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Certain Pre-Filled Syringes for Intravitreal Injection and Components Thereof

Docket 337-1207, United States International Trade Commission (June 19, 2020)
Clark S. Cheney, presiding
Case TypeSec 337
Bausch Health
Becton
Complainant Company
...
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Regarding the Evidentiary Hearing to Be Held on February 15-17, 2023 No. 788557

Document Certain Silica Coated Lead Chromate Pigments, 337-120, No. 788557-1 (U.S.I.T.C. Jan. 25, 2023)
Many of the typical courtroom decorum rules were relaxed, such as whether an attorney might stand or sit during argument or when addressing the Court.
In-Person Testimony All witnesses are expected to testify in person barring exigent circumstances consistent with Ground Rule 13.6.1.
If such an emergency should arise and a witness is unable to travel and/or to testify in person due to Covid-19, or another illness or injury, that party must notify Page 1 of 3
The last day of the Hearing may be reserved for a witness who has been granted leave not to testify in person by a method chosen by Chambers.
We expect the individuals who are responsible for IT for each law firm to be present on the setup day so they can familiarize themselves with the Courtroom A equipment.
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Commission Decision Not to Review an Initial Determination Terminating the Enforcement Proceeding as to a Patent Based on Withdrawal of the Enforcement Complaint No. 786740

Document Certain Silica Coated Lead Chromate Pigments, 337-120, No. 786740-1 (U.S.I.T.C. Dec. 21, 2022)
Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: On August 10, 2020, the Commission instituted an 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 Overhead Door Corporation of Lewisville, Texas and GMI Holdings Inc. of Mount Hope, Ohio (collectively, “Complainants”).
The Commission further determined to: (1) issue a limited exclusion order against Chamberlain’s infringing products and a cease and desist order against Chamberlain (collectively, “the remedial orders”); and (2) set a bond during the period of Presidential review in the amount of one hundred (100) percent of the entered value of the infringing articles.
In accordance with Commission Rule 210.21(a)(1), 19 CFR 210.21(a)(1), Complainants represent that “there are no agreements, written or oral, express or implied, among the parties concerning the subject matter of this Enforcement Proceeding or [Complainants’] Motion for Partial Termination of this Proceeding.” See id.
In addition, the ID finds “no extraordinary circumstances that warrant denying the motion.” See id. No petition for review of the subject ID was filed.
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Granting Motion to Strike [Motion Docket No. 1209E-34] No. 782684

Document Certain Silica Coated Lead Chromate Pigments, 337-120, No. 782684-1 (U.S.I.T.C. Oct. 20, 2022)
1 Respondent’s non-invalidity defenses—none of which are subject to the pending motion to strike—include non-infringement (first affirmative defense), estoppel (third additional defense), and/or ensnarement (fourth affirmative defense).
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Commission Letter Responding to an Inquiry from Customs and Border Protection for This Investigation No. 770000

Document Certain Silica Coated Lead Chromate Pigments, 337-120, No. 770000-1 (U.S.I.T.C. May. 2, 2022)
The final initial determination (“FID”) finds, and the Commission affirmed, that respondent’s accused products (see FID at 13) satisfy the power consumption claim element.
• “Upon waking, the C205 is no longer in standby mode and increases power consumption by the IR safety beams.” See FID at 273 (citing CX-560C (Williams WS) at Q/A 209-10) (emphasis added).
During normal operation and when not in sleep mode, Mr. Phinney measured the voltage between the safety sensors, and therefore the power supplied and consumed by them, at 5.9 Volts.
... After 4-1/2 minutes, sleep mode was engaged, and voltage between the safety sensors (and therefore the power supplied and consumed by them) was reduced to approximately 0 Volts.” See FID at 274 (citing CX-558C (Phinney WS) at Q/A 86-87) (emphasis added).
• “Testing of the B970 by Mr. Phinney and analysis of the source code by Mr. Baer confirms that the B970 enters a sleep mode, and wakes in response to a wireless control signal.
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Commission Order for The Chamberlain Group, Inc. No. 768528

Document Certain Silica Coated Lead Chromate Pigments, 337-120, No. 768528-1 (U.S.I.T.C. Apr. 18, 2022)
the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), based on a complaint filed by Overhead Door Corporation of Lewisville, Texas and GMI Holdings Inc. of Mount Hope, Ohio (collectively, “Complainants”).
The Commission further determined to: (1) issue a limited exclusion order against Respondent’s infringing products and a cease and desist order against the Respondent (collectively, “the remedial orders”); and (2) set a bond during the period of Presidential review in the amount of one hundred (100) percent of the entered value of the infringing covered products or articles.
On April 12, 2022, Respondent filed a motion to stay the modified remedial orders and requested expedited treatment whereby Complainants’ response would be due four days after Respondent’s motion to stay was filed.
On April 13, 2022, Complainants filed a response opposing Respondent’s request for expedited treatment.
1 Given that the decision to grant in part the motion for expedited treatment is coming only two days before the ordered date, Commissioner Schmidtlein would deny the request so that the response date would remain as set forth under the rules, which in this case is April 22, 2022.
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No. 766971-1

Document Certain Silica Coated Lead Chromate Pigments, 337-120, No. 766971-1 (U.S.I.T.C. Mar. 30, 2022)

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No. 766969-1

Document Certain Silica Coated Lead Chromate Pigments, 337-120, No. 766969-1 (U.S.I.T.C. Mar. 30, 2022)

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