Notices of Investigation

ITC Institutes investigation (337-TA-668) regarding certain non-shellfish derived glucosamine

By Eric Schweibenz
|
Mar
03
On February 26, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Non-Shellfish Derived Glucosamine And Products Containing Same. The investigation is based on a January 28, 2009 complaint filed by Cargill, Incorporated of Wayzata, Minnesota.  The complaint alleges violations of section 337 in the importation into the U.S. and sale of certain non-shellfish derived glucosamine and products containing same.  According to the complaint, the products at issue in this investigation are “vegan” glucosamine compositions typically used as nutritional supplements. The ITC has identified the following as respondents in this investigation: •  Nantong Foreign Trade Meds. & Health Prods. Co., Ltd of China; •  DNP International, Inc. of Santa Fe Springs, California; •  Tiancheng International, Inc. (USA) of Ontario, California; •  Hygieia Health Co., Ltd. of China; •  TSI Health Sciences, Inc. of Missoula, Montana; and •  Ethical Naturals, Inc. of San Anselmo, California. In its complaint, Cargill alleges that the respondents infringe claims 1-10 of U.S. Patent No. 7,049,433. Regarding potential relief, Cargill’s complaint seeks a general exclusion order (in addition to a limited exclusion order and cease and desist order) in view of a “widespread pattern of violation of Section 337” and the difficulty in identifying “all the sources of infringing non-shellfish glucosamine and products containing same.”  ALJ Robert K. Rogers, Jr. has been assigned to handle this investigation.  On February 27, 2009, ALJ Rogers issued Order No. 3 setting a pre-hearing conference for March 11, 2009.
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ITC Institutes investigation (337-TA-669) regarding certain optoelectronic devices

By Eric Schweibenz
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Mar
06
On March 5, 2009, the U.S. International Trade Commission voted to institute an investigation of certain optoelectronic devices, components thereof, and products containing the same. The investigation is based on a February 3, 2009 complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd., and Avago Technologies Ltd. of San Jose, California.  The complaint alleges violations of section 337 in the importation into the U.S. and sale of certain optoelectronic devices, components thereof, and products containing the same.  According to the complaint, the products at issue in this investigation “concern aspects of fiber optics.”  More particularly, according to the complaint, the devices at issue transmit electronic digital information optically by converting such information into light signals that are passed through an optical fiber and upon receiving the light signals, a receiving device converts the light signals into electronic digital format.   Emcore Corporation of Albuquerque, New Mexico is the sole respondent in this investigation.  Notably, Avago alleges that the products at issue are used in optoelectronic devices built and/or sold in the U.S. by companies such as Boeing, Cisco, Lockheed Martin, Motorola, and others, but no other companies were named as potential respondents.  In its complaint, Avago alleges that Emcore infringes claims 1-6 of U.S. Patent No. 5,359,447 and claim 8 of U.S.  Patent No. 5,761,229. There is quite an extensive litigation history with respect to these two patents.  According to the complaint, Avago’s predecessor, Agilent, filed a lawsuit in the Delaware district court against Methode Electronics and Stratos Lightwave in 2000, and another lawsuit in the Northern District of California against E20 and E20 Communications in 2001, but settlement was reached before trial in both matters.  Further, Avago sued Finisar Corp. in Delaware in 2006; again, settlement was reached before trial. Regarding potential relief, Avago’s complaint requests that the ITC issue an exclusion order and a cease and desist order. According to the Notice of Investigation, Kecia J. Reynolds of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.
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ITC Institutes investigation (337-TA-670) regarding certain adjustable keyboard support systems

By Eric Schweibenz
|
Mar
11
On March 9, 2009, the U.S. International Trade Commission voted to institute an investigation of certain adjustable keyboard support systems and components thereof.  The investigation is based on a February 10, 2009 complaint filed by Humanscale Corporation of New York, New York.  As explained in our February 17 post, the complaint alleges violations of Section 337 in the importation into the U.S. and/or the sale within the U.S. after importation of certain adjustable keyboard support systems and components thereof.  Specifically, the complaint alleges that the “products at the heart of the proposed investigation are keyboard support systems, particularly, ergonomic computer keyboard support systems that are adjustable for minimizing an individual worker’s fatigue and improving efficiency.”

The ITC has identified the following as respondents in this investigation:

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ITC Institutes Investigation (337-TA-671) Regarding Certain Digital Cameras

By Eric Schweibenz
|
Mar
19
On March 19, 2009, the U.S. International Trade Commission voted to institute an investigation of certain digital cameras.  The investigation is based on a February 17, 2009 complaintfiled by Samsung Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc.  As explained in our February 19 post, the complaint alleges that Eastman Kodak Company imports into the U.S. (in addition to sale for importation into the U.S. and/or sale within the U.S. after importation) digital cameras that infringe certain claims of U.S. Patent No. 5,731,852 and U.S. Patent No. 6,229,695.  According to the complaint, the ‘852 patent “improves on the prior art recording devices by allowing a variable-length audio file, enabling the user to create ‘sound tags’ or ‘voice memos’ that exceeded the fixed file size known in the prior art.”  Further, the complaint alleges that the ‘695 patent relates to a palm-sized camera, and more particularly to the housing encasing the device’s structure that provides “increased impact-resistance.”  The ITC has identified Eastman Kodak Company as the respondent in this investigation.
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Update Regarding Certain Digital Cameras (337-TA-671)

By Eric Schweibenz
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Mar
23
Further to our March 19 post, ALJ Luckern has issued a notice indicating that ALJ Charles E. Bullock will handle the investigation of certain digital cameras.  Certain Digital Cameras (337-TA-671).

Also, according to the Notice of Investigation, Bryan F. Moore of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.

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ITC Institutes Investigation (337-TA-672) Regarding Certain Electronic Devices Having Image Capture Or Display Functionality

By Eric Schweibenz
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Mar
26
On March 25, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Electronic Devices Having Image Capture Or Display Functionality And Components Thereof (337-TA-672). The investigation is based on a March 10, 2009 complaint filed by LG Electronics, Inc. of Korea.  As explained in our February 24 post, the complaint alleges that Eastman Kodak Company imports into the U.S. (in addition to sale for importation into the U.S. and/or sale within the U.S. after importation) electronic devices having image capture or display functionality that infringe certain claims of U.S. Patent Nos. 5,995,767, 5,774,131, and 6,281,895.  According to the complaint, the ‘767 patent discloses “a method and apparatus for automatic focus controlling of a camera,” the ‘131 patent discloses “a sound generation and display control apparatus,” and the ‘895 patent discloses “an apparatus and method for implementing an on-screen display (OSD) menu for an image display device.” On March 25, 2009, ALJ Luckern issued a notice indicating that ALJ Carl C. Charneski will handle this investigation.  Also, according to the Notice of Investigation, Anne Goalwin of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.
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ITC Institutes Investigation (337-TA-673) Regarding Certain Electronic Devices, Including Handheld Wireless Communications Devices

By Eric Schweibenz
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Mar
27
On March 25, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Electronic Devices, Including Handheld Wireless Communications Devices (337-TA-673).  The investigation is based on a February 23, 2009 complaint filed by Saxon Innovations, LLC of Tyler, Texas. As explained in our February 24 post, the complaint alleges that Samsung Electronics Co., Ltd of Korea, Samsung Electronics America, Inc. of Ridgefield Park, New Jersey, and Samsung Telecommunications America, LLP of Richardson, Texas (collectively, “Samsung”) imports into the U.S. (in addition to sale for importation into the U.S. and/or sale within the U.S. after importation) certain electronic devices including handheld, wireless communications devices that infringe certain claims of U.S. Patent No. 5,235,635; 5,530,597, and 5,608,873.
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ITC Institutes Investigation (337-TA-674) Regarding Certain Light Emitting Diode Chips, Laser Diode Chips And Products Containing Same

By Eric Schweibenz
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Apr
02
On March 31, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Light Emitting Diode Chips, Laser Diode Chips and Products Containing Same (337-TA-674). 

The investigation is based on a March 2, 2009 complaint filed by Professor Gertrude Rothschild of Columbia University in New York.  As we explained in our March 4 post, the complaint alleges that the following companies unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain light emitting diode (LED) chips, laser diode chips and products containing those devices that infringe claims 10, 12, 13, and 16 of U.S. Patent No. 5,252,499:

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ITC Institutes Investigation (337-TA-675) Regarding Certain Wireless Communications Devices

By Eric Schweibenz
|
Apr
30
On April 29, 2009, the U.S. International Trade Commission announced its decision to institute an investigation of Certain Wireless Communications Devices and Components Thereof (337-TA-675). The investigation is based on a March 25, 2009 complaint filed by SPH America, LLC of Vienna, Virginia.  As we explained in our March 27 post, the complaint alleges that certain companies unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain wireless communications devices and components thereof that infringe certain claims of U.S. Patent No. RE 40,385 and U.S. Patent No. 5,960,029. According to the Notice of Investigation, the following entities have been named as respondents in this investigation: •   Kyocera Corp. of Japan; •   Kyocera Wireless Corp. of San Diego, California; •   Kyocera Sanyo Telecom, Inc. of Woodland Hills, California; •   MetroPCS Communications, Inc. of Richardson, Texas; •   MetroPCS Wireless, Inc. of Dallas, Texas; •   Sprint Nextel Corp. of Overland Park, Kansas; •   América Móvil, S.A.B. de C.V. of Mexico; •   TracFone Wireless, Inc. of Miami, Florida; and •   Virgin Mobile USA, Inc. of Warren, New Jersey. The Notice of Investigation further indicates that Thomas S. Fusco of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.
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ITC Institutes Investigation (337-TA-676) Regarding Certain Lighting Control Devices Including Dimmer Switches And Parts Thereof

By Eric Schweibenz
|
May
08
On May 6, 2009, the U.S. International Trade Commission instituted an investigation of Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (337-TA-676). 

The investigation is based on the April 7, 2009 complaint filed by Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania.  As we explained in our April 9 post, the complaint alleges that Universal Smart Electric Corp. (“USE”) of Irvine, California unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain lighting control devices, including dimmer switches and/or switches and parts thereof that infringe certain claims of U.S. Patent Nos. 5,637,930 and 5,248,919, in addition to U.S. Trademark Reg. No. 3,061,804.

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ITC Institutes Investigation (337-TA-677) Regarding Certain Course Management System Software Products

By Eric Schweibenz
|
Jun
05
On June 3, 2009, the U.S. International Trade Commission issued a press release indicating that it voted to institute an investigation of Certain Course Management System Software Products (337-TA-677). According to a May 15, 2009 letter from ITC Secretary Marilyn Abbott, the ITC postponed its vote on institution of this investigation in view of a request from counsel for Blackboard. The investigation is based on the April 20, 2009 complaint filed by Blackboard Inc. of Washington, D.C.  As we explained in our April 22 post, the complaint alleges that  Desire2Learn Incorporated of Canada unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain course management system software products that infringe certain claims of U.S. Patent No. 6,988,138.
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ITC Institutes Investigation (337-TA-678) Regarding Certain Energy Drink Products

By Eric Schweibenz
|
Jun
15
On June 12, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Energy Drink Products (337-TA-678). The investigation is based on the May 15, 2009 complaint filed by Red Bull GmbH of Austria and Red Bull North America, Inc. of Santa Monica, California (collectively, “Red Bull”).  As we explained in our May 18 post, the complaint alleges that certain respondents unlawfully import into the U.S., sell for importation, and sell and distribute within the U.S after importation gray market energy drink products which are materially different from Red Bull’s energy drink.  The Notice of Investigation names the following companies as respondents in this matter:
  • Chicago Import Inc. of Chicago, Illinois;
  • Lamont Dist., Inc. a/k/a Lamont Distributors Inc. of Brooklyn, New York;
  • India Imports, Inc., a/k/a International Wholesale Club of Metairie, Louisiana;
  • Washington Food and Supply of D.C., Inc. a/k/a Washington Cash & Carry;
  • Vending Plus, Inc. of Glen Burnie, Maryland; and
  • Baltimore Beverage Co. of Glen Burnie, Maryland.
Red Bull asserts that these proposed respondents have violated Section 337 by infringing Red Bull U.S. Trademark Reg. Nos. 3,092,197; 2,946,045; 2,994,429; and 3,479,607, as well as Red Bull Copyright Reg. No. VA0001410959. On June 12, 2009, Chief ALJ Luckern issued a notice indicating that he will handle this investigation. Also, according to the Notice of Investigation, Juan Cockburn of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.
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ITC Institutes Investigation (337-TA-679) Regarding Certain Products Advertised As Containing Creatine Ethyl Ester

By Eric Schweibenz
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Jun
18
On June 17, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Products Advertised as Containing Creatine Ethyl Ester (337-TA-679). The investigation is based on the May 20, 2009 complaint filed by UNeMed Corporation (“UNeMed”) of Omaha, Nebraska.  As we explained in our May 20 post, the complaint alleges violations of section 337 based on the importation into the United States, the sale for importation, and the sale within the United States of certain products advertised as containing creatine ethyl ester by reason of false advertising in violation of Section 43(a) of the Lanham Act and the Nebraska Uniform Deceptive Trade Practices Act, the threat or effect of which is to destroy or substantially injure an industry in the United States. The ITC has identified the following as respondents in this investigation:
  • Bodyonics, Ltd. of Hicksville, New York;
  • Engineered Sports Technology, Inc. of Oviedo, Florida;
  • Proviant Technologies, Inc. of Champaign, Illinois;
  • NRG-X Labs. of Bentonville, Arkansas; and
  • San Corporation of Oxnard, California.
On June 17, 2009, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Charles E. Bullock will handle this investigation. Also, according to the Notice of Investigation, Jeffrey T. Hsu of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.
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ITC Institutes Investigation (337-TA-680) Regarding Certain Machine Vision Software And Systems

By Eric Schweibenz
|
Jul
14
On July 13, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Machine Vision Software, Machine Vision Systems, And Products Containing Same (337-TA-680). The investigation is based on a May 28, 2009 complaint filed by Cognex Corp. of Natick, Massachusetts and Cognex Technology & Investment Corp. of Mountain View, California.  As we explained in our May 29 post, the complaint alleges violations of section 337 in the importation into the U.S. and sale of certain machine vision software, machine vision systems, and products containing same that infringe certain claims of U.S. Patent Nos. 7,016,539; 7,065,262; and 6,959,112. The ITC has identified the following as respondents in this investigation:
  • MVTec Software GmbH of Germany;
  • MVTec LLC of Cambridge, Massachusetts;
  • E. Zoller GmbH & Co. KG of Germany;
  • Zoller, Inc. of Ann Arbor, Michigan;
  • Fuji Machine Manufacturing Co., Ltd. of Japan;
  • Fuji America Corp. of Vernon Hills, Illinois;
  • Omron Corp. of Japan;
  • Resolution Technology, Inc. of Dublin, Ohio;
  • Subtechnique, Inc. of Alexandria, Virginia;
  • Visics Corp. of Wellesley, Massachusetts;
  • Daiichi Jitsugyo Viswill Co., Ltd. of Japan;
  • Daiichi Jitsugyo (America), Inc. of Wood Dale, Illinois;
  • Amistar Automation, Inc. of San Marcos, California;
  • Techno Soft Systemnics, Inc. of Japan;
  • IDS Imaging Development Systems GmbH of Germany;
  • IDS Imaging Development Systems, Inc. of Woburn, Massachusetts;
  • YXLON International GmbH of Germany;
  • YXLON International, Inc. of Mogadore, Ohio
  • Rasco GmbH of Germany;
  • Delta Design, Inc. of Poway, California;
  • Multitest Elektronische Systeme GmbH of Germany; and
  • Multitest Electronic Systems, Inc. of Santa Clara, California.
On July 13, 2009, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Carl C. Charneski will handle this investigation. Also, according to the Notice of Investigation, Kevin Baer of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.
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ITC Institutes Investigation Regarding Certain Lighting Dimmer Switches And Parts Thereof (337-TA-681)

By Eric Schweibenz
|
Jul
22
On July 20, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (337-TA-681).

The investigation is based on a June 23, 2009 complaint filed by Lutron Electronics Co., Inc.  As we explained in our June 25 post, the complaint alleges that Neptun Light, Inc. (“Neptun”) of Lake Bluff, Illinois unlawfully imports into the U.S., sells for importation, or sells within the U.S. after importation certain lighting control devices and parts thereof that infringe certain claims of U.S. Patent No. 5,637,930 (“the ‘930 patent”).

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ITC Institutes Investigation Regarding Certain Collaborative System Products (337-TA-682)

By Eric Schweibenz
|
Aug
04
On August 4, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Collaborative System Products and Components Thereof (Inv. No. 337-TA-682).

The investigation is based on a July 2, 2009 complaint filed by eInstruction Corporation of Denton, Texas.  As we explained in our July 7 post, the complaint alleges violations of Section 337 in the importation into the U.S. and sale of certain products using collaborative system technology and components thereof that infringe U.S. Patent No. 6,390,673.

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ITC Institutes Investigation (337-TA-683) Regarding Certain MLC Flash Memory Devices

By Eric Schweibenz
|
Aug
25
On August 24, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain MLC Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-683). The investigation is based on a July 27, 2009 complaint filed by BTG International Inc. (“BTG”) of West Conshohocken, Pennsylvania.  As we explained in our July 28 post, the complaint alleges violation of Section 337 in the importation into the U.S. and sale of certain MLC flash memory chips and products containing the same, which allegedly infringe BTG’s U.S. Patent Nos. 5,394,362, 5,764,571, 5,872,735, 6,104,640, and 6,118,692. The Commission has identified the following as respondents in this investigation:
  • Samsung Electronics Co., Ltd. of South Korea
  • Samsung Electronics America, Inc. of Ridgefield Park, New Jersey
  • Samsung Semiconductor, Inc. of San Jose, California
  • Samsung Telecommunications America, LLC of Richardson, Texas
  • Apple, Inc. of Cupertino, California
  • ASUStek Computer, Inc. of Taiwan
  • ASUS Computer International of Fremont, California
  • Dell, Inc. of Round Rock, Texas
  • Lenovo Group Limited of Hong Kong
  • Lenovo (United States) Inc. of Morrisville, North Carolina
  • PNY Technologies, Inc. of Parsippany, New Jersey
  • Research in Motion, Ltd. of Canada
  • Research in Motion Corp. of Irving, Texas
  • Sony Corp. of Japan
  • Sony Electronics, Inc. of San Diego, California
  • Transcend Information, Inc. of Taiwan
On August 24, 2009, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Theodore R. Essex will handle this investigation. Also, according to the Notice of Investigation, Steven R. Smith of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.
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ITC Institutes Investigation (337-TA-684) Regarding Certain Articulated Coordinate Measuring Arms

By Eric Schweibenz
|
Aug
26
On August 25, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Articulated Coordinate Measuring Arms and Components Thereof (Inv. No. 337-TA-684). The investigation is based on a July 28, 2009 complaint filed by Hexagon Metrology AB of Sweden and Hexagon Metrology, Inc. of North Kingstown, Rhode Island.  As we explained in our July 29 post, the complaint alleges violation of Section 337 in the importation into the U.S. and sale of certain articulated coordinate measuring arms and components thereof, which allegedly infringe U.S. Patent No. 5,829,148. According to the Notice of Investigation, the Commission has identified the following as respondents in this investigation:
  • Metris N.V. of Belgium
  • Metris U.S.A., Inc. of Brighton, Michigan
  • Mitutoyo Corporation of Japan
  • Mitutoyo America Corporation of Aurora, Illinois
Additionally, Mareesa A. Frederick of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation. On August 25, 2009, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Charles E. Bullock will handle this investigation.
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ITC Institutes Investigation (337-TA-685) Regarding Certain Flash Memory

By Eric Schweibenz
|
Aug
28
On August 28, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Flash Memory and Products Containing Same (Inv. No. 337-TA-685). The investigation is based on a July 31, 2009 complaint filed by Samsung Electronics Co., Ltd. (“Samsung”) of South Korea.  As we explained in our August 3 post, the complaint alleges violation of Section 337 in the in the importation into the U.S. and sale of certain flash memory and products containing the same, which allegedly infringe Samsung’s U.S. Patent Nos. 6,930,050 and 5,740,065. According to the Notice of Investigation, the Commission has identified the following as respondents in this investigation:
  • Spansion, Inc. of Sunnyvale, California
  • Spansion LLC of Sunnyvale, California
  • Spansion Japan Ltd. of Japan
  • Alpine Electronics, Inc. of Japan
  • Alpine Electronics of America, Inc. of Torrance, California
  • D-Link Corp. of Taiwan
  • D-Link Systems, Inc. of Fountain View, California
  • Slacker, Inc. of San Diego, California
  • Synology Inc. of Taiwan
  • Synology North America Corp. of Redmond, Washington
  • Shenzhen Egreat Co., Ltd. of China
  • Appro International, Inc. of Milipitas, California
In addition, the Notice of Investigation identifies Rett Snotherly of the Office of Unfair Import Investigations as the Investigative Attorney assigned to handle this investigation.
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ITC Institutes Investigation (337-TA-686) Regarding Certain Bulk Welding Wire Containers

By Eric Schweibenz
|
Sep
03
On September 2, 2009, the ITC issued a Notice of Investigationconcerning Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686).The investigation is based on a complaint filed by The Lincoln Electric Company, Inc. of Cleveland, Ohio and Lincoln Global Inc. of City of Industry, California (collectively, "Lincoln"). As we explained in our August 7 post, the complaint alleges unlawful importation into the U.S., sale for importation, and sale within the U.S. after importation, of certain bulk welding wire containers and components thereof and welding wire, which allegedly infringe U.S. Patent Nos. 6,260,781, 6,648,141, 6,708,864, 6,913,145, 7,309,038, 7,398,881, and 7,410,111. According to the Notice, the Commission has named the following respondents in the investigation: • Atlantic China Welding Consumables, Inc. of China • ESAB AB of Sweden • Hyundai Welding Co., Ltd of South Korea • Kiswel Co., Ltd. of South Korea • Sidergas SpA of Italy The Notice identifies Benjamin Levi of the Office of Unfair Import Investigations as the Investigative Attorney assigned to handle this investigation.
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