By Eric Schweibenz
On December 17, 2009, ALJ Carl C. Charneski issued a notice regarding the Initial Determination (“ID”) in Certain Mobile Telephones and Wireless Communications Devices Featuring Digital Cameras, and Components Thereof (Inv. No. 337-TA-663).

According to the notice, ALJ Charneski held that there was a violation of Section 337 with respect to U.S. Patent Nos. 5,493,335 (the ‘335 patent) and 6,292,218 (the ‘218 patent).  Specifically, ALJ Charneski determined that “Samsung’s accused products” literally infringe certain claims of the ‘335 and ‘218 patents.  ALJ Charneski also determined that certain claims of the ‘335 and ‘218 patents are not invalid due to anticipation, obviousness, obviousness-type double patenting, or failure to comply with the written description requirement of 35 U.S.C. § 112.  ALJ Charneski further determined that it “has not been shown that the ‘218 patent is unenforceable.”  Lastly, ALJ Charneski determined that the “domestic industry requirement is satisfied with respect to the ‘335 patent and the ‘218 patent.”

The notice issued by ALJ Charneski released only the conclusions of law from the ID.  We will provide additional information once the public version of the ID is issued in its entirety.