By Eric Schweibenz
On December 18, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 4: Designating Investigation “More Complicated” in Certain Silicon Microphone Packages and Products Containing the Same (Inv. No. 337-TA-695).

By way of background, the Complainant in this investigation is Knowles Electronics LLC (“Knowles”) and the Respondent is Analog Devices Inc.  The investigation is based on a November 12, 2009 complaint and motion for temporary relief as well as a December 1, 2009 letter supplementing the complaint filed by Knowles.  Knowles’ complaint and motion for temporary relief allege violation of Section 337 in the importation into the U.S. and sale of certain silicon microphone packages and products containing the same which allegedly infringe U.S. Patent Nos. 6,781,231 and 7,242,089.  See our November 13, 17, and December 18 and 21 posts for more details.

In the December 18 Order, ALJ Rogers based his designation of this investigation as “more complicated” on “the complexity of the issues raised in the motion for temporary relief” including “(1) two patents which relate to microelectromechanical system (“MEMS”) microphone packaging; (2) multiple products accused of infringement; and (3) the likelihood of the assertion of multiple alleged invalidating prior art references.”

ALJ Rogers further determined in the December 18 Order that a three-day evidentiary hearing on Knowles’ motion for temporary relief will commence on February 17, 2010.