On October 3, 2016, ALJ MaryJoan McNamara issued Order No. 16 in Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same (Inv. No. 337-TA-1003).
By way of background, this investigation is based on a May 5, 2016 complaint filed by Aspen Aerogels, Inc. alleging violation of Section 337 by way of unlawfully importing into the U.S., selling for importation, and/or selling within the U.S. after importation certain composite aerogel insulation materials that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. 7,078,359; 7,399,439; 6,989,123; 7,780,890; and 9,181,486. See our May 5, 2016 and June 8, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 16, ALJ McNamara granted a joint motion filed by the parties “even as they reflected the importance of early claim construction resolution.” In any event, ALJ McNamara further determined that the claim construction issues, which total fifteen (15) disputed claim terms from five patents when similar claim terms are grouped together, and the technology relevant to this Investigation, can be adequately explained through briefing. Additionally, ALJ McNamara noted the parties’ statement that they are in agreement that no tutorial is necessary and can be adequately explained in the Technology Stipulation, due October 14, 2016.