By Eric Schweibenz
On November 6, 2009, the International Trade Commission issued a notice determining not to review the October 7, 2009 Initial Determination (“ID”) of ALJ Theodore R. Essex finding that Complainant Rambus Inc.’s (“Rambus”) licensing activities in the United States satisfied the domestic industry requirement in Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same (Inv. No. 337-TA-661).

By way of background, Rambus filed a complaint on December 10, 2008 alleging violations of Section 337 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain semiconductor chips having synchronous dynamic random access memory controllers and products containing same by reason of infringement of certain claims of various U.S. patents.  On June 15, 2009, Rambus moved for summary determination that its licensing activities in the United States satisfy the domestic industry requirement of 19 U.S.C. § 1337(a)(3)(C) as to the asserted patents.  On June 30, 2009, the Commission Investigative Staff (“Staff’) filed a response in support of the motion, and Respondents filed a response opposing the motion.

On October 7, 2009, ALJ Essex issued the ID granting Rambus’ summary determination motion.  On October 16, 2009, Respondents petitioned for review of the ID.  Rambus and the Staff filed responses to Respondents’ petition for review on October 23, 2009.

According to the November 6 notice, the “Commission has determined not to review the ID.”