Justia Patents Opinion Summaries

In an action under the Tariff Act, 19 U.S.C. 1337, the International Trade Commission found unfair trade practices based on infringement of Epson's U.S. patents by importation and sale of ink printer cartridges produced in China by Ninestar and imported into and sold in the U.S. by entities including Ninestar's subsidiaries, The Commission issued a general exclusion order, limited exclusion orders, and cease and desist orders. The Federal Circuit affirmed. Final Orders prohibited importation and sale of infringing cartridges, including cartridges in the inventory of U.S. subsidiaries. Subsidiaries continued to import and sell cartridges that were subject to the orders. An Administrative Law Judge determined that Ninestar was in violation and levied a penalty under 19 U.S.C. 1337(f)(2). The Commission reduced the penalty. The Federal Circuit affirmed, finding Ninestar China jointly and severally liable for the penalty ($55,000 per day, a total of $11,110,000) along with the U.S. subsidiaries. Ninestar was aware that refurbishing and reselling spent cartridges, not first sold in the U.S., would be patent infringement View "Ninestar Tech. Co., Ltd. v. Int'l Trade Comm'n" on Justia Law

A manufacturer of cable connectors that are used to connect coaxial cables to electronic devices filed a complaint with the International Trade Commission asserting that the importation, sale for importation, and sale after importation of certain coaxial cable connectors infringed four of its patents and therefore violated 19 U.S.C. 1337. Its 539 design patent patent issued in 2001 and describes an ornamental design for a coaxial cable connector. The Commission ruled that the company failed to satisfy the requirement of showing that a "domestic industry" exists or was being established. The Federal Circuit affirmed. The company's enforcement litigation expenses did not constitute "substantial investment in exploitation" of the 539 patent. Those costs were not sufficiently related to licensing. The company has no formal licensing program and the litigation opponent was its only licensee. View "John Mezzalingua Assocs., Inc. v. Int'l Trade Comm'n" on Justia Law

A 2007 patent litigation settlement agreement included a covenant not to sue that stated that it applied to customers of the defendants, who were intended beneficiaries, and a governing law/venue provision specifying New Mexico. In September 2010, plaintiff filed a complaint with the International Trade Commission alleging infringement by defendant and its U.S. distributors and filed a complaint in the Northern District of California alleging infringement of the same two patents, which issued after the settlement agreement but are continuations depending from the applications that were at issue in the settlement. The New Mexico district court entered a preliminary injunction, enforcing the forum selection clause. Plaintiff dismissed its ITC and California claims. The Federal Circuit affirmed the entry of the injunction; the issues relate to and arise out of the settlement agreement district court correctly applied the factors of irreparable harm, balance of hardships, and public interest. View "Gen. Protecht Grp., Inc. v. Leviton Mfg. Co." on Justia Law

The company filed a claim under the Tariff Act of 1930, 19 U.S.C. 1337, asserting infringement of its patents on microchip encapsulation innovations. The ITC found no violation. The Federal Circuit affirmed. Substantial evidence supported the finding of no infringement of one patent by 17 of 18 defendants. The court also affirmed the ITC's determination that the patent was not anticipated and its finding of patent exhaustion with respect to the eighteenth defendant. The claims with respect to other patents, which have expired, are moot.