Hearings
By John Presper and Alec Royka
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Jul
26
On July 22, 2021, Chief ALJ Bullock issued the public version of his recommended determination (“RD”) in a modification proceeding of Certain Gas Spring Nailer Products and Components Thereof (Inv. No. 337-TA-1082).
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By Eric Schweibenz
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Mar
29
On March 27, 2017, ALJ Theodore R. Essex issued a notice of Initial Determination in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) 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. On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order and cease-and-desist orders directed at Eko Brands, LLC and other respondents based on their infringement of claims 8 and 19.
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By Eric Schweibenz and Lisa Mandrusiak
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Dec
01
On October 9, 2014, ALJ David P. Shaw issued the public version of his Recommended Determination ("RD") regarding remedy and bond 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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By Eric Schweibenz and Lisa Mandrusiak
|
Aug
14
On August 7, 2014, ALJ David P. Shaw issued the public version of the recommended determination ("RD") (dated July 16, 2014) in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).

By way of background, this investigation was instituted on June 12, 2013 and is based on a May 13, 2013 complaint filed by Black Hills Media, LLC ("BHM") alleging violation of Section 337 in the importation into the U.S. and sale of certain digital media devices that infringe one or more claims of U.S. Patent Nos. 8,028,323; 8,214,873 (the '873 patent); 8,230,099; 8,045,952 (the '952 patent); 8,050,652 (the '652 patent) and 6,618,593 (the '593 patent). See our May 16, 2013 and June 20, 2013 posts for more details on the complaint and the notice of investigation, respectively.
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By Eric Schweibenz
|
Sep
16
On August 14, 2013, ALJ David P. Shaw issued public versions of his Initial Determination (“ID”) and Recommended Determination (“RD”) on remedy and bond in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837).  Due to its large size, we have separated the ID into eight parts:  part 1, part 2, part 3, part 4, part 5, part 6, part 7, and part 8

By way of background, the investigation is based on a March 2, 2012 complaint filed by LSI Corporation and its subsidiary Agere Systems Inc. (collectively, “Complainants”) alleging violation of Section 337 with regard to certain audiovisual components and products containing the same including, certain digital televisions, Blu-ray disc players, home theater systems, DVD players and/or recorders that infringe one or more claims of U.S. Patent Nos. 5,870,087 (the ‘087 patent), 6,982,663 (the ‘663 patent),  6,452,958 (the ‘958 patent), and 6,707,867 (the ‘867 patent).  See our April 13, 2012 post for more details on the investigation.  On March 7, 2013, the ALJ granted a motion to terminate the investigation as to certain claims of those patents.  As of the date of the ID and RD, the remaining respondents in the investigation were Funai Electric Company, Ltd., Funai Corporation, Inc., P&F USA, Inc., and Funai Service Corporation (collectively, “Funai”) and Realtek Semiconductor Corporation (“Realtek”).


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By Eric Schweibenz
|
Jul
16
On July 3, 2013, ALJ David P. Shaw issued the public version of his recommended determination (“RD”) on remedy and bond (dated June 13, 2013) in Certain Products Containing Interactive Program Guide and Parental Control Technology (Inv. No. 337-TA-845).

By way of background, the investigation is based on a May 1, 2012 complaint filed by Rovi Corporation; Rovi Guides, Inc.; Rovi Technologies Corporation; Starsight Telecast, Inc.; United Video Properties, Inc.; and Index Systems, Inc. (collectively, “Rovi”) alleging violation of Section 337 by, inter alia, Respondents Netflix, Inc. (“Netflix”) and Roku, Inc. (“Roku”) in the importation into the U.S. and sale of certain products containing interactive program guide and parental control technology that infringe one or more claims of U.S. Patent Nos. 6,701,523; 6,898,762; 7,065,709; 7,103,906; 7,225,455; 7,493,643; and 8,112,776.  See our May 3, 2012 post for more details. 


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By John Presper
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May
08
On May 6, 2013, ALJ Robert K. Rogers, Jr. issued a notice regarding his Initial Determination ("ID") on violation of Section 337 and Recommended Determination ("RD") on remedy and bond in Certain Digital Models, Digital Data, and Treatment Plans for Use, in Making Incremental Dental Positioning Adjustment Appliances Made Therefrom, and Methods of Making the Same (Inv. No. 337-TA-833)

According to the notice, ALJ Rogers determined that (i) a domestic industry exists that exploits U.S. Patent Nos. 6,217,325 ("the '325 patent"), 6,722,880 ("the '880 patent"), 8,070,487 ("the '487 patent"), 6,471,511 ("the '511 patent"), 6,705,863 ("the '863 patent") and 7,134,874 ("the '874 patent"); (ii) a domestic industry does not exist that exploits U.S. Patent No. 6,626,666 ("the '666 patent"); (iii) claims 1-3, 11, 13, 14, 21, 30-35, 38 and 39 of the '325 patent are infringed and not invalid; (iv) claims 1 and 3 of the '880 patent are infringed and not invalid; (v) claims 1, 3 and 5 of the '487 patent are infringed and not invalid, and claims 7-9 of the '487 patent are not infringed and not invalid; (vi) claim 1 of the '511 patent is infringed and not invalid; (vii) claims 1, 3, 7 and 9 of the '666 patent are infringed and not invalid; (viii) claims 1 and 4-8 of the '863 patent are infringed and not invalid; (ix) claims 1,2, 38, 39, 41 and 62 of the '874 patent are infringed and not invalid; and (x) there is a violation of Section 337 as to the '325, '880, '487, '511, '863 and '874 patents.


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By Eric Schweibenz
|
Apr
03
On March 26, 2013, ALJ Thomas B. Pender issued the public version (dated March 1, 2013) of the Recommended Determination On Remedy And Bond (“RD”) in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same (Inv. No. 337-TA-830).

By way of background, ALJ Pender determined that no violation of Section 337 has occurred in this investigation by Respondents Technical Consumer Products, Inc.; TCP (Shanghai) Tiancanbao Lighting Electrical Appliance Co., Ltd.; Shanghai Qiangling Electronics Co. Ltd.; Zhejiang Qiang Ling Electronic Co. Ltd.; U Lighting America Inc.; and Golden U Lighting Manufacturing (Shenzhen) Co., Ltd. (collectively, “Respondents”).   See our March 7, 2013 post for more details on the initial determination in this investigation.


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By Eric Schweibenz
|
Feb
07
On February 1, 2013, ALJ Thomas B. Pender issued the public version (dated January 22, 2013) of the Recommended Determination on Remedy and Bond (“RD”) in Certain Kinesiotherapy Devices and Components Thereof (Inv. No. 337-TA-823).

By way of background, the investigation is based on a December 2, 2011 complaint filed by Standard Innovation Corporation and Standard Innovation (US) Corp. (collectively, “Standard Innovation”) alleging violation of Section 337 in the importation into the U.S. and sale of certain kinesiotherapy devices and components thereof that infringe one or more claims of U.S. Patent Nos. 7,931,605 and D605,779.  See our December 6, 2011 post for more details on the complaint.


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By Eric Schweibenz
|
Jan
22
On December 28, 2012, ALJ Thomas B. Pender issued the public version (dated November 7, 2012) of the Recommended Determination On Remedy And Bonding (“RD”) in Certain Electronic Digital Media Devices and Components Thereof (Inv. No. 337-TA-796). 

By way of background, ALJ Pender determined that a violation of Section 337 has occurred in this investigation by Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) by reason of infringement of certain valid claims of U.S. Patent Nos. D618,678 (the ‘678 patent), 7,479,949 (the ‘949 patent), RE 41,922 (the ‘922 patent), and 7,912,501 (the ‘501 patent).  See October 26, 2012 and January 22, 2013 posts for more details on the initial determination in this investigation.


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