On November 30, 2016, ALJ Dee Lord issued a notice of the Initial Determination on Violation of Section 337 in Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-972).
By way of background, this investigation is based on an October 19, 2015 complaint filed by Diebold, Inc. and Diebold Self-Service Systems (collectively, “Diebold”) alleging violation of Section 337 in the importation into the U.S. and sale of certain automated teller machines, ATM modules, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,082,616; 7,121,461; 7,229,010; 7,249,761; 7,314,163; and 7,832,631. See our October 20, 2015 and November 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
According to the notice, ALJ Lord determined:
I have issued an initial determination on violation of section 337 in this investigation pursuant to Commission Rule 210.42(a)(1)(i). For the reasons discussed therein, it is my final initial determination that there is a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain automated teller machines, ATM products, components thereof, and products containing the same by reason of infringement of U.S. Patent Nos. 6,082,616 (the '''616 patent") and 7,832,631 (the "'631 patent"). There is no violation with respect to U.S. Patent No. 7,229,010 (the "'010 patent"). A public version of this initial determination shall issue within 30 days, or in the time necessary to identify and redact the confidential business information therein, pursuant to Commission Rule 210.5(f).