22
Feb
By Eric Schweibenz
On February 18, 2010, the International Trade Commission issued a notice determining to reverse ALJ Charles E. Bullock’s October 30, 2009 Supplemental Initial Determination (“Supplemental ID”) and remand the investigation in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501).

By way of background, the Complainant in this investigation is Amkor Technology, Inc. (“Amkor”) and the Respondents are Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem, Inc. (collectively “Carsem”).  On November 9, 2005, ALJ Bullock issued a Remand Initial Determination, finding that (1) there was a violation of Section 337 in connection with U.S. Patent No. 6,433,277 (the ‘277 patent); and (2) no violation of Section 337 had occurred in connection with U.S. Patent No. 6,630,728 and U.S. Patent No. 6,455,356.  On July 1, 2008, the U.S. District Court for the District of Columbia granted the Commission’s petition to enforce subpoenas duces tecum and ad testificandum to non-party ASAT.  In response, Carsem renewed its motion to remand the investigation and reopen the record to include any new evidence obtained as a result of the enforcement of the subpoenas.  The Commission issued a Remand Order on July 1, 2009, ordering that (1) the investigation be remanded to reopen the record to admit any new evidence obtained as a result of the enforcement of the subpoena duces tecum to ASAT, and (2) the ALJ revise or supplement the Initial Determination as appropriate, in light of the supplemental evidence, making all necessary findings concerning Carsem’s invalidity defenses for which the subpoena was obtained.  At a September 10-11, 2009 hearing, Carsem’s invalidity arguments were limited to 35 U.S.C. §§ 102(g) and 103(a).  On October 30, 2009, ALJ Bullock issued the Supplemental ID reaffirming his finding of a violation of Section 337.  See our November 27, 2009 post for more details.  On December 16, 2009, the Commission issued a notice determining to review the Supplemental ID.  See our December 17, 2009 post for more details.

The Commission’s order accompanying the February 18 notice stated that the “ALJ’s finding that the ASAT LPCC invention is not prior art to the Amkor asserted patents-in-suit is legally erroneous, and is reversed.”  The order further held that the ASAT LPCC invention “is prior art to the Amkor asserted patents.”  The order then remanded the investigation to the ALJ to make “necessary findings on anticipation and obviousness in view of the Commission’s determination that the ASAT LPCC invention is prior art to Amkor’s asserted patents.”  The Commission further determined that the ALJ must issue findings in accordance with the order by March 22, 2010.  The Commission also extended the target date for completion of this investigation to July 20, 2010.
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