By Eric Schweibenz
On July 27, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Final Initial and Recommended Determination (ID) in Certain Electronic Imaging Devices (Inv. No. 337-TA-726).

By way of background, the Complainant in this investigation is FlashPoint Technology, Inc. (“Flashpoint”) and the remaining Respondents are HTC Corp. and HTC America, Inc. (collectively, “HTC”).  The patents-in-suit are U.S. Patent Nos. 6,262,769 (the ‘769 patent) and 6,163,816 (the ‘816 patent).

According to the notice, ALJ Luckern determined that no violation of Section 337 has occurred by HTC.  Specifically, ALJ Luckern determined, inter alia, that (i) Flashpoint failed to show that the asserted claims of the ‘796 and ‘816 patents are infringed, (ii) it has been established that the asserted claims of the ‘816 patent are invalid under 35 U.S.C. § 102(b) (on sale bar), (iii) it was not established that the asserted claims of the ‘769 and ‘816 patents are invalid in view of prior art, (iv) Flashpoint’s rights under the ‘816 and ‘769 patents were not exhausted with respect to HTC’s accused Windows Phone 7 products, and (v) Flashpoint did not establish a domestic industry with respect to either of the ‘769 or ‘816 patents.    

ALJ Luckern also recommended that in the event a Section 337 violation is found by the Commission, a limited exclusion order with certification provisions should issue.  However, ALJ Luckern did not recommend any bond.

The notice issued by ALJ Luckern released only the title page, the conclusions of law, and the order.  We will provide additional information after the public version of the ID issues in its entirety.