ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met.  Certain Non-Volatile Memory Devices and Products Containing Same, Inv. No. 337-TA-1046, Order No. 26.  Although the order is heavily redacted, Judge Lord’s analysis appears to focus on the fact that the products relied upon to meet the domestic industry requirement were not manufactured until after the date the complaint was filed.

ALJ Emphasizes Importance of Procedural Schedule

ALJ Emphasizes Importance of Procedural Schedule

In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively, “Fujifilm”) motion to strike Complainants Sony Corporation, Sony Storage Media Solutions, Sony Storage Media Manufacturing Corporation, Sony DADC US Inc., and Sony Latin America Inc. (collectively, “Sony”) amended and supplemental identification of accused products and to preclude Sony from adding such products to the investigation.  Certain Magnetic Tape Cartridges and Components Thereof, Inv. 337-TA-1058, Order 14.

Inducement After Importation Actionable Under Section 337

Inducement After Importation Actionable Under Section 337

Complainants often must rely on indirect infringement to prove a violation of Section 337.  Indirect infringement may be in the form of induced or contributory infringement.  In a recent opinion, the Commission clarified issues relating to post-importation inducement and distinctions between induced and contributory infringement.  Certain Digital Video Receivers And Hardware And Software Components Thereof, Inv. No. 337-TA-1001, Commission Opinion (December 6, 2017).