ARTICLE
11 October 2016

Section 337 Week In Review 10/6/16

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Jones Day

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The Commission issued a notice of its determination to review in part the presiding ALJ's initial determination finding a violation of Section 337 with respect to the infringement of five of six asserted patents.
United States Intellectual Property

Commission Determinations

  • Certain Light-Emitting Diode Products and Components Thereof, Inv. No. 337-TA-947: The Commission issued a notice of its determination to review in part the presiding administrative law judge's initial determination finding a violation of Section 337 with respect to the infringement of five of six asserted patents and for false advertisement. Specifically, the Commission has determined to review and has requested briefing on: (1) the imposition of sanctions against Respondents and their counsel; (2) the false advertisement of certain accused products; (3) the validity of one of the asserted patents; (4) the finding of infringement with respect to two of the asserted patents; and (5) the economic prong of the domestic industry requirement.

ALJ Initial Determinations

  • Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof, Inv. No. 337-TA-965: Judge Pender issued the public version of his initial determination finding a violation of Section 337 based on the infringement of two of four asserted patents.

Instituted Investigations

  • Certain Memory Modules and Components Thereof, and Products Containing Same, Inv. No. 337-TA-1023 was instituted on October 3, 2016. Judge Essex has been assigned to the investigation.

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