01
Feb
By Barry Herman
On January 29, 2010, the International Trade Commission issued a notice determining to review in part ALJ Robert K. Rogers, Jr.’s October 14, 2009 initial determination (“ID”) finding no violation of Section 337 in Certain Semiconductor Integrated Circuits and Products Containing Same (Inv. No. 337-TA-665).  The Commission determined to take no position on one issue, and to terminate the investigation with a finding of no violation.

By way of background, and as explained in our October 19, 2009 post, the Complainant in this investigation is Qimonda AG (“Qimonda”) and the Respondents are LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings, Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, Seagate Technologies International (Singapore), and Seagate (US) LLC (collectively “Respondents”).  In the ID, ALJ Rogers held that there was no violation of Section 337 by Respondents.  Specifically, ALJ Rogers determined that none of the accused products literally infringed United States Patent Nos. 5,213,670 (“the ‘670 patent”), 5,646,434 (“the ‘434 patent”), and 5,851,899 (“the ‘899 patent”).  ALJ Rogers also determined that while certain claims of United States Patent No. 6,495,918 (“the ‘918 patent”) were literally infringed by certain products of Respondent LSI, no industry exists in the U.S. that exploits the ‘918 patent (or any of the asserted patents), as required by 19 U.S.C. § 1337(a)(2).  In addition, ALJ Rogers determined that certain claims of the ‘918 patent are invalid under 35 U.S.C. § 102 and that certain claims of the ‘434 patent are invalid under 35 U.S.C. § 102 or § 103.  Further, ALJ Rogers determined that the asserted claims of the ‘670 and ‘899 patents are valid and the patents are enforceable.

On October 27, 2009, Qimonda filed a petition for review of the ID with respect to the ‘434, ‘899, and ‘918 patents (but not the ‘670 patent).  On November 5, the Respondents and the ITC Staff filed responses to the petition.

The Commission determined to review the final ID in part “and to take no position on whether U.S. Patent No. 6,242,051 to Shinogi anticipates, under 35 U.S.C. § 102, any of the asserted claims of the ‘918 patent.”  The Commission determined not to review the remainder of the ID and thus terminated the investigation with a finding of no violation.
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