By Eric Schweibenz
On May 3, 2010, the International Trade Commission issued a notice determining not to review an initial determination (“ID”) issued by Chief ALJ Paul J. Luckern granting a motion for summary determination of non-infringement and terminating the investigation in Certain Dual Access Locks and Products Containing Same (Inv. No. 337-TA-689).

By way of background, Complainants Safe Skies, LLC and David Tropp (collectively, “Safe Skies”) alleged violations of Section 337 against several respondents regarding certain dual access locks, which allegedly infringe U.S. Patent Nos. 7,021,537 and 7,036,728.  See our September 17, 2009 and October 19, 2009 posts for more details.  On March 18, 2010, ALJ Luckern granted a motion of the Commission Investigative Staff (“OUII”) and a joint motion of respondents for summary determination of non-infringement of all asserted claims.  See our March 30, 2010 post for more details.

On April 1, 2010, Safe Skies filed a petition for review of the ID.  On April 8 and 9, 2010, OUII and respondents filed oppositions to the petition for review, respectively.

According to the May 3 notice, the “Commission has determined not to review the ID and terminate[s] the investigation with a finding of no violation of section 337.”