01
Apr
By Eric Schweibenz
On March 31, 2010, the International Trade Commission issued a notice determining to issue a general exclusion order (“GEO”) and a limited exclusion order (“LEO”), further extend the target date, and remand the investigation to ALJ E. James Gildea in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same (Inv. No. 337-TA-650).

By way of background, the Complainant in this investigation is John Mezzalingua Associates, Inc. d/b/a PPC, Inc. (“PPC”) and the Respondents are Fu Ching Technical Industry Co. Ltd., Gem Electronics, Inc. (collectively, the “Active Respondents”), Hanjiang Fei Yu Electronics Equipment Factory, Zhongguang Electronics, Yangzhou Zhongguang Electronics Co., Ltd., and Yangzhou Zhongguang Foreign Trade Co., Ltd. (collectively, the “Defaulting Respondents”).  The investigation was instituted on May 30, 2008.  On October 13, 2009, ALJ Gildea issued the final initial determination (“ID”) finding that no violation of Section 337 had occurred in connection with the Active Respondents’ importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain coaxial cable connectors by reason of infringement of U.S. Patent No. 5,470,257 (the ‘257 patent).  The ID further found that the Defaulting Respondents were in violation of Section 337 for reasons of infringement of the ‘257 patent, U.S. Patent Nos. D440,539 (the ‘539 patent), 6,558,194 (the ‘194 patent), and D519,076 (the ‘076 patent).  See our November 10, 2009 post for more details.  On December 14, 2009, the ITC issued a notice determining to review a portion of the ID.  The notice also asked the parties and members of the public comment on “the interpretation of section 337(a)(3) as it pertains to licensing.”  See our December 16, 2009 post for more details.

In the March 31 notice, the Commission determined to vacate in part ALJ Gildea’s finding that PPC established a domestic industry for the ‘539 patent and to issue an order remanding the portion of the investigation relating to the ‘539 patent to the ALJ for further proceedings.  The Commission also determined to modify ALJ Gildea’s constructions of “fastener means” and “engagement means” in the ‘257 patent and consequently reverse the ALJ’s finding that PPC established a domestic industry for the ‘257 patent and his finding that a violation has occurred with respect to the ‘257 patent.  Additionally, the Commission determined that the Defaulting Respondents violated Section 337 by reason of infringement of the ‘076 and ‘194 patents, and that Active Respondents did not violate Section 337.

The Commission determined that the appropriate form of relief is an LEO and a GEO.  The LEO prohibits the unlicensed entry of coaxial cable connectors and components thereof and products containing the same that infringe the single claim of the ‘076 patent and are manufactured abroad by or on behalf of, or imported by or on behalf of, any of the Defaulting Respondents.  The GEO prohibits the unlicensed entry of coaxial cable connectors and components thereof and products containing the same that infringe claims 1 and/or 2 of the ‘194 patent.  The Commission further determined that the public interest factors do not preclude issuance of the exclusion orders, and that the bond during the Presidential review period should be set at 13 cents per coaxial connector of the Defaulting Respondents that is subject to the LEO or the GEO.

Lastly, the Commission determined to extend the target date of the investigation to June 1, 2010, “to allow the ALJ time to consider the Commission’s remand instructions.”
Share