Furthermore, none of the evidence cited by Align or in the ID explains how these manuals and training materials encourage or instruct users to infringe the specific asserted claims of the ’647 or ’661 patents.

). However, none of that testimony proved that the supply chain prior to February or March 2018 did not pre-install the Ortho System on TRIOS scanners prior to U.S. importation.

Now, in fact, none of the references that you’ve presented for your opinion today in the field of orthodontics or dentistry cite the use of ICP; isn’t that correct, sir? A. None of them cite ICP specifically.”).). Additionally, 3Shape’s assertion ...

Scopeof Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 26, 2021, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended,an investigation be instituted to determine whetherthere is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringementof one or more of claims 1-5, 9-12, 14-15, and 18-19 ofthe ’826 Patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuantto section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is “composite baseball and softball bats having a barrel formed by more than one cylindrical layer of material”’; (3) For the purposeof the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainantis: Easton Diamond Sports, LLC, 3500 Willow Lane, Thousand Oaks, CA 91361 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Juno Athletics LLC, 1000 Williams Boulevard, Unit 2703, Aventura, FL 33160 Monsta Athletics LLC, 1090 5th Street, Suite 115, Calimesa, CA 92320 Proton Sports Inc., 7904 East Chaparral Road, Suite A110, Scottsdale, AZ 85250 (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.

Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responseswill be considered by the Commission if received notlater than 20 daysafter the date of service by the complainantof the complaint and the notice of investigation.

On April 5, 2021, Daewoongfiled a responseto the Settling Parties’ petition not opposing recission of the remedial orders and also including a motion for vacatur of the Commission’s final determination.

In accordance with the Commission’s May3, 2021 indicative ruling of vacatur and the Commission’s reasoningrelated thereto, and in view of the Federal Circuit’s dismissal of the related appeals as moot, the Commission hereby vacates on remandits final determination.

As she has previously stated, the Commission’s decision to exercise its discretion to grant the extraordinary remedy of vacatur requires an analysis, based on a complete record and after having heard from all parties on the issue, that includesa careful balancing of the equities, including with respect to the public interest.

SUPPLEMENTARY INFORMATION: On March 6, 2019, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), based on a complaint filed by Medytox Inc. of Seoul, South Korea (“Medytox”); Allergan plc of Dublin, Ireland; and Allergan, Inc. of Irvine, California (collectively, “Allergan”) (all collectively, “Complainants”).

The complaint, as supplemented, alleges a violation of section 337 based upon the importation and the sale in the United States of certain botulinum toxin products, processes for manufacturing or relating to same and certain products containing same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States.

The notice of investigation names as respondents Daewoong Pharmaceuticals Co., Ltd. (“Daewoong”) of Seoul, South Korea and Evolus, Inc. (“Evolus”) of Irvine, California (collectively, “Respondents”).

On February 18, 2021, Complainants and Evolus (collectively, “the Settling Parties”) announced that they had reached a settlement to resolve all pending issues between them.

On April 5, 2021, Daewoong filed a response to the Settling Parties’ petition not opposing recission of the remedial orders and also including a motion for vacatur of the Commission’s final determination.

Main Document Page 1 of 3 The Court notes that the Agreed Preliminary Injunction does not apply to Defendant/Debtor Susan Clear Dunaway, who is not a party to the agreement.

This cause came to be heard before the Court on Thursday, July 22, 2021 at 1:45 (EDT) upon a filed Verified Complaint and Application for Temporary Restraining Order and Permanent Injunction and for Damages [Doc. 1] (the “Complaint”), the Motion and Application for the Temporary Restraining Order as to Defendants, Susan Clear Dunaway, Varo Bank, N.A., Varo Money, Inc. and Ramie Peters [Doc. 3], the Opinion and Order Granting Temporary Restraining Order Against Susan Clear Dunaway, Varo Bank, N.A., Varo Money, Inc. and Ramie Peters [Doc. 4] (the “TRO”) and the Notice of Hearing on the Request of the Plaintiff, M. Aaron Spencer, Chapter 7 Trustee for the Temporary Restraining Order Entered on July 13, 2021 to Convert to a Preliminary Injunction [Doc. 7] (collectively, the “Pleadings”) pursuant to Fed. R. Civ.

P. 65 made applicable to this matter pursuant to Fed. R. Bankr.

Upon consideration of the Pleadings, good cause shown the Court and agreement by the parties, it is therefore, ORDERED that TRO shall convert to a preliminary injunction, whereby the checking account ending 7244 and saving account ending 7252 (the “Accounts”) with Varo Bank, N.A.

a/k/a Varo Money, Inc. (“Varo”) of Ms. Ramie Roberts and/or Ms. Susan Clear Dunaway shall remain suspended until further Order of this Court, and the suspension of the Accounts restricts any withdrawing, debiting, spending, using, conveying, or transferring any funds in the Accounts, it is further ORDERED that Varo shall provide an affidavit to the attorneys for the Chapter 7 Trustee and Ms. Ramie Roberts certifying that there are de minimis funds in the Accounts and that Varo is owed a balance greater than the funds in the Accounts.