15
Jun
By Eric Schweibenz
On June 12, 2009, the ITC issued a Notice of Final Determination in Certain Silicon Microphone Packages and Products Containing Same (337-TA-629) finding a violation of section 337 by MEMS Technology Berhad (“MemsTech”) as a result of infringement of certain claims of U.S. Patent No. 6,781,231 and 7,242,089.  Please note that Oblon Spivak represents MemsTech in this matter.

As we explained in our March 16 post, this investigation was instituted on January 14, 2008, based on the complaint of Knowles Electronics, LLC of Itasca, Illinois.

On January 12, 2009, ALJ Robert K. Rogers, Jr. issued his ID finding a violation of section 337.  On March 13, 2009, the Commission decided to review ALJ Rogers’ (1) infringement and validity determinations regarding Knowles’ ‘231 patent, and (2) claim construction, infringement, technical prong, and validity determinations regarding Knowles’ ‘089 patent.

According to the Notice, the Commission determined to affirm the ID after making various modifications to ALJ Rogers’ infringement and validity determinations regarding Knowles’ ‘231 patent, as well as ALJ Rogers’ claim construction, infringement, and validity determinations regarding Knowles’ ‘089 patent.  The Commission also (1) issued a limited exclusion order against MemsTech; (2) found that the public interest factors do not preclude issuance of such order; and (3) found that there should be no bond during the Presidential review period.
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