On March 13, 2009, the U.S. International Trade Commission issued a Notice determining to review in part the final Initial Determination (“ID”) issued by Administrative Law Judge Robert K. Rogers, Jr. on January 12, 2009, in the matter of Certain Silicon Microphone Packages and Products Containing the Same (Inv. No. 337-TA-629).  Please note that Oblon Spivak represents MEMS Technology Berhad (“MemsTech”) in this matter. 

This investigation was instituted on January 14, 2008, based on the complaint of Knowles Electronics, LLC of Itasca, Illinois.  The sole respondent is MemsTech of Malaysia.

As indicated in our February 19 post, on January 12, 2009, ALJ Rogers issued his ID, finding a violation of 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 Knowles’ U.S. Patent Nos. 6,781,231 and 7,242,089.  The private parties and the Commission Investigative Staff each filed petitions for review of the ID on January 26, 2009 and responses on February 3, 2009.

After examining the ID, the petitions for review, and the responses to the petitions for review, the Commission decided to review (i) ALJ Rogers’ infringement and validity determinations regarding Knowles’ ‘231 patent, and (ii) ALJ Rogers’ claim construction, infringement, technical prong, and validity determinations regarding Knowles’ ‘089 patent.  In addition, the Notice requests briefing on two questions (with a number of subparts) of particular interest to the Commission.  

The parties’ briefs to the Commission are due by March 27, 2009, with reply submissions due by April 3, 2009.  Also, the Commission extended the target date for completion of the investigation by thirty days, from April 14 to May 14, 2009.