On April 10, 2009, ALJ Charles E. Bullock issued a Notice regarding his Initial Determination in Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same (Inv. No. 337-TA-619). 

According to the notice, ALJ Bullock held that no violation of Section 337 had occurred in the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain flash memory controllers, drives, memory cards, and media players and products containing same, in connection with claims 17, 24, and 30 of U.S. Patent No. 6,763,424 (the ‘424 patent) and claim 8 of U.S. Patent No. 7,137,011 (the ‘011 patent).  The notice further indicated that the Complainant satisfied the domestic industry requirement for both the ‘424 and ‘011 patents.

ALJ Bullock found in his initial determination that Respondents Phison, SMI and Skymedi’s accused products do not infringe claims 17, 24, or 30 of the ‘424 patent, but that those claims are not invalid.  He further found that Respondent Imation’s accused products do not infringe claim 8 of the ‘011 patent, and that the claim was invalid for obviousness.  ALJ Bullock also concluded that neither of the asserted patents were invalid or unenforceable based on patent misuse, patent exhaustion, licensing, or prosecution laches. 

The notice issued by ALJ Bullock released only pages 1 and 162 of the Initial Determination.  We will provide additional information once the public version is issued in its entirety.