On October 27, 2015, ALJ David P. Shaw issued a notice of the Initial Determination (“ID”) in Certain Dental Implants (Inv. No. 337-TA-934).

By way of background, this investigation is based on a September 25, 2014 complaint filed by Nobel Biocare Services AG and Nobel Biocare USA, LLC (collectively, “Nobel”) alleging violation of Section 337 in the importation into the U.S. and sale of certain dental implants that infringe one or more claims of U.S. Patent Nos. 8,714,977 and 8,764,443.  See our September 29, 2014 and October 22, 2014 posts for more details on the complaint and the notice of investigation, respectively. 

According to the notice:

[T]he administrative law judge determined that a violation of section 337 has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation, of certain dental implants with respect to asserted claims 15, 18, 19, 30, and 32 of U.S. Patent No. 8,764,443.  A violation of section 337 has not been found with respect to asserted claims 1-5 or 19 of U.S. Patent No. 8,714,977 or asserted claim 17 of U.S. Patent No. 8,764,443.

The notice issued by ALJ Shaw released only the limited information above.  We will provide further information after the public version of the ID is issued.