incubators, infant warmers, and components thereof that infringe one or more claims of U.S. Patent Nos. 6,483,080 and 7,335,157.  According to the Notice of Investigation, the Commission identified Atom Medical International, Inc. (“Atom”) as the sole respondent in this investigation.  See our August 30, 2013 and October 21, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Pender Grants Summary Determination Of Violation And Recommends General Exclusion Order In Certain Cases For Portable Electronic Devices (337-TA-861/867)

By Eric Schweibenz
|
Mar
11
On March 5, 2014, ALJ Thomas B. Pender issued the public version of Order No. 28 (dated February 21, 2014) in Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-861/867).  In the Order, ALJ Pender granted Complainant Speculative Product Design, LLC’s (“Speck”) motion for summary determination that defaulting Respondents Hongkong Wexun Ltd., ROCON Digital Technology Corp., SW-Box.com, Trait Technology Co., Anbess Electronics Co., Ltd., and Global Digital Star Industry, Ltd. (collectively, the “Defaulting Respondents”) have violated Section 337.  The ALJ also recommended that the Commission issue a general exclusion order (“GEO”) and impose a bond of 100 percent on the Defaulting Respondents.

By way of background, this investigation is a consolidation of Inv. Nos. 337-TA-861 and 337-TA-867.  Speck filed a first complaint on September 26, 2012, which led to the institution of the 337-TA-861 investigation.  See our November 16, 2012 post for more details.  On December 26, 2012, Speck filed a second complaint, which led to the institution of the 337-TA-867 investigation and its consolidation with the 337-TA-861 investigation.  See our January 29, 2013 post for more details.  During the course of the consolidated investigation, a number of Respondents either were terminated or defaulted.  On September 10, 2013, ALJ Pender granted-in-part Speck’s motion for partial summary determination that it has satisfied the domestic industry requirement.  See our October 30, 2013 post for more details.  On November 15, 2013, Speck filed the instant motion for summary determination of violation and for entry of a GEO.

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ALJ Pender Terminates Investigation As To Aumed In Certain Handheld Magnifiers (337-TA-901)

By Eric Schweibenz
|
Mar
25
On March 20, 2014, ALJ Thomas B. Pender issued Order No. 4 in Certain Handheld Magnifiers and Products Containing Same (Inv. No. 337-TA-901).

By way of background, this investigation is based on a September 26, 2013 complaint filed by Freedom Scientific, Inc. alleging violation of Section 337 by Respondents Aumed Group Corp. and Aumed Inc. (collectively, “Aumed”) in the importation into the U.S. and sale of certain handheld magnifiers and products containing same that infringe one or more claims of U.S. Patent Nos. D624,107 and 8,264,598.  See our September 27, 2013 and November 12, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

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ALJ Pender Rules On Motion To Strike Reliance On Belatedly Identified Priority Evidence In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
|
Mar
27
On March 20, 2014, ALJ Thomas B. Pender issued the public version of Order No. 13 (dated March 14, 2014) in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

According to the Order, Respondents BMC Medical Co., Ltd.; 3B Medical, Inc.; and 3B Products, LLC (collectively “Respondents”) moved to strike the reliance of Complainant ResMed Corp., ResMed Inc., and ResMed Ltd. (collectively “ResMed”) on certain documents, portions of ResMed’s expert’s report, and ResMed’s amended notice of priority dates regarding U.S. Patent No. RE 44,453 (the ‘453 patent).  Respondents argued that ResMed’s amended notice of priority dates after the close of discovery and the submission of expert reports was highly prejudicial.  Respondents further asserted that ResMed’s production of certain documents failed to comply with Ground Rule 7.1.2 because they cited more than 43,000 pages of documents without separately identifying which documents related to which patent and, more specifically, which documents related to conception, diligence, or reduction to practice.  Lastly, Respondents argued that ALJ Pender should strike the testimony of Mr. Virr because he lacked personal knowledge regarding the conception of the ‘453 patented invention in January 2000.

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ALJ Pender Denies Motion For Summary Determination Of Invalidity In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
|
Apr
08
On March 26, 2014, ALJ Thomas B. Pender issued Order No. 14 (dated March 18, 2014) denying Respondents’ motion for summary determination of invalidity of U.S. Patent No. RE 44,453 (“the ‘453 patent”) in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

By way of background, the investigation is based on a complaint filed by ResMed Corporation, ResMed Incorporated, and ResMed Limited (collectively, “ResMed”) alleging violation of Section 337 by BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, L.L.C. (collectively, “Respondents”) in the importation and/or sale of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more claims of various patents.  See our July 22, 2013 and August 20, 2013 posts for more details on ResMed’s complaint and the Notice of Investigation, respectively.

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ALJ Pender Sets 15-Month Target Date In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Apr
25
On April 23, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Earpiece Devices Having Positioning And Retaining Structure and Components Thereof (Inv. No. 337-TA-912).

By way of background, the investigation is based on a February 26, 2014 complaint filed by Bose Corp. alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. in the importation into the U.S. and sale of certain earpiece devices having positioning and retaining structure and components thereof that infringe one or more claims of U.S. Patent No. 8,311,253.  See our February 27, 2014 and March 31, 2014 posts for more details on the complaint and Notice of Investigation, respectively. 

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ALJ Pender Denies Motion To Terminate Investigation Based On Lack Of Standing And Domestic Industry In Certain Wireless Devices, Including Mobile Phones And Tablets II (337-TA-905)

By Eric Schweibenz
|
May
20
On May 15, 2014, ALJ Thomas B. Pender issued Order No. 12 (dated May 1, 2014) in Certain Wireless Devices, Including Mobile Phones and Tablets II (Inv. No. 337-TA-905).

By way of background, this investigation is based on a complaint filed by Pragmatus Mobile, LLC (“Pragmatus”) alleging violations of Section 337 in the importation into the U.S. and sale of certain wireless devices, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 8,149,124 and 8,466,795 (the “Asserted Patents”).  See our December 19, 2013 and January 23, 2014 posts for more details on the complaint and notice of investigation, respectively.  The Complaint alleges, inter alia, that Pragmatus holds all rights, title, and interest to the Asserted Patents by way of assignment from Hoffman Resources LLC.  However, the Complaint included a document that appeared to contradict the public assignment records.  Accordingly, after inquiry into the issue by the Commission Investigative Staff, Pragmatus submitted a supplemental assignment assigning “all right, title, and interest that exist today and may exist in the future” from Pragmatus LLC to Pragmatus Mobile.  The Commission instituted the investigation after Pragmatus’ supplemental assignment was submitted.

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ALJ Pender Sets 16-Month Target Date In Certain Set-Top Boxes, Gateways, Bridges And Adapters (337-TA-915)

By Eric Schweibenz
|
May
30
On May 29, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Set-Top Boxes, Gateways, Bridges And Adapters and Components Thereof (Inv. No. 337-TA-915).

By way of background, the investigation is based on an April 17, 2014 complaint filed by ViXS Systems, Inc. and ViXS USA, Inc. alleging violation of Section 337 by Entropic Communications, Inc., DirecTV, LLC, Wistron NeWeb Corp., and CyberTAN Technology, Inc. by way of importation into the U.S. and sale of certain set-top boxes, gateways, bridges and adapters and components thereof infringe one or more claims of U.S. Patent Nos. 7,301,900, 7,099,951, 7,200,855, and 7,406,598.  See our April 18, 2014 post for more details on ViXS’s complaint and our May 19, 2014 post for more details on the Notice of Investigation.

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ALJ Pender Sets Date For Markman Hearing In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Jun
03
On May 30, 2014, ALJ Thomas B. Pender issued Order No. 5 in Certain Earpiece Devices Having Positioning And Retaining Structure and Components Thereof (Inv. No. 337-TA-912).

By way of background, the investigation is based on a February 26, 2014 complaint filed by Bose Corp. (“Bose”) alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. (collectively, “Monster”) in the importation into the U.S. and sale of certain earpiece devices having positioning and retaining structure and components thereof that infringe one or more claims of U.S. Patent No. 8,311,253.  See our February 27, 2014 and March 31, 2014 posts for more details on the complaint and Notice of Investigation, respectively. 

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ALJ Pender Denies Early Summary Determination Motion In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Jun
11
On June 3, 2014, ALJ Thomas B. Pender issued Order No. 6 in Certain Earpiece Devices Having Positioning and Retaining Structure and Components Thereof (Inv. No. 337-TA-912).

By way of background, this investigation is based on a February 26, 2014 complaint filed by Bose Corp. (“Bose”) alleging violation of Section 337 by Monster, Inc., Monster, LLC, and Monster Technology International, Ltd. by way of importation into the U.S. and sale of certain earpiece devices having positioning and retaining structure and components thereof that infringe one or more claims of U.S. Patent No. 8,311,253.  See our February 27, 2014 and March 31, 2014 posts for more details on Bose’s complaint and the Notice of Investigation, respectively.

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ALJ Pender Issues Claim Construction Order In Certain Wireless Devices, Including Mobile Phones and Tablets II (337-TA-905)

By Eric Schweibenz
|
Jun
12
On June 3, 2014, ALJ Thomas B. Pender issued Order No. 14 (dated June 2, 2014) in Certain Wireless Devices, Including Mobile Phones and Tablets II (Inv. No. 337-TA-905).

By way of background, this investigation is based on a complaint filed by Pragmatus Mobile, LLC (“Pragmatus”) alleging violations of Section 337 in the importation into the U.S. and sale of certain wireless devices, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 8,149,124 (the ’124 patent) and 8,466,795 (the ’795 patent).  See our December 19, 2013 and January 23, 2014 posts for more details on the complaint and notice of investigation, respectively.

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ALJ Pender Issues Notice Finding Violation Of Section 337 In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
|
Aug
25
On August 22, 2014, ALJ Thomas B. Pender issued a notice of Initial Determination ("ID") on violation of Section 337 in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

By way of background, the investigation is based on a complaint filed by ResMed Corporation, ResMed Incorporated, and ResMed Limited (collectively, "ResMed") alleging violation of Section 337 by BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, L.L.C. (collectively, "Respondents") in the importation and/or sale of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more claims of various patents.  See our July 22, 2013 and August 20, 2013 posts for more details on ResMed's complaint and the Notice of Investigation, respectively.
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