21
Jun
By Eric Schweibenz
On June 18, 2010, the International Trade Commission (the “Commission”) issued a notice determining to review in part ALJ E. James Gildea’s April 19, 2010 Initial Determination (“ID”) finding no violation of Section 337 in Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits and Products Containing the Same (Inv. No. 337-TA-666).  On review, the Commission determined to reverse some of ALJ Gildea’s findings but to affirm his ultimate holding of no violation of Section 337 on modified grounds.

By way of background, the Complainants in this investigation are O2 Micro International Ltd. and O2 Micro Inc. (collectively, “O2 Micro”).  The Respondents are Monolithic Power Systems Inc. (“MPS”), ASUSTek Computer Inc. and ASUS Computer International America (collectively, “ASUS”), and Microsemi Corporation (“Microsemi”).  On April 19, 2010, ALJ Gildea issued the ID finding no violation of Section 337 by reason of infringement of the asserted claims of U.S. Patent No. 7,417,382 (the ‘382 patent).  In particular, ALJ Gildea determined, inter alia, that Microsemi’s LX1691 and LX1693 products infringe the asserted claims of the ‘382 patent but that O2 Micro has not satisfied the domestic industry requirement with respect to the ‘382 patent.  See our May 24, 2010 post for more details.

According to the June 18 notice, O2 Micro, MPS and ASUS, Microsemi, and the Commission Investigative Staff (“OUII”) each filed petitions for review of the ID on May 3, 2010.  On May 11, 2010, O2 Micro, MPS and ASUS, Microsemi, and OUII each filed responses to the petitions for review.

After examining the record of the investigation, including the ID, the petitions for review, and the responses to the petitions for review, the Commission determined to review the ID in part.  In particular, the Commission determined to review:  (1) the ID’s findings that Microsemi’s LX1691 and LX1693 products infringe the asserted claims of the ‘382 patent; and (2) the ID’s finding that O2 Micro has not satisfied the domestic industry requirement.

The notice states that upon review, the Commission determined to reverse ALJ Gildea’s findings that the LX1691 and LX1693 products infringe the asserted claims of the ‘382 patent but also to reverse the ALJ’s determination that O2 Micro has not satisfied the domestic industry requirement.  Accordingly, the Commission upheld ALJ Gildea’s ultimate finding of no violation of Section 337 — albeit on modified grounds — and terminated the investigation.  Lastly, the notice states that an "opinion will issue shortly."
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