ITC To Review Initial Determination In Certain Laser Imageable Lithographic Printing Plates (337-TA-636)
On September 24, 2009, the Commission issued a notice determining to review in part ALJ E. James Gildea’s July 24, 2009 Initial Determination (“ID”) finding a violation of Section 337 by the respondents in Certain Laser Imageable Lithographic Printing Plates (Inv. No. 337-TA-636). In the notice, the Commission indicated that it intends to modify ALJ Gildea’s claim construction but affirmed the ALJ’s determination of a violation of Section 337.
As indicated in our July 28 and August 13 posts, the complainant in the 636 investigation is Presstek, Inc., and the respondents are VIM Technologies, Inc.; Hanita Coatings RCA, Ltd.; AteCe Canada; Guaranteed Service & Supplies, Inc.; Recognition Systems, Inc.; and Spicers Paper, Inc. (collectively, “Respondents”). On July 24, 2009, ALJ Gildea issued his ID finding that a violation of Section 337 occurred in the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain laser imageable lithographic printing plates by reason of infringement of one or more of claims 1, 10, and 27 of U.S. Patent No. 5,339,737, and one or more of claims 20, 21, and 23 of U.S. Patent No. 5,487,338. Respondents then filed a combined petition for review of the ID, which was opposed by Presstek and the Commission Investigative Staff. In response to the petition, the Commission decided to review certain aspects of the ID relating to claim construction.
On review, the Commission determined to modify the ID by supplementing the ALJ’s claim construction analysis for reasons that will be provided in the Commission’s opinion on remedy, the public interest, and bonding; and to affirm ALJ Gildea’s determination of violation of Section 337. The Commission stated that it may (1) issue an order that could result in the exclusion of the subject articles from entry into the U.S. and/or (2) issue one or more cease-and-desist orders. Accordingly, the Commission requested the parties to submit written submissions addressing the form of remedy, if any, that should be ordered. The Commission stated that it would consider the effect of an exclusion order and/or cease-and-desist order on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to the investigation, and U.S. consumers. It requested written submissions on the aforementioned public interest issues by October 6, 2009.
