By Eric Schweibenz
On February 15, 2013, the International Trade Commission (the “Commission”) issued a notice in Certain Wiper Blades (Inv. No. 337-TA-816).

By way of background, Chief ALJ Charles E. Bullock issued Order No. 63 granting Respondents Corea Autoparts Producing Corporation, CAP America, and PIAA Corporation USA’s (collectively, “CAP”) motion for summary determination of non-infringement of all asserted claims of U.S. Patent No. 6,675,434 for the accused CAP wiper blades.

According to the Notice, the Commission determined to review Order No. 63 because the disputed claim term relied on by ALJ Bullock in making his determination was legally erroneous.  ALJ Bullock had construed disputed claim term “pointing toward the other end portion is disposed on each of the two end portions of the support element” as “projecting beyond the support element such that it can point towards the other end of the support element.”  The Commission held that ALJ Bullock’s construction erroneously included a “projecting” limitation from the preferred embodiments.  The Commission made no determination of non-infringement based on its claim construction; instead, the Commission remanded the investigation back to ALJ Bullock for a non-infringement determination in light of the new claim construction.