Congressional Activity Involving ITC
By John Presper
|
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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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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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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By John Presper and Alec Royka
|
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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By John Presper
|
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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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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By John Presper and Alec Royka
|
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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By John Presper
|
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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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 personam jurisdiction over Respondent, and in rem jurisdiction 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.

We will post the public version of the ID when it becomes available.
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By John Presper and Alec Royka
|
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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