By Eric Schweibenz
On May 21, 2010, the International Trade Commission issued a notice determining not to review an Initial Determination (“ID”) issued by ALJ Robert K. Rogers, Jr. on May 4, 2010 granting-in-part a motion for summary determination of invalidity in Certain Printing and Imaging Devices and Components Thereof (Inv. No. 337-TA-690).

By way of background, the Complainants in this investigation are Ricoh Company, Ltd., Ricoh Americas Corporation, and Ricoh Electronics, Inc. (collectively, “Ricoh”).  The Respondents are Oki Data Corporation and Oki Data Americas, Inc (collectively, “Oki Data”).  On March 15, 2010, Oki Data filed a motion for summary determination of invalidity, alleging that certain claims of U.S. Patent Nos. 5,764,866; 6,388,771 (the ‘771 patent); and 6,209,048 recite means-plus-function language and that those claims are invalid for failing to comply with 35 U.S.C. § 112, sixth paragraph.  Ricoh filed a response opposing the motion and the Commission Investigative Staff filed a response in support of the motion.  On May 4, 2010, ALJ Rogers issued the ID granting Oki Data’s motion in part.  Specifically, the ALJ found that the claim term “means for preparing” recited in asserted claim 3 of the ‘771 patent lacks adequate description in the specification of a structure that performs the claimed function, and found the claim invalid.  See our May 7, 2010 post for more details.

According to the May 21 notice, no petitions for review of the ID were filed, and the Commission determined not to review the ID.