By Eric Schweibenz
On October 8, 2009, the International Trade Commission issued a notice determining to review ALJ Carl C. Charneski’s August 7, 2009 initial determination (“ID”) finding violation of Section 337 in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).

By way of background, and as explained in our August 10 post, the Complainant in this investigation is General Electric Co. and the Respondents are Mitsubishi Heavy Industries, Ltd. (“MHI”), Mitsubishi Heavy Industries America, Inc. (“MHIA”), and Mitsubishi Power System, Inc. (“MPSA”).  In the ID, ALJ Charneski determined that a violation of Section 337 occurred by MHI and MPSA with respect to claim 121 of the asserted ‘039 patent, and claim 15 of the asserted ‘985 patent.  ALJ Charneski further determined in the ID that there was no violation with respect to these claims by MHIA.  Additionally, ALJ Charneski determined in the ID that there was no violation of Section 337 by any party with respect to claims 5, 7, and 8 of the asserted ‘221 patent.

In the October 8 notice, the Commission “determined to review the final ID, except the issue of importation and the intent finding underlying the ALJ’s inequitable conduct determination.”  In addition, the notice requests briefing on three questions of particular interest to the Commission.

The parties’ briefs to the Commission are due by October 22, 2009, with reply submissions due by November 2, 2009.