By Eric Schweibenz
On November 22, 2010, the International Trade Commission issued a notice determining to review in part an Initial Determination (“ID”) issued by ALJ Robert K. Rogers, Jr. on September 23, 2010 finding a violation of Section 337 in Certain Printing and Imaging Devices and Components Thereof (Inv. No. 337-TA-690).

By way of background, the Complainants in this investigation are Ricoh Company, Ltd., Ricoh Americas Corporation, and Ricoh Electronics, Inc (collectively, “Ricoh”).  The Respondents are Oki Data Corporation and Oki Data Americas, Inc. (collectively, “Oki Data”).  On September 23, 2010, ALJ Rogers issued the ID determining that Oki Data had violated Section 337 in connection with the infringement of U.S. Patent No. 5,863,690 (the ‘690 patent).  Additionally, ALJ Rogers determined that Oki Data had not violated Section 337 with respect to U.S. Patent Nos. 6,212,343 (the ‘343 patent), 6,209,048 (the ‘048 patent), 6,388,771 (the ‘771 patent), and 5,746,866 (the ‘866 patent).  See our September 27, 2010 post for more details.

According to the November 22 notice, the parties each filed petitions for review of the ID on October 6, 2010.  Each party filed a response to the other parties’ petitions on October 14, 2010.

After examining the record of the investigation, including the ID, the petitions for review, and the responses to the petitions for review, the Commission determined to review the ID in part.  In particular, the Commission determined to review all findings and conclusions relating to whether a violation of Section 337 has occurred with respect to the ‘343 and ‘690 patents.  The Commission requested briefing on the issues under review and stated that it is particularly interested in responses to various questions relating to claim construction, infringement, validity, and domestic industry.

As to the ‘048, ‘771, and ‘866 patents, the Commission determined that Oki Data did not violate Section 337 and further determined to review and take no position on various findings in the ID.  The Commission also determined to adopt various findings relating to the ‘866 and ‘771 patents set forth in ALJ Rogers’ Order No. 29 of May 24, 2010.

Additionally, the Commission requested written submissions on remedy, the public interest, and bonding.  The Commission further requested that Ricoh and the Commission Investigative Staff submit proposed remedial orders for the Commission’s consideration.

Written submissions and proposed remedial orders are due by December 9, 2010, with reply submissions due by December 17, 2010.