On October 14, 2009, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination On Violation of Section 337 and Recommended Determination on Remedy and Bond (“ID”) in Certain Semiconductor Integrated Circuits and Products Containing Same (Inv. No. 337-TA-665).

The Complainant in this investigation is Qimonda AG (“Qimonda”) and the Respondents are LSI Corporation, Seagate Technology, Seagate Technology (US) Holdings, Inc., Seagate Technology LLC, Seagate Memory Products (US) Corporation, Seagate Technologies International (Singapore), and Seagate (US) LLC (collectively “Respondents”).

According to the notice, ALJ Rogers held that there was no violation of Section 337 by Respondents.  Specifically, ALJ Rogers determined that none of the accused products literally infringed United States Patent Nos. 5,213,670 (“the ‘670 patent”); 5,646,434 (“the ‘434 patent”); and 5,851,899 (“the ‘899 patent”).  ALJ Rogers also determined that while certain claims of United States Patent No. 6,495,918 (“the ‘918 patent”) were literally infringed by certain products of Respondent LSI, no industry exists in the U.S. that exploits the ‘918 patent (or any of the asserted patents), as required by 19 U.S.C. § 1337(a)(2).  In addition, ALJ Rogers determined that certain claims of the ‘918 patent are invalid under 35 U.S.C. § 102 and that certain claims of the ‘434 patent are invalid under 35 U.S.C. § 102 or § 103.  Further, ALJ Rogers determined that the asserted claims of the ‘670 and ‘899 patents are valid and the patents are enforceable.

The notice issued by ALJ Rogers released only pages 1-3 of the ID.  We will provide additional information once the public version of the ID is issued in its entirety.