By Eric Schweibenz
On November 13, 2012, the International Trade Commission (the “Commission”) issued a notice in Certain LED Photographic Lighting Devices and Components Thereof (Inv. No. 337-TA-804).  In the notice, the Commission determined to review in part ALJ Theodore R. Essex’s September 7, 2012 initial determination (“ID”), which found a violation of Section 337 by the Respondents in this investigation.

By way of background, the Commission instituted this investigation on September 7, 2011 based on a complaint filed by Litepanels, Inc. and Litepanels, Ltd. (collectively, “Litepanels”) alleging a violation of Section 337 by Respondents FloLight, LLC, Prompter People, Inc., IKAN Corporation, Advanced Business Computer Services, LLC, Fotodiox Inc., Yuyao Lishuai Photo-Facility Co., Ltd., Yuyao Fotodiox Photo Equipment Co., Ltd., Yuyao Lily Collection Co., Ltd., and Stellar Lighting Systems (collectively, the “Respondents”) for the importation into the U.S. and sale of certain LED photographic lighting devices and components thereof.  Litepanels alleged that the Respondents violated Section 337 with respect to U.S. Patent Nos. 7,429,117 (terminated from investigation); 7,510,290 (terminated from investigation); 7,972,022 (the ‘022 patent); 7,318,652 (the ‘652 patent); and 6,948,823 (the ‘823 patent).

According to the ID, ALJ Essex determined that there has been a violation of Section 337 by the Respondents in this investigation with respect to claims 1, 57, 58, and 60 of the ‘022 patent; claims 1, 2, 5, 16, 18, 19, 25, and 27 of the ‘652 patent; and claim 19 of the ‘823 patent.  ALJ Essex also determined that no violation of Section 337 occurred by the Respondents with respect to claims 17 and 28 of the ‘823 patent.  See our September 13, 2012 post for more details.

According to the November 13, 2012 notice, the Commission has determined to review the ID in part.  Specifically, the Commission has determined to review the following issues: (1) claim construction of the preamble of the asserted claims; (2) claim construction of “an integrated power source”; (3) findings of infringement; (4) findings of obviousness and anticipation; and (5) findings on the technical prong of domestic industry.  Further, the Commission determined not to review the remainder of the ID.

The notice also requests briefing on the issues of remedy, public interest, and bonding.

Written submissions are due by November 28, 2012, with reply submissions due by December 5, 2012.