06
Apr
By Alex Gasser
On April 4, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Initial Determination (ID) in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras (Inv. No. 337-TA-709), finding no violation of Section 337.

By way of background, the Commission instituted this investigation on March 29, 2010.  The Complainant is Freescale Semiconductor, Inc. (“Freescale”) and the Respondents remaining in the investigation are Funai Electric Co., Ltd., Funai Corporation, Inc., Wal-Mart Stores, Inc., Best Buy Purchasing, LLC, BestBuy.Com, LLC, and Best Buy Stores, L.P.  Only claims 9 and 10 of U.S. Patent No. 5,467,455 (the ‘455 patent) remain at issue.  See our April 5, 2011 post for more information.

According to the notice, ALJ Luckern determined, inter alia, that (1) Freescale failed to show that claims 9 and 10 of the ‘455 patent are infringed, (2) it has not been established that claims 9 and 10 of the ‘455 patent are invalid, (3) Freescale established a domestic industry, (4) should the Commission find a violation of Section 337, ALJ Luckern recommended limited exclusion orders and cease and desist orders, but no bond.

The notice issued by ALJ Luckern released only the conclusions of law in the ID.  We will provide additional information after the public version of the ID issues in its entirety.
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