By Eric Schweibenz
On February 10, 2009, Administrative Law Judge Roger K. Rogers, Jr. issued the public version of his January 12, 2009 Initial Determination in the matter of Certain Silicon Microphone Packages and Products Containing the Same (Inv. No. 337-TA-629).  Please note that Oblon Spivak represents respondent MEMS Technology Berhad (“MemsTech”) in this matter. 

In the ID, ALJ Rogers determined that MemsTech violated section 337 based on the importation, sale for importation, and sale after importation of certain silicon microphone packages by literal infringement of certain claims of Complainant Knowles Electronics, LLC’s (“Knowles”) U.S. Patent Nos. 6,781,231 and 7,242,089.

ALJ Rogers determined that an industry does exist in the U.S. that exploits the asserted patents, as required by 19 U.S.C. § 1337(a)(2).  Also, ALJ Rogers determined that there has been an importation of the accused silicon microphone packages.

Regarding invalidity, ALJ Rogers determined that claim 10 of the ‘089 patent is invalid for failure to comply with the written description requirement of 35 U.S.C. § 112 ¶ 1.  ALJ Rogers otherwise determined that all of the other asserted claims were valid and enforceable.

On January 26, 2009, MemsTech, Knowles, and the Commission Investigative Staff filed petitions for review of ALJ Rogers’ Initial Determination. 

On February 3, 2009, MemsTech, Knowles, and the Commission Investigative Staff filed responses to these petitions.