By Eric Schweibenz
On February 27, 2013, ALJ Thomas B. Pender issued a notice regarding the Initial Determination (“ID”) in Certain Dimmable Compact Fluorescent Lamps and Products Containing Same (Inv. No. 337-TA-830). 

By way of background, the International Trade Commission instituted this investigation on February 22, 2012 based on a complaint filed by Complainants Neptun Light, Inc. and Andrzej Bobel’s (collectively, “Neptun”).  See our February 23, 2012 post for more details about this investigation. 

According to the notice, ALJ Pender held that no violation of Section 337 has occurred in this investigation by Respondents Technical Consumer Products, Inc., TCP (Shanghai) Tiancanbao Lighting Electrical Appliance Co., Ltd., Shanghai Qiangling Electronics Co. Ltd., Zhejiang Qiang Ling Electronic Co. Ltd., U Lighting America Inc., and Golden U Lighting Manufacturing (Shenzhen) Co., Ltd. 

Specifically, ALJ Pender held that infringement of claim 9 of U.S. Patent No. 5,434,480 (the ‘480 patent) was demonstrated by Neptun, but infringement of claims 1 and 12 of U.S. Patent No. 8,035,318 (the ‘318 patent) was not demonstrated by Neptun.  ALJ Pender further held that an industry in the U.S. does not exist with respect to the ‘480 and ‘318 patents.        

The notice issued by ALJ Pender released only the first page of the ID and the conclusions of law set forth in the ID.  We will provide additional information after the public version of the ID issues in its entirety.