By Eric Schweibenz
On May 14, 2010, the International Trade Commission issued a notice determining not to review an Enforcement Initial Determination (“EID”) issued by ALJ Carl C. Charneski on March 18, 2010 in Certain Voltage Regulators, Components Thereof and Products Containing Same (Inv. No. 337-TA-564).

By way of background, the Complainant in this investigation is Linear Technology Corporation (“Linear”) and the Respondent is Advanced Analogic Technologies, Inc. (“AATI”).  The ITC issued its Final Determination on September 24, 2007 finding that a representative AATI voltage regulator infringed certain claims of Linear’s U.S. Patent No. 6,580,258.  The ITC issued a limited exclusion order (“LEO”) directed to AATI with respect to voltage regulators covered by the asserted claims.  Linear thereafter filed a complaint requesting that the ITC institute a formal enforcement proceeding against AATI for alleged violation of the LEO.  The ITC issued a Notice of Institution of Formal Enforcement Proceeding on October 1, 2008.  On March 18, 2010, ALJ Charneski issued the EID finding a violation of the LEO.  See our April 2, 2010 post for more details.

According to the May 14 notice, AATI filed a petition for review of certain aspects of the EID, and Linear filed a contingent petition for review of the EID.  AATI and Linear filed responses to each others’ petitions, and the Commission Investigative Staff filed a joint response to the private parties’ petitions.

After reviewing the record of the enforcement proceeding, including the petitions for review and the responses thereto, the Commission determined not to review the EID.