On November 5, 2009, the International Trade Commission issued an order in Certain Voltage Regulators, Components Thereof, and Products Containing Same (Inv. No. 337-TA-564).  In the order, the ITC stated that on May 21, 2009, the Federal Circuit reversed and vacated parts of the Commission’s September 24, 2007 final determination in the investigation.  See our May 26 post for more details.  Additionally, the ITC stated in the order that prior to the issuance of the Federal Circuit’s May 21 decision, the original Complainant, Linear Technology Corporation, filed a new complaint requesting that the Commission institute a formal enforcement proceeding against Respondent Advanced Analogic Technologies, Inc (“AATI”).  The Commission instituted the requested enforcement proceeding on October 1, 2008, but the proceeding was partially terminated on September 9, 2009 based on the entry of a consent order relating to certain AATI products.

Against this background, the Commission ordered that within 14 days of its order, the parties are required to submit joint comments regarding whether, for what issues, and for which accused products, it is warranted that further proceedings be conducted consistent with both the Federal Circuit’s May 21 decision and the parties’ September 9, 2009 consent order in the enforcement proceeding.  Further, the Commission ordered the parties to explain in their joint comments whether it is appropriate for the Commission to decide such matters itself without remand to Chief ALJ Luckern for assignment, whether the matters should be remanded to ALJ Luckern to be consolidated with the enforcement proceeding pursuant to Commission rule 201.7(a), or whether the matters should be remanded to ALJ Luckern for assignment, but not consolidated with the enforcement proceeding.