Section 337 Matters

• Light-Emitting Diode Products and Systems, Inv. Nos. 337-TA-1163 & 1164 (Lighting Science Group and Healthe v. Cree, Nichia, Signify, GE, et al.)  Representing complainants alleging patent infringement and false advertising.

• Data Transmission Devices, Inv. No. 337-TA-1150 (Data Scape v. Apple, Amazon, Verizon, et al.). Represented respondent Amazon against allegations of patent infringement. Investigation terminated based on complainants’ withdrawal of the complaint. 

• Modular LED Display Panels, Inv. No. 337-TA-1114 (Ultravision v. Lighthouse, Panasonic, et. al.)  Represented the Lighthouse and Panasonic respondents against allegations of patent infringement.  Investigation terminated as to our clients due to a standstill agreement.
• Radio Frequency Micro-Needle Dermatological Treatment Devices, Inv. No. 337-TA-1112 (Syneron v. Lutronic, et. al.)
  Represented the Lutronic respondents against allegations of patent infringement.  Investigation terminated based on settlement.
• Ink Toner Cartridges, Inv. No. 337-TA-1106 (Canon v. Aster Graphics, et al.). Represented the Aster respondents against allegations of patent infringement. The Commission affirmed the ALJ’s decision granting summary determination of non-infringement, found no violation, and terminated the investigation. Currently on appeal to the Federal Circuit.

• Solid State Storage Drives, Inv. No. 337-TA-1097 (BiTMICRO v. Lenovo, et. al.) Represented the Lenovo respondents against allegations of patent infringement.  Investigation terminated based on settlement.

• Digital Television Set-Top Boxes, Inv. No. 337-TA-1041 (OpenTV, et al. v. Comcast, ARRIS, et. al.).  Represented the Comcast respondents against allegations of patent infringement.  Investigation was terminated based on complainants’ withdrawal of the complaint during discovery phase.

• Carbon and Alloy Steel, Inv. No. 337-TA-1002 (U.S. Steel Corp. against the Chinese Steel Industry).  Represented respondent Masteel Group against allegations of antitrust violations and false designation of origin.  Commission ruled in Masteel’s favor.

• Portable Electronic Devices, Inv. No. 337-TA-994 (Creative Technology v. Sony, et al.).  Represented respondent Sony against allegations of patent infringement.  Obtained 100-day hearing and invalidated the asserted patent under §101. Prevailed at the Commission and on appeal.

• Mobile Electronic Devices Incorporating Haptics, Inv. No. 337-TA-1004 and Inv. No. 337-TA-990 (Consolidated) (Immersion v. Apple, AT&T).  Represented complainant Immersion in a consolidated investigation alleging patent infringement.  Settled favorably before final Initial Determination.

• Automatic Teller Machines, Inv. No. 337-TA-958 (Global Cash Access v. NRT Technology Corp.). Successfully represented respondent NRT against allegations of patent infringement. The complainant withdrew the Complaint and the Investigation was terminated after the ALJ issued an order granting respondent’s motion for summary determination of invalidity.

• Footwear Products, Inv. No. 337-TA-936 (Converse, Inc. v. a number of respondents, including Skechers U.S.A., Inc.).Representing Skechers against charges of trademark infringement and unfair competition. Invalidated registered trademark. Decision remanded by the Federal Circuit.

• TV Programs, Inv. No. 337-TA-886 (E.T. Radcliffe, LLC and Emir Tiar v. The Walt Disney Company and Thunderbird Films). Successfully represented The Walt Disney Company against charges of copyright infringement related to the Mr. Young television show. Won on summary determination of no copyright infringement.

• Electronic Devices for Capturing and Transmitting Images, Inv. No. 337-TA-831 (Kodak v. HTC Corp., HTC America, Inc. and Apple). Successfully represented HTC in patent dispute with Kodak.  Investigation was terminated by joint motion based on Kodak’s sale of the asserted patents, which eliminated Kodak’s standing to pursue the investigation.

• Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof, Inv. Nos. 337-TA- 741/749 (Thomson Licensing SAS v. MStar Semiconductor, Inc., et al): Successfully represented MStar, a manufacturer of controller chips used in display monitors against claims of patent infringement.

• DC-DC Controllers and Products Containing the Same, Inv. No. 337-TA-698 (Richtek Technology v. Advanced Micro Devices, uPI Semiconductor et al): Represented Respondents MSI Corp. and Micro-Star International in a patent infringement and misappropriation of trade secrets Section 337 investigation. MSI obtained a favorable settlement agreement that included the dismissal of pending parallel and related infringement litigation.

• Bulk Welding Wire Containers and Components Thereof and Welding Wire, Inv. No. 337-TA-686 (Lincoln Global v. Kiswel Ltd., et al): Represented Respondent Kiswel Ltd. in a Section 337 investigation filed by Lincoln Electric and Lincoln Global alleging patent infringement of several patents relating to bulk welding wire or containers of same. Kiswel obtained a favorable settlement agreement that included the dismissal of pending parallel and related infringement litigation in the Northern District of Ohio.

• Adjustable Keyboard Support Systems, Inv. No. 337-TA-670 (Humanscale Corp. v. CompX International and Waterloo Furniture Components Limited): Successfully represented Respondent CompX in an investigation involving competitors with pending cross-litigation in district court. Following a largely favorable ruling from the Chief Administrative Law Judge (“CALJ”), the International Trade Commission ruled entirely in favor of CompX, finding no violation based on non-infringement of the asserted claims and ruling that the claims were invalid.

• Semiconductor Chips with Minimized Chip Package Size, Inv. Nos. 337-TA-605 and 337-TA-649 (Tessera v. ATI Technologies, et al.): Represented Complainant Tessera in two investigations involving patents on seminal technology in modern integrated circuit manufacture. In the 605 investigation, the Commission found that every respondent, including industry leaders Qualcomm, Motorola and ST Micro, violated Section 337 and issued an exclusion order and cease and desist orders prohibiting certain respondents (and their affiliates) from importing and/or selling the infringing chips. Upon issuance of the Commission’s decision, Motorola took a license to maintain continued access for its downstream products to the U.S. market. The 649 investigation was dismissed to pursue damages in district court litigation in lieu of the ITC investigation.

• Endodontic Instruments Inv. No. 337-TA-610 (Dentsply International v. Guidance Endodontics): Represented complainant Dentsply in a patent-based Section 337 investigation concerning endodontic instruments used to perform root canals.

• Ink Cartridges and Components Thereof, Inv. No. 337-TA-565 (Seiko Epson Corp. v. Ninestar Technologies, et al.): Represented complainant Seiko Epson and its related entities in an 11 patent-based Section 337 investigation against numerous foreign respondents. The ITC issued general exclusion order.

• Rubber Antidegradants, Inv. No. 337-TA-533 (Flexsys America v. Korea Kumho Petrochemical Co., et al.): Represented respondent KKPC in a Section 337 investigation regarding rubber antidegradants. The ITC determined that KKPC’s accused products did not violate Section 337.

• Audio Digital-to-Analog Converters and Products Containing Same, Inv. No. 337-TA-499 (Cirrus Logic v. Wolfson): Represented complainant Cirrus Logic in a multiple patent-based investigation. The ITC found respondent Wolfson in violation of one of the asserted patents and issued limited exclusion and cease and desist orders.

• Set-Top Boxes, Inv. No. 337-TA-454 (Gemstar v. Scientific-Atlanta, Inc. et al.): Represented Scientific-Atlanta, Inc. in a patent-based Section 337 investigation resulting in favorable settlement.

• Noncontact Tonometers, Inv. No. 337-TA-270 (Cambridge Instruments v. Keeler Industries et al.): Represented Respondent Keeler Industries in patent infringement investigation seeking temporary exclusion order and permanent relief; investigation terminated based on no violation.

• Spherical Roller Bearings and Components Thereof and Tools and Equipment for the Manufacture Thereof, Inv. No. 337-TA-179 (SKF Industries v. FAG Bearings and Kugelfischer): Represented Respondents FAG Bearings and Kugelfischer in a patent-based investigation. Commission found no violation based on patent invalidity and lack of domestic industry; decision upheld by Federal Circuit.

• Vertical Milling Machines and Parts, Attachments and Accessories Thereto, Inv. No. 337-TA-133 (Textron v. Yamazen et al.): Represented Respondent Yamazen in common law trademark infringement investigation. Commission found no violation based on lack of common law trademark; decision upheld by Federal Circuit.