By Tom Fisher
On May 27, 2010, ALJ E. James Gildea issued a notice regarding a Remand Initial Determination (“RID”) 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 his Initial Determination (“ID”) finding, inter alia, that the Defaulting Respondents were in violation of Section 337 by reason of infringement of U.S. Patent Nos. 5,470,257, 6,558,194, D519,076, and D440,539 (the ‘539 patent).  See our November 10, 2009 post for more details.

On December 14, 2009, the International Trade Commission (the “Commission”) issued a notice determining to review the ID in part.  On review, the Commission considered, inter alia, whether PPC had satisfied the domestic industry requirement with respect to the ‘539 patent.  On March 31, 2010, the Commission vacated ALJ Gildea’s finding that PPC had established a domestic industry with respect to the ‘539 patent and issued an order remanding the portion of the investigation relating to the ‘539 patent to ALJ Gildea for further proceedings.  See our April 1, 2010 and April 16, 2010 posts for more details.

According to the May 27 notice, ALJ Gildea held in his RID that PPC has not established a domestic industry with respect to the ‘539 patent, and therefore, there has been no violation of Section 337 by Defaulting Respondents in connection with the importation into the U.S., sale for importation, or sale within the U.S. after importation of certain coaxial cable connectors by reason of infringement of the ‘539 patent.

The notice issued by ALJ Gildea released only pages 1-2 of the RID.  We will provide additional information once the public version of the RID is issued in its entirety