12
Jul
By Eric Schweibenz
On July 9, 2010, the International Trade Commission issued a notice determining to reverse Chief ALJ Paul J. Luckern’s February 23, 2010 final Initial Determination (“ID”) in Certain Adjustable Keyboard Support Systems and Components Thereof (Inv. No. 337-TA-670).  According to the notice, the ITC terminated the investigation finding that the asserted claims were not infringed and were invalid.

By way of background, the Complainant in this investigation is Humanscale Corporation (“Humanscale”) and the Respondents are CompX International, Inc. and Waterloo Furniture Components Limited d/b/a CompX Waterloo (collectively, “CompX”).

ALJ Luckern issued the ID finding a violation of Section 337 in connection with the importation into the U.S., sale for importation, and sale within the U.S. after importation of certain adjustable keyboard support systems and components thereof.  According to the ID, ALJ Luckern found that CompX did not violate Section 337 with respect to its “Wedge-Brake” products because they did not infringe asserted claims 7 and 34 of U.S. Patent No. 5,292,097 (the ‘097 patent).  However, ALJ Luckern found that CompX did violate Section 337 with respect to its “Brake-Shoe” products because they infringed claim 34 of the ‘097 patent.  The ALJ also found that there was no violation with respect to claim 7 because CompX had established by clear and convincing evidence that claim 7 is invalid for obviousness under 35 U.S.C. § 103.  ALJ Luckern further found that CompX had not established any intervening rights.  Finally, the ALJ found that Humanscale had proved the existence of a domestic industry with respect to the ‘097 patent.  See our March 15, 2010 post for more details.

On March 9, 2010, Humanscale, CompX, and the Commission Investigative Staff (“OUII”) each filed a petition for review of the ID.  On March 17, 2010, CompX filed a reply to Humanscale’s petition, Humanscale filed a consolidated reply to CompX’s and OUII’s petitions, and OUII filed a consolidated reply to Humanscale’s and CompX’s petitions.  On April 26, 2010, the ITC issued a notice determining to review in part the ID.  See our April 27, 2010 post for more details.

According to the July 9 notice, “the Commission has determined to reverse the ALJ’s determination that the respondents violated section 337.  The Commission finds the asserted claims are not infringed and are invalid.”
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