Initial Determinations

ALJ Cheney Issues Initial Determination in Certain Variable Speed Wind Turbine Generators (337-TA-1218)

By John Presper
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Oct
22

On September 10, 2021, ALJ Cheney issued his final initial determination (“ID”) (Part I, Part II) finding a violation of section 337 in Certain Variable Speed Wind Turbine Generators and Components Thereof (Inv. No. 337-TA-1218).

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ALJ Shaw Finds Violation of Section 337 in Certain Movable Barrier Operator Systems (337-TA-1209)

By John Presper
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Oct
26

On October 13, 2021, ALJ David P. Shaw released the public version (Part I, Part II) of his final initial determination (“ID”) finding a violation of section 337 in Certain Movable Barrier Operator Systems and Components Thereof(Inv. No. 337-TA-1209).

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ALJ McNamara Grants Summary Determination of Violation of Section 337 in Certain Vaporizer Cartridges (337-TA-1211)

By John Presper
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Nov
16

On November 12, 2021, ALJ MaryJoan McNamara issued the public version of her October 14, 2021 initial determination (“ID”) granting Complainant Juul Labs Inc.’s (“JLI”) motion for summary determination that the defaulting respondents in Certain Vaporizer Cartridges and Components Thereof (Inv. No. 337-TA-1211) violated section 337.

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ALJ Cheney Finds Violation of Section 337 in Certain Shingled Solar Modules (337-TA-1223)

By Eric Schweibenz
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Nov
23

On November 18, 2021, ALJ Clark S. Cheney issued the public version of his October 22, 2021 initial determination (“ID”) finding a violation of section 337 in Certain Shingled Solar Modules, Components Thereof, and Methods for Manufacturing the Same(Inv. No. 337-TA-1223).

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ALJ McNamara Grants Motion for Summary Determination of Violation by Defaulting Respondents in Certain Percussive Massage Devices (337-TA-1206)

By John Presper
|
Dec
02

On November 30, 2021, ALJ McNamara issued the public version of his initial determination (“ID”) granting Complainant Hyperice, Inc.’s (“Hyperice”) motion for summary determination of violation of section 337 in Certain Percussive Massage Devices (Inv. No. 337-TA-1206).

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Chief ALJ Bullock Issues Initial Determination of Violation of Section 337 in Certain Cloud-Connected Wood-Pellet Grills (337-TA-1237)

By John Presper
|
Dec
08

On December 6, 2021, Chief ALJ Charles E. Bullock issued a notice of his initial determination (“ID”) finding a violation of section 337 in Certain Cloud-Connected Wood-Pellet Grills and Components Thereof (Inv. No. 337-TA-1237).

By way of background, this investigation was instituted on January 4, 2021 based on a complaint filed by Traeger Pellet Grills LLC of Salt Lake City, Utah (“Traeger”) alleging violations of section 337 by Respondent GMG Products LLC of Lakeside, Oregon (“GMG” or “Respondent”) due to the importation/sale of certain cloud-connected wood-pellet grills and components thereof that infringe certain claims of U.S. Patent No. 10,158,720 (“the ’720 Patent”) and U.S. Patent No. 10,218,833 (“the ’833 Patent”).  GMG was previously granted summary determination of non-infringement as to the ’833 patent, which was affirmed by the Commission.  See our November 22, 2021 post for more details regarding the Commission’s opinion.

According to the notice, the Chief ALJ found a violation of section 337 with respect to the ’720 patent based on the following conclusions of law:

  1. The Commission has subject matter jurisdiction over this investigation, in personamjurisdiction over Respondent, and in remjurisdiction over the accused cloud-connected wood-pellet grills and components thereof.
  1. There has been an importation into the United States, sale for importation, or sale within the United States after importation of the accused products by Respondent.
  1. The accused products infringe claims 1 and 2 of the ’720 patent.
  1. The accused products do not infringe claims 12, 16, 21, and 22 of the ’720 patent
  1. Certain domestic industry products practice claims 1 and 2 of the ’720 patent.
  1. Respondent is estopped from challenging the invalidity of the ’720 patent based on the asserted prior art.
  1. The ’720 patent is not unenforceable for inequitable conduct.

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Chief ALJ Bullock Finds No Violation of Section 337 in Certain Automated Storage and Retrieval Systems (337-TA-1228)

By Eric Schweibenz
|
Dec
14

On December 13, 2021, Chief ALJ Charles E. Bullock issued a notice of his initial determination (“ID”) finding no violation of section 337 in Certain Automated Storage and Retrieval Systems, Robots, and Components Thereof (Inv. No. 337-TA-1228).

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ALJ McNamara Grants-in-Part Complainant’s Motion for Summary Determination on Violations of Section 337 by Defaulting Respondents in Certain Electric Shavers (337-TA-1230)

By Eric Schweibenz
|
Dec
27

On December 13, 2021, ALJ MaryJoan McNamara issued the public version of Order No. 33 (Part I, Part II, Part III) granting-in-part Complainant Skull Shaver, LLC’s (“Skull Shaver”) motion for summary determination on violations of section 337 in Certain Electric Shavers and Components and Accessories Thereof (Inv. No. 337-TA-1230).

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Chief ALJ Bullock Grants Motion for Summary Determination of Violation of Section 337 in Certain Apparatus and Methods of Opening Containers (337-TA-1255)

By John Presper
|
Dec
28

On December 27, 2021, Chief ALJ Charles E. Bullock issued the public version of Order No. 11 granting Complainant Draft Top, LLC’s (“Draft Top”) motion for summary determination of violation of section 337 by Respondents KKS Enterprises Co., Ltd. (“KKS”); Kingskong Enterprises Co., Ltd. (“Kingskong”); Du Zuojun; WN Shipping USA, Inc. (“WN Shipping”); Shuje Wei; Express Cargo Forwarded, Ltd. (“Express Cargo”); and Hou Wenzheng (collectively, the “Defaulting Respondents”) in Certain Apparatus and Methods of Opening Containers(Inv. No. 337-TA-1255).

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ALJ Cheney Issues Initial Determination Finding No Violation of Section 337 in Certain Filament Light-Emitting Diodes (337-TA-1220)

By Eric Schweibenz
|
Dec
28

On December 21, 2021, ALJ Clark S. Cheney issued the public version (Part I, Part II, Part III) of his November 19, 2021 final initial determination (“ID”) finding no violation of section 337 in Certain Filament Light-Emitting Diodes and Products Containing Same (II)(Inv. No. 337-TA-1220).

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ALJ Elliot Issues Initial Determination of No Violation of Section 337 in Certain Digital Video-Capable Devices (337-TA-1224)

By Eric Schweibenz
|
Dec
29

On December 20, 2021, ALJ Cameron Elliot issued the public version (Part I, Part II) of his final initial determination (“ID”) of no violation of section 337 in Certain Digital Video-Capable Devices and Components Thereof (Inv. 337-TA-1224).

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Chief ALJ Bullock Finds No Violation of Section 337 in Certain Artifical Eyelash Extension Systems (337-TA-1226)

By John Presper
|
Jan
06

On December 30, 2021, Chief ALJ Charles E. Bullock issued the public version (Part I, Part II, Part III, Part IV) of his October 28, 2021 initial determination (“ID”) finding no violation of section 337 in Certain Artificial Eyelash Extension Systems, Products, and Components Thereof (Inv. No. 337-TA-1226).

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Chief ALJ Bullock Finds No Violation of Section 337 in Certain Wrapping Material (337-TA-1210)

By John Presper
|
Jan
07

On December 29, 2021, Chief ALJ Charles E. Bullock issued the public version of his December 10, 2021 initial determination (“ID”) finding no violation of section 337 in Certain Wrapping Material and Methods for Use in Agricultural Applications (Inv. No. 337-TA-1210).

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ALJ Cheney Finds No Violation of Section 337 in Certain High-Potency Sweeteners (337-TA-1264)

By Eric Schweibenz
|
Jan
12

On January 11, 2022, ALJ Clark S. Cheney issued an initial determination (“ID”) finding no violation of section 337 due to the invalidity of the asserted patents in Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same (Inv. No. 337-TA-1264).

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ALJ Elliot Issues Initial Determination in Certain Polycrystalline Diamond Compacts (337-TA-1236)

By John Presper
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Mar
05

On March 3, 2022, ALJ Cameron Elliot issued a notice of his initial determination (“ID”) of no violation of section 337 in Certain Polycrystalline Diamond Compacts and Articles Containing the Same(Inv. No. 337-TA-1236).

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ALJ Elliot Finds No Violation of Section 337 in Certain Smart Thermostat Systems (337-TA-1258)

By Eric Schweibenz
|
Apr
07

On April 4, 2022, ALJ Cameron Elliott issued a notice of his initial determination (“ID”) of no violation of section 337 in Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, and Components Thereof(Inv. No. 337-TA-1258).

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ALJ Shaw Issues Final Initial Determination of No Violation of Section 337 in Certain UMTS and LTE Cellular Communication Modules (337-TA-1240)

By Eric Schweibenz
|
May
02

On April 28, 2022, ALJ David P. Shaw issued the public version of his April 1, 2022 final initial determination (“ID”) finding no violation of Section 337 in Certain UMTS and LTE Cellular Communication Modules and Components Thereof(Inv. No. 337-TA-1240).

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ALJ McNamara Finds Violation of Section 337 in Certain Plant-Derived rHSAs (337-TA-1238)

By John Presper
|
May
07

On May 5, 2022, ALJ MaryJoan McNamara issued the public version (Part I, Part II) of her April 7, 2022 initial determination (“ID”) finding a violation of Section 337 in Certain Plant-Derived Recombinant Human Serum Albumins (“rHSA”) and Products Containing Same(Inv. No. 337-TA-1238).

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ALJ McNamara Grants-in-Part Motion for Summary Determination of Violation of Section 337 in Certain Batteries (337-TA-1244)

By Eric Schweibenz
|
May
23

On May 19, 2022, ALJ MaryJoan McNamara issued the public version of her March 25, 2022 initial determination (“ID”) granting-in-part Complainants One World Technologies, Inc. (“One World”) and Techtronic Power Tools Technology, Ltd.’s (“TTT”) (collectively, “Complainants”) motion for summary determination of violation of section 337 in Certain Batteries and Products Containing Same(Inv. No. 337-TA-1244 ).

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ALJ Elliot Finds Violation of Section 337 in Certain Wearable Electronic Devices (337-TA-1266)

By John Presper
|
Jul
05

On June 27, 2022, ALJ Cameron Elliot issued a notice of his initial determination ("ID") finding a violation of section 337 in Certain Wearable Electronic Devices with ECG Functionality and Components Thereof(Inv. No. 337-TA-1266).

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