- Certain Digital Models, Digital Data, and Treatment Plans For Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods Of Making the Same, Inv. No. 337-TA-833: The Commission issued a notice of its determination to rescind the previously issued cease and desist orders and terminate the investigation with a finding of no violation of Section 337 based on the Federal Circuit’s holding in ClearCorrect Operating, LLC v. ITC, 810 F.3d 1283 (Fed. Cir. 2015), reh’g en banc denied, 819 F.3d 1334 (2016) that electronically transmitted digital models are not imported “articles” within the meaning of 19 U.S.C. § 1337.
- Certain Recombinant Factor VIII Products, Inv. No. 337-TA-956: The Commission issued a notice of its determination to terminate the investigation based on a settlement between the parties.
ALJ Initial Determinations
- Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof, Inv. No. 337-TA-965: Judge Pender issued an initial determination and recommended determination on remedy finding a violation of Section 337 with respect to two of four asserted patents. The public version of the ID is not yet available.
- Certain Activity Tracking Devices, Systems, and Components Thereof, Inv. No. 337-TA-963: Judge Lord issued the public version of her initial determination finding no violation of Section 337 based on allegations of misappropriation of trade secrets.
- Enforcement proceedings were instituted in Network Devices Related Software and Components Thereof (I), Inv. No. 337-TA-944 on September 28, 2016.
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Vishal Khatri is an intellectual property lawyer with more than 15 years of experience representing clients in high stakes, bet-the-company patent litigation and procurement matters around the world. He routinely represents clients in matters before U.S. district courts, the United States International Trade Commission (ITC), and the United States Patent and Trademark Office (USPTO), including Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).
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