By Eric Schweibenz
On December 21, 2012, the International Trade Commission (“Commission”) issued a notice of its determination not to review the Initial Determination (“ID”) of Chief ALJ Charles E. Bullock finding no violation of Section 337 in Certain Computer Forensic Devices and Products Containing Same (Inv. No. 337-TA-799).

By way of background, the Complainant in this investigation is MyKey Technology Inc. (“MyKey”) and the remaining Respondents are CRU Acquisitions Group LLC d/b/a CRU Data-Port LLC, Guidance Software, Inc., Guidance Tableau LLC, and Digital Intelligence, Inc.  MyKey filed a complaint on July 22, 2011 alleging violation of Section 337 in the importation and sale of certain computer forensic devices and products containing same that infringe one or more claims of U.S. Patent Nos. 6,813,682; 7,159,086 and 7,228,379.  See our August 26, 2011 post for more details.

An evidentiary hearing was held from August 6 to August 10, 2012.  On October 26, 2012, ALJ Bullock issued a notice of his ID finding no violation of Section 337.  As stated in our October 31, 2012 post, the ALJ determined there is no violation of Section 337 with respect to the ‘682 and ‘379 patents. 

According to the Commission’s notice, ALJ Bullock in the ID found that MyKey failed to satisfy the economic prong of the domestic industry requirement.  The Commission determined not to review the ID “based upon the extraordinary factual situation and the parties’ failure to file petitions for review.”  Accordingly, the investigation was terminated.