28
Jul
By Barry Herman
On July 27, 2009, the Commission issued an order in which it remanded the investigation to Chief ALJ Paul J. Luckern in Certain High-Brightness Light Emitting Diodes and Products Containing Same (Inv. No. 337-TA-556).  The Complainant is Lumileds Lighting U.S., LLC and the named Respondents are Epistar Corporation and United Epitaxy Co. of Hsinchu, Taiwan (collectively referred to as Epistar since the respondents have merged).

By way of background, on January 8, 2007, ALJ Sidney Harris found a violation of section 337 based on his findings that Epistar’s accused LED products infringe one or more of the asserted claims of U.S. Patent No. 5,008,718.  The Commission found that additional accused products infringe the ‘718 patent and issued an opinion and limited exclusion order (“LEO”) on May 9, 2007.

Epistar appealed the Commission’s final determination.  As set forth in our May 26 post, the Federal Circuit issued its opinion in Epistar Corp. v. Int’l Trade Comm’n, No. 2007-1457, on May 22, 2009, reversing the Commission’s decision that Epistar could not raise the defense of patent invalidity, affirming the Commission’s claim construction, and reversing the grant of the LEO.  The Federal Circuit remanded the case to the ITC so that Epistar could raise its invalidity defense and reconsider the grant of the LEO.

According to the order, the investigation was remanded to ALJ Luckern “for proceedings consistent with the May 22, 2009 judgment . . . including a final initial determination on violation and a recommended determination on remedy and bonding.”  The Commission noted the final ID was to be processed in accordance with the Commission Rules and that ALJ Luckern “may otherwise conduct the remand proceedings as he deems appropriate, including reopening the record.”
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