By Eric Schweibenz
On February 28, 2011, ALJ Carl C. Charneski issued a notice regarding the Initial Determination (“ID”) in Certain Flash Memory and Products Containing Same (Inv. No. 337-TA-685).

By way of background, and according to the notice, the Complainant in this investigation is Samsung Electronics, Co., Ltd. and the Respondents are Spansion, Inc., Spansion LLC, D-Link Corp., D-Link Systems, Inc., Alpine Electronics, Inc., Alpine Electronics of America, Inc., and Egreat USA.

In the notice, ALJ Charneski determined that there is a violation of Section 337.  Specifically, ALJ Charneski determined, inter alia, that (i) “Respondents accused products infringe the asserted claims 8 and 12 of U.S. Patent No. 5,740,065 (‘the ‘065 patent’)”; (ii) “[i]t has not been shown by clear and convincing evidence that any claim of the ‘605 patent is invalid”; and (iii) “[t]he domestic industry requirement is satisfied with respect to the ‘065 patent.”

We will provide additional information after the public version of the ID issues in its entirety.