By Eric Schweibenz
On February 15, 2013, the International Trade Commission (the “Commission”) issued a notice and terminated the investigation in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781).

By way of background, ALJ David P. Shaw found that Respondents Intel Corporation, Componentes Intel de Costa Rica S.A., Intel Malaysia Sdn. Bhd, Intel Products (Chengdu) Ltd., Intel Products (Shanghai) Ltd., Apple Inc., and Hewlett-Packard Company did not violate Section 337 by reason of infringement of the asserted claims of U.S. Patent Nos. 8,023,241 (the ‘241 patent); 7,916,444 (the ‘444 patent); and 7,609,500 (the ‘500 patent).  ALJ Shaw also determined that claims 20 and 28–31 of the ‘241 patent and claims 29, 31, 33, and 36 of the ‘444 patent are invalid.  Further, ALJ Shaw found that Complainant X2Y Attenuators, LLC (“X2Y”) satisfied the domestic industry requirement with respect to all of the patents-in-suit.  See our January 25, 2013 post for more details.

According to the February 15, 2013 Notice, the Commission determined to review certain claim construction issues raised in X2Y’s petition for review.  The Commission reversed ALJ Shaw’s finding of indefiniteness as to the term “portion” and afforded the term its ordinary meaning.  Further, the Commission determined to review and reverse ALJ Shaw’s finding that all of the asserted patent claims have a “capacitance” requirement.  Based upon these changes to claim construction, the Commission decided not to review ALJ Shaw’s non-infringement finding.  Lastly,  the Commission determined to review and vacate, without reaching the merits, ALJ Shaw’s finding that “X2Y demonstrate[d] the existence of a domestic industry under section 337(a)(3)(C) through the engineering, research and development activities and investments of X2Y’s licensee.”  The Commission determined not to review the remainder of the ID.  Accordingly, the Commission terminated the investigation with a finding of no violation.