ALJ Pender

ALJ Pender Sets 16-Month Target Date And Procedural Schedule In Certain Devices Containing Non-Volatile Memory (337-TA-922)

By Eric Schweibenz
|
Aug
29
On August 25, 2014, ALJ Thomas B. Pender issued Order No. 5 in Certain Devices Containing Non-Volatile Memory and Products Containing the Same (Inv. No. 337-TA-922).

By way of background, this investigation is based on a June 27, 2014 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain devices containing non-volatile memory and products containing the same that infringe one or more claims of U.S. Patent Nos. 5,998,826; 6,031,757; 8,341,324; and 8,341,330.  See our June 30, 2014 and August 4, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets 16-Month Target Date In Certain Windshield Wipers (337-TA-928)

By Eric Schweibenz
|
Sep
12
On September 10, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928). Please note that Oblon Spivak represents Complainants in this matter.

By way of background, the investigation is based on a July 25, 2014 complaint filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 7,891,044; 7,937,798; and 8,220,106.  See our August 1, 2014 and August 28, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Issues Claim Construction Order In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Sep
16
On August 21, 2014, ALJ Thomas B. Pender issued Order No. 9 construing the disputed claim terms of the asserted patent 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. (collectively, "Monster") 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 Procedural Schedule In Certain Devices Containing Non-Volatile Memory (337-TA-922)

By Eric Schweibenz
|
Sep
24
On September 18, 2014, ALJ Thomas B. Pender issued Order No. 7 in Certain Devices Containing Non-Volatile Memory and Products Containing the Same (Inv. No. 337-TA-922).

By way of background, this investigation is based on a June 27, 2014 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain devices containing non-volatile memory and products containing the same that infringe one or more claims of U.S. Patent Nos. 5,998,826; 6,031,757; 8,341,324; and 8,341,330.  See our June 30, 2014 and August 4, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Rules On Motion For Summary Determination of Invalidity In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Oct
03
On September 18, 2014, ALJ Thomas B. Pender issued the public version of Order No. 12 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. (collectively, "Monster") 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 Public Versions Of Discovery Related Orders In Certain Opaque Polymers (337-TA-883)

By Eric Schweibenz
|
Oct
03
On September 24, 2014, ALJ Thomas B. Pender issued the public versions of Orders No. 15 (dated February 4, 2014) and 16 (dated February 20, 2014) in Certain Opaque Polymers (Inv. No. 337-TA-883).

By way of background, the investigation is based on a complaint filed by Rohm and Haas Company, Rohm and Haas Chemicals, and The Dow Chemical Company (collectively, “Dow”) alleging violation of Section 337 in the importation into the U.S. and sale of certain opaque polymers that infringe one or more claims of U.S. Patent Nos. 6,020,435; 6,252,004; 7,435,783; and 7,803,878.  See our May 22, 2013 and June 20, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Pender Sets Procedural Schedule In Certain Windshield Wipers (337-TA-928)

By Eric Schweibenz
|
Oct
21
On October 20, 2014, ALJ Thomas B. Pender issued Order No. 6 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928).  Please note that Oblon Spivak represents Complainants in this matter.

By way of background, the investigation is based on a July 25, 2014 complaint filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof that infringe one or more claims of U.S. Patent Nos. 7,891,044; 7,937,798; and 8,220,106.  See our August 1, 2014 and August 28, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Issues Sanctions Order For Spoliation Of Evidence In Certain Opaque Polymers (337-TA-883)

By Eric Schweibenz
|
Oct
24
On October 20, 2014, ALJ Thomas B. Pender issued Order No. 28 and a Notice in Certain Opaque Polymers (Inv. No. 337-TA-883).

By way of background, the investigation is based on a complaint filed by Rohm and Haas Company, Rohm and Haas Chemicals, and The Dow Chemical Company (collectively, "Dow") alleging violation of Section 337 in the importation into the U.S. and sale of certain opaque polymers that infringe one or more claims of U.S. Patent Nos. 6,020,435; 6,252,004; 7,435,783; and 7,803,878.  See our May 22, 2013 and June 20, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Pender Sets 16-Month Target Date In Certain Consumer Electronics And Display Devices With Graphics Processing (337-TA-932)

By Eric Schweibenz
|
Oct
30
On October 30, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Consumer Electronics And Display Devices With Graphics Processing Units Therein (Inv. No. 337-TA-932).

By way of background, this investigation is based on a September 4, 2014 complaint filed by NVIDIA Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain consumer electronics and display devices with graphics processing and graphics processing units (GPUs), and the processors and chipsets used in those devices that contain GPUs, that infringe one or more claims of U.S. Patent Nos. 6,198,488; 6,992,667; 7,038,685; 7,015,913; 6,697,063; 7,209,140; and 6,690,372.  See our September 5, 2014 and October 9, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Grants Motion To Terminate Investigation In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)

By Eric Schweibenz
|
Oct
31
On October 28, 2014, ALJ Thomas B. Pender issued Order No. 16 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. (collectively, "Monster") 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 Initial Determination Finding Spoliation And Imposing Sanctions In Certain Opaque Polymers (337-TA-883)

By Eric Schweibenz
|
Dec
02
On October 30, 2014, ALJ Thomas B. Pender issued the public version of Order No. 27 (dated October 20, 2014) in Certain Opaque Polymers (Inv. No. 337-TA-883).  Due to the large size of the order, we have divided it into the following eight parts:  part 1, part 2, part 3, part 4, part 5, part 6, part 7, and part 8.

By way of background, the investigation is based on a complaint filed by Rohm and Haas Company, Rohm and Haas Chemicals, and The Dow Chemical Company (collectively, "Dow") alleging violation of Section 337 in the importation into the U.S. and sale of certain opaque polymers that infringe one or more claims of U.S. Patent Nos. 6,020,435; 6,252,004; 7,435,783; and 7,803,878.  See our May 22, 2013 and June 20, 2013 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Pender Issues Notice Of Initial Determination On Violation In Certain Soft-Edged Trampolines (337-TA-908)

By Eric Schweibenz
|
Dec
08
On December 5, 2014, ALJ Thomas B. Pender issued the notice of Initial Determination ("ID") on violation of Section 337 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 filed by Springfree Trampoline, Inc., Springfree Trampoline USA Inc., and Springfree Limited Partnership alleging violation 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 (the '174 patent).  See our December 31, 2013 and January 27, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Consolidates 337-TA-928 and 337-TA-937 Investigations Regarding Certain Windshield Wipers

By Eric Schweibenz
|
Dec
15
On December 9, 2014, ALJ Thomas B. Pender issued Orders consolidating Inv. Nos. 337-TA-928 and 337-TA-937 relating to Certain Windshield Wipers and Components Thereof . Please note that Oblon Spivak represents Complainants in both of these matters.

By way of background, Valeo North America, Inc. and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively "Valeo") filed a complaint on July 25, 2014 against Federal-Mogul Corp., Federal-Mogul Vehicle Component Solutions, Inc., and Federal-Mogul S.A. The 337-TA-928 investigation was instituted by the Commission on August 27, 2014.  See our August 1, 2014 and August 28, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  Additionally, Valeo filed a complaint on October 14, 2014 against Trico Products Corp., Trico Products, and Trico Componentes SA de CV.  The 337-TA-937 investigation was instituted by the Commission on November 17, 2014.  See our October 16, 2014 and November 19, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets Procedural Schedule In Certain Consumer Electronics And Display Devices With Graphics Processing (337-TA-932)

By Eric Schweibenz
|
Jan
02
On December 29, 2014, ALJ Thomas B. Pender issued Order No. 9 in Certain Consumer Electronics And Display Devices With Graphics Processing Units Therein (Inv. No. 337-TA-932).

By way of background, this investigation is based on a September 4, 2014 complaint filed by NVIDIA Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain consumer electronics and display devices with graphics processing and graphics processing units (GPUs), and the processors and chipsets used in those devices that contain GPUs, that infringe one or more claims of U.S. Patent Nos. 6,198,488; 6,992,667; 7,038,685; 7,015,913; 6,697,063; 7,209,140; and 6,690,372.  See our September 5, 2014 and October 9, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Issues Claim Construction Order In Certain Devices Containing Non-Volatile Memory (337-TA-922)

By Eric Schweibenz
|
Jan
23
On January 14, 2015, ALJ Thomas B. Pender issued Order No. 10 construing the disputed claim terms of the asserted patents in Certain Devices Containing Non-Volatile Memory and Products Containing the Same (Inv. No. 337-TA-922).  Due to the size of the order, we have split the order into part 1, part 2, and part 3.

By way of background, this investigation is based on a June 27, 2014 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. (collectively, "Macronix") alleging violation of Section 337 in the importation into the U.S. and sale of certain devices containing non-volatile memory and products containing the same that infringe one or more claims of U.S. Patent Nos. 5,998,826 ("the '826 patent"); 6,031,757 ("the '757 patent"); 8,341,324 ("the '324 patent"); and 8,341,330 ("the '330 patent").  See our June 30, 2014 and August 4, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets 16-Month Target Date In Certain Wireless Devices, Including Mobile Phones And Tablets III (337-TA-942)

By Eric Schweibenz
|
Feb
09
On February 9, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Wireless Devices, Including Mobile Phones And Tablets III (Inv. No. 337-TA-942).

By way of background, this investigation is based on a November 24, 2014 complaint filed by Pragmatus Mobile, LLC of Alexandria, Virginia alleging violation 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 No. 8,466,795.  See our November 28, 2014 and December 26, 2014 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Pender Sets 16-Month Target Date In Certain Wireless Headsets (337-TA-943)

By Eric Schweibenz
|
Feb
10
On February 9, 2015, ALJ Thomas B. Pender issued Order No. 5 in Certain Wireless Headsets (Inv. No. 337-TA-943).

By way of background, this investigation is based on a December 8, 2014 complaint and December 24, 2014 supplement to the 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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ALJ Pender Terminates Investigation Based On Settlement Agreement In Certain Devices Containing Non-Volatile Memory (337-TA-922)

By Eric Schweibenz
|
Feb
12
On February 6, 2015, ALJ Thomas B. Pender issued Order No. 12 in Certain Devices Containing Non-Volatile Memory and Products Containing the Same (Inv. No. 337-TA-922).

By way of background, this investigation is based on a June 27, 2014 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. (collectively, "Macronix") alleging violation of Section 337 in the importation into the U.S. and sale of certain devices containing non-volatile memory and products containing the same that infringe one or more claims of U.S. Patent Nos. 5,998,826 ("the '826 patent"); 6,031,757 ("the '757 patent"); 8,341,324 ("the '324 patent"); and 8,341,330 ("the '330 patent").  See our June 30, 2014 and August 4, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets Consolidated Procedural Schedule In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Feb
19
On January 21, 2015, ALJ Thomas B. Pender issued Order No. 10 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico alleging violation of Section 337 in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our August 1, 2014, August 28, 2014, October 16, 2014, and November 19, 2014 posts for more details on the complaints and Notices of Investigation in the 928 and 937 investigations.  On December 9, 2014, ALJ Pender consolidated the 928 and 937 investigations.  See our December 15, 2014 post for more details.
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ALJ Pender Denies Motion To Consolidate In Certain Network Devices (II) (337-TA-945)

By Eric Schweibenz
|
Feb
20
On February 5, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Network Devices, Related Software and Components Thereof (II) (Inv. No. 337-TA-945).  In the Order, ALJ Pender denied Respondent Arista Networks, Inc.'s ("Arista") motion to consolidate Inv. Nos. 337-TA-944 and 337-TA-945.
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