21
Jul
By Tom Fisher
Further to our June 15 post, on July 16, 2009, the International Trade Commission issued the public version of its Opinion in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-629).  In the Opinion, the Commission affirmed ALJ Robert K. Rogers, Jr.’s determination that Respondent MEMS Technology Berhad (“MemsTech”) had violated Section 337.  Specifically, the Commission affirmed with certain modifications ALJ Rogers’ findings that Complainant Knowles Electronics, LLC’s (“Knowles”) U.S. Patent Nos. 6,781,231 (the “‘231 patent”) and 7,242,089 (the “‘089 patent”) are valid and that MemsTech’s silicon microphone packages infringe certain claims of those patents.  The Commission also issued a limited exclusion order against MemsTech.  Please note that Oblon Spivak represents MemsTech in this matter.

With respect to infringement, the Commission affirmed with certain modifications ALJ Rogers’s finding that MemsTech’s silicon mircrophone packages infringe the asserted claims of the ‘231 and ‘089 patents.  With respect to the modifications, the Commission found that in making his infringement determination, ALJ Rogers had improperly relied on exhibits that were not admitted into evidence.  The Commission struck these improper references, but affirmed ALJ Rogers’ infringement determination because, according to the Opinion, there was alternative support for infringement in the record.

The Commission also affirmed with certain modifications ALJ Rogers’ findings on claim construction and validity.  The Commission chose not to rely on all of ALJ Rogers’ reasoning, but affirmed his conclusion that the asserted claims of the ‘231 and ‘089 patents are not invalid.

Finally, with respect to remedy, the Commission (1) issued a limited exclusion order against MemsTech; (2) found that the public interest factors do not preclude issuance of such an order; and (3) found that there should be no bond during the Presidential review period.
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