ALJ Bullock Issues Supplemental Initial Determination In Certain Encapsulated Integrated Circuit Devices (337-TA-501)
On March 22, 2010, ALJ Charles E. Bullock issued a notice of Supplemental Initial Determination (“Supplemental ID”) in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501). According to the notice, in the Supplemental ID, ALJ Bullock modified his previous finding of violation and determined that no violation of Section 337 had occurred.
By way of background, the ITC issued a notice and order on February 18, 2010 reversing ALJ Bullock’s October 30, 2009 Supplemental Initial Determination finding that non-party ASAT’s LPCC invention is not prior art to the patents-in-suit and remanding the investigation to the ALJ to make “necessary findings on anticipation and obviousness in view of the Commission’s determination that the ASAT LPCC invention is prior art to Amkor’s asserted patents.” See our February 22, 2010 post for more details.
Attached to the notice are pages 1 and 37 of the Supplemental ID, which state that (1) claims 21-23 of the ‘277 patent are anticipated under § 102(g) by the ASAT LPCC invention, (2) claims 1-4, 7, 17, 18 and 20-23 of the ‘277 patent are obvious under § 103(a) in view of the ASAT LPCC invention in combination with one or more other references, (3) claims 1-4, 7 and 8 of the ‘728 patent are obvious under § 103(a) in view of the ASAT LPCC invention in combination with one or more other references, and (4) the remaining asserted claims of the patents-in-suit are not anticipated under § 102(g) by the ASAT LPCC invention or rendered obvious under § 103(a) in view of the ASAT LPCC invention in combination with one or more other references.
According to the notice, a complete public version of the Supplemental ID will be issued when all the parties have submitted their redactions and the ALJ has had an opportunity to review them.
