By Eric Schweibenz
On October 1, 2009, the International Trade Commission issued an order in Certain Connecting Devices (“Quick Clamps”) For Use With Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRL’s”) That Are Part Of Larger Pneumatic Systems and the FRL Units They Connect (Inv. No. 337-TA-587).  Please note that Oblon Spivak represents Respondents SMC Corporation and SMC Corporation of America in this matter.

In the order, the ITC states that its final determination of no violation based on non-infringement in this investigation was reversed by the Federal Circuit on May 26, 2009 (see our May 28 post for more details) and remanded with instructions “to evaluate obviousness in the first instance based upon the [Federal Circuit’s] construction of the claim term ‘generally rectangular ported flange.’”  The order also remands the investigation to Chief ALJ Paul J. Luckern for designation of a presiding administrative law judge to conduct proceedings consistent with the Federal Circuit’s May 26, 2009 decision.  Further, the order provides that the “ALJ may otherwise conduct the remand proceedings as he deems appropriate, including reopening the record.”