On December 7, 2016, the Commission affirmed Judge McNamara’s Initial Determination finding that the economic prong of domestic industry was satisfied in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing Same, Inv. No. 337-TA-1003. However, the Commission determined to review and strike the portion of Judge McNamara’s decision relating to the allocation of expenses by asserted patent.
Chief Administrative Law Judge Bullock issued the public version of his Initial Determination in Certain Air Mattress Systems, Components Thereof, and Methods of Using Same wherein he found that one of two asserted patents was valid and infringed. However, there was no violation of Section 337 because Complainants failed to properly allocate domestic expenses between the asserted patents.
In this installment of Section 337 Week in Review, the Commission denies a stay of an exclusion order in 337-TA-721 and extends the target date in 337-TA-959.
On October 25, 2016, the Commission issued a notice extending the target date until November 15, 2016, in Certain Electric Skin Care devices, Brushes and Chargers Therefore, and Kits Containing the Same, Inv. No. 337-TA-959.
In this installment of Section 337 Week in Review, investigations 337-TA-1025 and 337-TA-1026 instituted, the Commission determined not to review an initial determination finding no violation in 337-TA-963, and the Commission denied an order requesting a stay pending appeal in 337-TA-921.
On October 19, 2016, the Commission issued a notice instituting an investigation in Certain Silicon-On-Insulator Wafers, Inv. No. 337-TA-1025. The Commission ordered the presiding administrative law judge to hold an early evidentiary hearing pursuant to the 100-day pilot program on whether the Complainant satisfies the economic prong of domestic industry.