International Trade Commission August 7, 2023 – Federal Register Recent Federal Regulation Documents
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Certain Wet Dry Surface Cleaning Devices; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (``FID'') issued by the Chief Administrative Law Judge (``CALJ''), finding a violation of section 337 as to U.S. Patent Nos. 11,076,735 (``the '735 patent'') and 11,071,428 (``the '428 patent'') and no violation of section 337 as to U.S. Patent Nos. 11,122,949 (``the '949 patent''), 10,820,769 (``the '769 patent''), and 11,096,541 (``the '541 patent''), in the above-captioned investigation. The Commission also requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof; Institution of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 30, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of JUUL Labs, Inc. of Washington, DC and VMR Products LLC of San Francisco, California. A letter supplementing the complaint was filed on July 17, 2023. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain vaporizer devices, cartridges used therewith, and components thereof by reason of the infringement of certain claims of U.S. Patent No. RE49,114 (``the '114 patent''); U.S. Patent No. 10,130,123 (``the '123 patent''); U.S. Patent No. 10,709,173 (``the '173 patent''); U.S. Patent No. 11,134,722 (``the '722 patent''); and U.S. Patent No. 11,606,981 (``the '981 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Certain Video Processing Devices and Products Containing the Same; Notice of Commission Decision To Review and, on Review, To Affirm With Modifications an Initial Determination Granting Summary Determination of Invalidity as to U.S. Patent 8,139,878 and to Take No Position as to U.S. Patent 7,769,238; Termination of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined to review an initial determination (``ID'') (Order No. 47) of the presiding Administrative Law Judge (``ALJ'') granting summary determination of invalidity based on obviousness-type double patenting. On review, the Commission affirms with modifications the ID's finding that the asserted claims of U.S. Patent No. 8,139,878 (``the '878 patent'') are invalid. The Commission takes no position as to the ID's findings with respect to the '238 patent, except to the extent those findings also support the ID's invalidity findings with respect to the '878 patent. Accordingly, the Commission terminates the investigation with a finding of no violation of section 337 of the Tariff Act of 1930, as amended (``section 337''). The investigation is terminated.
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