ALJ Pender

ALJ Pender Grants Motion To Intervene In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Aug
25
On August 7, 2015, ALJ Thomas B. Pender issued Order No. 15 in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015and March 23, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets Procedural Schedule In Certain Lip Balm Products (337-TA-961)

By Eric Schweibenz
|
Aug
27
On August 27, 2015, ALJ Thomas B. Pender issued Order No. 8 in Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof (Inv. No. 337-TA-961).

By way of background, this investigation is based on a June 12, 2015 complaint filed by eos Products, LLC and The Kind Group LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain lip balm products, containers for lip balm, and components thereof that infringe one or more claims of U.S. Patent No. 8,888,391.  See our June 15, 2015 and July 14, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Terminates Investigation As To OraLabs In Certain Lip Balm Products (337-TA-961)

By Eric Schweibenz
|
Aug
31
On August 31, 2015, ALJ Thomas B. Pender issued Order No. 9 in Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof (Inv. No. 337-TA-961).

By way of background, this investigation is based on a June 12, 2015 complaint filed by eos Products, LLC and The Kind Group LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain lip balm products, containers for lip balm, and components thereof that infringe one or more claims of U.S. Patent No. 8,888,391.  See our June 15, 2015 and July 14, 2015posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Denies Motion To Stay Pending Appeal And Orders Respondents To Show Cause Why They Should Not Be Sanctioned In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Sep
03
On August 28, 2015, ALJ Thomas B. Pender issued Order No. 17 (dated Aug. 27, 2015) in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949), denying Respondents' motion for stay pending appeal and ordering Respondents to show cause why they should not be sanctioned for filing the motion for stay.

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. ("Andrea") alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Finds No Violation Of Section 337 In Certain Consumer Electronics And Display Devices With Graphics Processing (337-TA-932)

By Eric Schweibenz
|
Oct
12
On October 9, 2015, ALJ Thomas B. Pender issued a notice of the Initial Determinationon Violation of Section 337 ("ID") 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.

In the October 9, 2015 notice, ALJ Pender determined:
[I]t is my Initial Determination that there is no violation of Section 337 of the Tariff Act of 1930, as amended, in the importation into the United States, the sale for importation, or the sale wifhin the United States after importation of Certain Consumer Electronics And Display Devices With Graphics Processing And Graphics Processing Units Therein, in connection with the Asserted Claims of U.S. PatentNo. 7,209,140; U.S. Patent No. 6,690,372; or U.S. Patent No. 7,038,685.  Furthermore, it is the determmation of this Adnrinistrative Law Judge that a domestic industry in the United States does not exist that practices or exploits U.S. Patent No. 7,209,140 or U.S. Patent No. 6,690,372, but that a domestic industry in the United States does exist that practices or exploits U.S. Patent No. 7,038,685.

ALJ Pender's notice only released limited information.  We will provide additional information after the public version of the ID is issued.
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ALJ Pender Denies Motion For Partial Summary Determination In Certain Lithium Metal Oxide Cathode Materials (337-TA-951)

By Eric Schweibenz
|
Oct
13
On September 24, 2015, ALJ Thomas B. Pender issued the public version of Order No. 19 (dated September 14, 2015) in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, and Power Tool Products with Lithium-Ion Batteries Containing Same (Inv. No. 337-TA-951).

By way of background, this investigation is based on a February 20, 2015 complaint filed by BASF Corp. and UChicago Argonne LLC ("Complainants") alleging violation of Section 337 in the importation into the U.S. and sale of certain lithium metal oxide cathode materials, lithium-ion batteries containing same, and products with lithium-ion batteries containing same that infringe one or more claims of U.S. Patent Nos. 6,677,082 and 6,680,143.  See our February 23, 2015and April 1, 2015 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Pender Terminates Investigation In Certain Lip Balm Products (337-TA-961)

By Eric Schweibenz
|
Oct
15
On September 28, 2015, ALJ Thomas B. Pender issued Order No. 12 in Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof (Inv. No. 337-TA-961).

By way of background, this investigation is based on a June 12, 2015 complaint filed by eos Products, LLC and The Kind Group LLC (collectively, the "Complainants") alleging violation of Section 337 in the importation into the U.S. and sale of certain lip balm products, containers for lip balm, and components thereof that infringe one or more claims of U.S. Patent No. 8,888,391.  See our June 15, 2015 and July 14, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Sets Procedural Schedule In Certain Table Saws Incorporating Active Injury Mitigation Technology (337-TA-965)

By Eric Schweibenz
|
Oct
15
On October 1, 2015, ALJ Thomas B. Pender issued Order No. 4 in Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof (Inv. No. 337-TA-965).

By way of background, this investigation is based on a July 16, 2015 complaint filed by SawStop, LLC and SD3, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain certain table saws incorporating active injury mitigation technology and components thereof that infringe one or more claims of U.S. Patent Nos. 7,225,712; 7,600,455; 7,610,836; 7,895,927; 8,011,279; and 8,191,450.  See our July 16, 2015 and August 28, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Rules On Motion To Strike Expert Report In Certain Lithium Metal Oxide Cathode Materials (337-TA-951)

By Eric Schweibenz
|
Oct
21
On October 2, 2015, ALJ Thomas B. Pender issued the public version of Order No. 22 (dated September 24, 2015) in Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, and Power Tool Products with Lithium-Ion Batteries Containing Same (Inv. No. 337-TA-951).

By way of background, this investigation is based on a February 20, 2015 complaint filed by BASF Corp. and UChicago Argonne LLC (collectively, the "Complainants") alleging violation of Section 337 in the importation into the U.S., sale for importation, and/or sale within the U.S. after importation of certain lithium metal oxide cathode materials, lithium-ion batteries containing same, and products with lithium-ion batteries containing same that infringe one or more claims of U.S. Patent Nos. 6,677,082 and 6,680,143.  See our February 23, 2015 and April 1, 2015 posts for more details on the complaint and notice of investigation, respectively.
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ALJ Pender Finds Violation Of Section 337 By Trico In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Oct
22
On October 22, 2015, ALJ Thomas B. Pender issued a notice of the Initial Determination on Violation of Section 337(“ID”) 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 (collectively, “Valeo”) alleging violation of Section 337 by Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) 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, November 19, 2014, December 15, 2014 and July 7, 2015posts for more details on this investigation.
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ALJ Pender Sets 16-Month Target Date In Certain Blood Cholesterol Test Strips (337-TA-969)

By Eric Schweibenz
|
Nov
19
On November 10, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Blood Cholesterol Test Strips and Associated Systems Containing Same (Inv. No. 337-TA-969).

By way of background, this investigation is based on an October 2, 2015 complaint filed by Polymer Technology Systems, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain blood cholesterol test strips and associated systems containing same that infringe one or more claims of U.S. Patent No. 7,087,397.  See our October 6, 2015 and November 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Issues Public Version Of Initial Determination In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Nov
25
Further to our October 22, 2015 post, on November 13, 2015, ALJ Thomas B. Pender issued the public version of the Initial Determination (“ID”) (dated October 22, 2015) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937) (due to the size of the ID, we have split it up into part 1 and part 2).  Please further 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 (collectively, “Valeo”) alleging violation of Section 337 by Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) 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, November 19, 2014, December 15, 2014, and July 7, 2015 posts for more details on this investigation.
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ALJ Pender Sets Procedural Schedule In Certain Blood Cholesterol Test Strips (337-TA-969)

By Eric Schweibenz
|
Nov
27
On November 25, 2015, ALJ Thomas B. Pender issued Order No. 6 in Certain Blood Cholesterol Test Strips and Associated Systems Containing Same (Inv. No. 337-TA-969).

By way of background, this investigation is based on an October 2, 2015 complaint filed by Polymer Technology Systems, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain blood cholesterol test strips and associated systems containing same that infringe one or more claims of U.S. Patent No. 7,087,397.  See our October 6, 2015 and November 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Grants Motion To Terminate Investigation As To Acer Respondents In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Nov
30
On November 25, 2015, ALJ Thomas B. Pender issued Order No. 24 in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. (“Andrea”) alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 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 Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
|
Dec
09
On December 8, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973).

By way of background, this investigation is based on a November 2, 2015 complaint filed by Fitbit, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable activity tracking devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,920,332; 8,868,377; and 9,089,760.  See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Denies Trico Motion To Declassify Confidential Business Information In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Dec
24
On December 1, 2015, ALJ Thomas B. Pender issued the public version of Order No. 42 (dated November 18, 2015) in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please further 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 (collectively, “Valeo”) alleging violation of Section 337 by Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) 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, November 19, 2014, December 15, 2014, July 7, 2015, and November 25, 2015 posts for more details on this investigation.
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ALJ Pender Sets Procedural Schedule In Certain Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
|
Jan
13
On January 5, 2016, ALJ Thomas B. Pender issued Order No. 4 in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973).

By way of background, this investigation is based on a November 2, 2015 complaint filed by Fitbit, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable activity tracking devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,920,332; 8,868,377; and 9,089,760.  See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Grants Motion To Terminate Investigation As To Hewlett Packard In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Jan
19
On January 12, 2016, ALJ Thomas B. Pender issued Order No. 30 in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. (“Andrea”) alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Pender Grants Motion To Terminate Remand Investigation With Respect To Certain Obsolete Products In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Jan
27
On January 11, 2016, ALJ Thomas B. Pender issued Order No. 43 in the remand proceeding of Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please further 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 (collectively, “Valeo”) alleging violation of Section 337 by Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our October 16, 2014, November 19, 2014, November 25, 2015, and December 31, 2015 posts for more details on this investigation.
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ALJ Pender Grants Motion To Terminate Investigation As To ASUSTeK Respondents In Certain Audio Processing Hardware And Software (337-TA-949)

By Eric Schweibenz
|
Feb
08
On February 4, 2016, ALJ Thomas B. Pender issued Order No. 33 in Certain Audio Processing Hardware and Software and Products Containing Same (Inv. No. 337-TA-949).

By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. (“Andrea”) alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898; 6,483,923; 6,049,607; 6,363,345; and 6,377,637.  See our February 4, 2015 and March 23, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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