This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential order dismissing a case as moot given two Rule 36 judgments involving the same parties. Here are the introductions and a list of the Rule 36 judgments.
Techtronic Industries Co. v. International Trade Commission (Precedential)
Techtronic Industries Co. Ltd. and Techtronic Industries North America Inc. (“TTI”), One World Technologies Inc. and OWT Industries Inc. (“One World”), and ET Technology (Wuxi) Co. Ltd. (“ET”) (collectively, “Appellants”) appeal from a final determination of the United States International Trade Commission (the “Commission”), rendered under Section 337 of the Tariff Act of 1930, codified as amended at 19 U.S.C. § 1337 (2018). Following an investigation, the Commission determined that each of the Appellants violated Section 337(a)(1)(B) through the importation of garage door opener products that infringe claims 1–4, 7–12, 15, and 16 of U.S. Patent 7,161,319 (the “’319 patent”). Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, USITC Pub. 4957, 2018 WL 8519593, at *1 (“Commission Determination”) (Mar. 23, 2018); Notice of Final Determination in USITC Inv. No. 337-TA-1016, 83 Fed. Reg. 13,517 (Mar. 29, 2018). The Commission then entered limited exclusion orders against each of the Appellants and cease and desist orders against TTI and One World (collectively, the “Remedial Orders”). See Commission Determination, 2018 WL 8519593, at *22–24; 83 Fed. Reg. 13,517.
We conclude that the Commission erred in its construction of “wall console,” a term in each of the ’319 patent claims. Accordingly, we reverse its construction and its final determination of infringement, and we vacate the Remedial Orders.
Netlist, Inc. v. International Trade Commission (Nonprecedential)
In light of our dispositions in Netlist, Inc. v. SK Hynix Inc., No. 18-2123, and Netlist, Inc. v. SK Hynix Inc., No. 18-2357, we dismiss this case as moot.