By Eric Schweibenz
On June 22, 2017, ALJ MaryJoan McNamara issued a notice of the Initial Determination in Certain Radio Frequency Identification (“RFID”) Products and Components Thereof (Inv. No. 337-TA-979).

By way of background, this investigation is based on a December 4, 2015 complaint filed by Neology, Inc. (“Neology”) of Poway, California alleging violation of Section 337 in the importation into the U.S. and sale of certain RFID products and components thereof that infringe one or more claims of U.S. Patent Nos. 8,325,044; 8,587,436; and 7,119,664. See our December 4, 2015 and January 7, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to the June 22, 2017 notice, ALJ McNamara determined:
On this date in this Investigation, the Administrative Law Judge issued the Final Initial Determination ("ID") on the question of violation of Section 337 of the Tariff Act, as amended, 19 U.S.C. § 1337. A public version of the ID will be available within 30 days.
As is explained in the ID, the Administrative Law Judge determined that asserted claims 13, 14 and 25 of U.S. Patent No. 8,325,044 (the '''044 patent") and the asserted claims 1,2 and 4 of U.S. Patent No. 8,587,436 (the '"436 patent") are invalid for lack of a written description pursuant to 35 U.S.C. § 112. It is also a finding of the ID that the '044 and '436 patents are invalid due to anticipation under 35 U.S.C. § 102, and obviousness under 35 U.S.C. § 103. Because the '044 and '436 patents have been found to be invalid, it is a finding of the ID that Respondents are not liable for infringement of the asserted claims.
Therefore, no violation of Section 337 has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation, of certain radio frequency identification ("RFID") products and components thereof.

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