Initial Determinations

ALJ Shaw Issues Notice Of Initial Determination In Certain Multiple Mode Outdoor Grills (337-TA-895)

By Eric Schweibenz
|
Oct
02
On September 26, 2014, ALJ David P. Shaw issued a notice regarding the Final Initial Determination ("ID") in Certain Multiple Mode Outdoor Grills and Parts Thereof (Inv. No. 337-TA-895).

By way of background, this investigation is based on a complaint filed by A&J Manufacturing, LLC and A&J Manufacturing, Inc. (collectively, "A&J") alleging violation of Section 337 by over 20 proposed respondents in the importation and sale of certain multiple mode outdoor grills and parts thereof that infringe one or more claims of U.S. Patent Nos. 8,381,712, D660,646 and D662,773.  See our August 22, 2013 and September 23, 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
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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 Lord Issues Notice Of Initial Determination Finding No Violation Of Section 337 In Certain Television Sets, Television Receivers, Television Tuners (337-TA-910)

By Eric Schweibenz
|
Feb
27
On February 27, 2015, ALJ Dee Lord issued a Notice Regarding Initial Determination On Violation of Section 337 ("ID") in Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910).

By way of background, this investigation is based on a January 28, 2014 complaint filed by Cresta Technology Corp. ("Complainant") alleging violation of Section 337 in the importation into the U.S. and sale of certain television sets, television receivers, television tuners, and components thereof that infringe one or more claims of U.S. Patent Nos. 7,075,585, 7,265,792, and 7,251,466.  See our January 30, 2014 and March 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Issues Notice Of Initial Determination Of No Violation In Certain Sulfentrazone (337-TA-914)

By Eric Schweibenz
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Apr
23
On April 10, 2015, ALJ Dee Lord issued a Notice Regarding Initial Determination On Violation Of Section 337 And Recommended Determination On Remedy And Bonding in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes For Making Sulfentrazone (Inv. No. 337-TA-914).

By way of background, the investigation is based on a complaint filed by FMC Corp. alleging the violation of Section 337 by Summit Agro USA, LLC, Summit Agro North America, Holding Corporation, Nutrichem Co., Ltd., and Jiangxi Heyi Chemicals Co., Ltd. in the importation into the U.S., sale for importation, or sale after importation of certain sulfentrazone, sulfentrazone compositions, and processes for making sulfentrazone that infringe one or more claims of U.S. Patent No. 7,169,952 (the '952 patent).  See our March 6, 2014 and April 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  When filing the complaint, FMC moved for temporary relief under subsection (e) of Section 337, which was later denied. See our September 10, 2014 post for more details.
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ALJ Essex Issues Initial Determination Finding No Violation Of Section 337 In Certain Vision-Based Driver Assistance System Cameras (337-TA-907)

By Eric Schweibenz
|
May
01
On April 27, 2015, ALJ Theodore R. Essex issued a Notice Regarding Initial Determination On Violation Of Section 337 ("ID") in Certain Vision-Based Driver Assistance System Cameras and Components Thereof (Inv. No. 337-TA-907).

By way of background, this investigation is based on a December 23, 2013 complaint filed by Magna Electronics Inc. ("Magna") against TRW Automotive U.S. LLC ("TRW") alleging violations of Section 337 in the importation into the U.S. and sale of certain vision-based driver assistance system cameras.  See our December 30, 2013 and January 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Issues Public Version Of Initial Determination In Certain Television Sets, Television Receivers, Television Tuners (337-TA-910)

By Eric Schweibenz
|
May
20
On April 10, 2015, ALJ Dee Lord issued the public version (originally dated February 27, 2015) of the Initial Determination ("ID") on Violation of Section 337 in Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910).  Due to the size of the ID, we have split the document into part 1 and part 2.

By way of background, this investigation is based on a January 28, 2014 complaint filed by Cresta Technology Corp. ("Cresta") alleging violation of Section 337 in the importation into the U.S. and sale of certain television sets, television receivers, television tuners, and components thereof that infringe one or more claims of U.S. Patent Nos. 7,075,585 (the '585 patent), 7,265,792 (the '792 patent), and 7,251,466 (the '466 patent).  See our January 30, 2014 and March 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  The named Respondents in the investigation are Silicon Laboratories, Inc. ("Silicon Labs"), MaxLinear, Inc. ("MaxLinear"), Samsung Electronics Co., Ltd. and Samsung Electronics America (collectively, "Samsung"), VIZIO, Inc. ("VIZIO"), LG Electronics, Inc. and LG Electronics U.S.A. (collectively, "LG"), and Sharp Corporation and Sharp Electronics (collectively, "Sharp") (hereinafter, "Respondents").
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ALJ Shaw Issues Notice Finding No Violation Of Section 337 In Certain Marine Sonar Imaging Devices, Including Downscan And Sidescan Devices (337-TA-921)

By Eric Schweibenz
|
Jul
02
On July 2, 2015, ALJ David P. Shaw issued a notice of the Initial Determination ("ID") in Certain Marine Sonar Imaging Devices, Including Downscan And Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921).

By way of background, this investigation is based on a June 9, 2014 complaint filed by Navico, Inc. and Navico Holding AS 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; 8,300,499; and 8,605,550.  See our June 10, 2014 and July 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Finds Violation Of Section 337 In Certain Marine Sonar Imaging Systems (337-TA-926)

By Eric Schweibenz
|
Jul
13
On July 13, 2015, ALJ Theodore R. Essex issued a notice of the Initial Determination ("ID") in Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-926).

By way of background, this investigation is based on a July 18, 2014 complaint filed by Johnson Outdoors Inc. and Johnson Outdoors Marine Electronics, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain marine sonar imaging systems, products containing the same, and components thereof that infringe one or more claims of U.S. Patent Nos. 7,652,952 (the '952 patent); 7,710,825 (the '825 patent); and 7,755,974 (the '974 patent).  See our July 23, 2014 and August 21, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Lord Terminates Investigation Based On Lack Of Standing In Certain Optical Disc Drives (337-TA-897)

By Eric Schweibenz
|
Jul
22
On June 5, 2015, ALJ Dee Lord issued the heavily redacted public version of the Initial Determination ("ID") dated April 27, 2015 in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897) terminating the investigation based on Complainant's lack of standing.

By way of background, the investigation in this case is based on a September 3, 2013 complaint filed by Optical Devices, LLC ("Optical") alleging violation of Section 337 in the importation into the U.S. and sale of certain optical disc drives, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,904,007; 7,196,979; 8,416,651; RE40,927; RE42,913; and RE43,681.  See our September 6, 2013 and October 23, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Essex Finds No Violation of Section 337 In Certain Beverage Brewing Capsules (337-TA-929)

By Eric Schweibenz
|
Sep
11
On September 4, 2015, ALJ Theodore R. Essex issued a notice of the Initial Determination ("ID")in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the investigation is based on an August 4, 2014 complaint filed by ARM Enterprises, Inc. and Adrian Rivera alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320.  See our August 6, 2014 and September 11, 2014 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 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 Shaw Issues Notice of Initial Determination Finding Violation of Section 337 In Certain Dental Implants (337-TA-934)

By Eric Schweibenz
|
Nov
13
On October 27, 2015, ALJ David P. Shaw issued a notice of the Initial Determination (“ID”) in Certain Dental Implants (Inv. No. 337-TA-934).

By way of background, this investigation is based on a September 25, 2014 complaint filed by Nobel Biocare Services AG and Nobel Biocare USA, LLC (collectively, “Nobel”) alleging violation of Section 337 in the importation into the U.S. and sale of certain dental implants that infringe one or more claims of U.S. Patent Nos. 8,714,977 and 8,764,443.  See our September 29, 2014 and October 22, 2014 posts for more details on the complaint and the notice of investigation, respectively.
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ALJ Bullock Issues Notice Of Initial Determination Finding Violation Of Section 337 In Certain Footwear Products (337-TA-936)

By Eric Schweibenz
|
Nov
18
On November 17, 2015, Chief ALJ Charles E. Bullock issued a notice of the Initial Determination (“ID”) in Certain Footwear Products (Inv. No. 337-TA-936).

By way of background, this investigation is based on an October 14, 2014 complaint filed by Converse Inc. (“Converse”) alleging violation of Section 337 in the importation into the U.S. and sale of certain footwear products that infringe U.S. Trademark Registration Nos. 4,398,753; 3,258,103; and 1,588,960.  Additionally, Converse alleged violation of Section 337 based upon unfair competition/false designation of origin, common law trademark infringement and unfair competition, and trademark dilution.  See our October 15, 2014 and November 14, 2014 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 Essex Finds Violation Of Section 337 In Certain Three-Dimensional Cinema Systems (337-TA-939)

By Eric Schweibenz
|
Dec
21
On December 16, 2015, ALJ Theodore R. Essex issued a notice of the Initial Determination on Violation of Section 337 (“ID”) in Certain Three-Dimensional Cinema Systems and Components Thereof (Inv. No. 337-TA-938).

By way of background, this investigation is based on a November 7, 2014 complaint filed by RealD Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain three-dimensional cinema systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,905,602; 8,220,934 ; 7,857,455; and 7,959,296.  See our November 11, 2014 and December 10, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
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ALJ Shaw Finds Violation Of Section 337 In Certain Graphics Processing Chips (337-TA-941)

By Eric Schweibenz
|
Dec
23
On December 22, 2015, ALJ David P. Shaw issued a notice of the Final Initial Determination (“ID”) in Certain Graphics Processing Chips, Systems On A Chip, And Products Containing the Same (Inv. No. 337-TA-941).

By way of background, this investigation is based on a November 21, 2014 complaint filed by Samsung Electronics Co., Ltd. and Samsung Austin Semiconductor, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain graphics processing units, systems on a chip, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,147,385; 6,173,349; 7,056,776; and 7,804,734.  See our November 26, 2014 and December 24, 2014 posts for more details on the complaint and Notice of Investigation.
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ALJ Shaw Finds Violation Of Section 337 In Certain Network Devices (337-TA-944)

By Eric Schweibenz
|
Feb
04
On February 2, 2016, ALJ David P. Shaw issued a notice of the Final Initial Determination (“ID”) in Certain Network Devices, Related Software and Components Thereof (I) (Inv. No. 337-TA-944).

By way of background, this investigation is based on a December 19, 2014 complaint and January 8, 2015 supplement to the complaint filed by Cisco Systems, Inc. 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. 7,162,537; 8,356,296; 7,290,164; 7,340,597; 6,741,592; and 7,200,145.  See our December 29, 2014 and February 5, 2015 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 By Umicore In Certain Lithium Metal Oxide Cathode Materials (337-TA-951)

By Eric Schweibenz
|
Mar
01
On February 29, 2016, ALJ Thomas B. Pender issued a notice of the Initial Determination on Violation of Section 337 (“ID”) 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 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 McNamara Issues Notice Finding Violation of Section 337 In Certain Light-Emitting Diode Products (337-TA-947)

By Eric Schweibenz
|
Aug
01
On August 1, 2016, ALJ MaryJoan McNamara issued a Notice Regarding Initial Determination on Violation of Section 337 (“ID”) in Certain Light-Emitting Diode Products and Components Thereof (Inv. No. 337-TA-947).

By way of background, this investigation is based on a January 12, 2015 complaint filed by Cree, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain light-emitting diode products and components thereof that infringe one or more claims of U.S. Patent Nos. 6,657,236; 6,885,036; 6,614,056; 7,312,474; 7,976,187; 8,766,298; 8,596,819; and 8,628,214.  See our March 19, 2015 post for more details on the Notice of Investigation.
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