By Eric Schweibenz
On April 26, 2013, the International Trade Commission (“the Commission”) issued a notice in Certain Static Random Access Memories and Products Containing Same (Inv. No. 337-TA-792).  In the notice, the Commission determined to review Chief ALJ Charles E. Bullock’s remand initial determination (“RID”) in relation to validity.

By way of background, the Complainant in this matter is Cypress Semiconductor Corporation (“Cypress”) and the remaining Respondents are GSI Technology, Inc., Cisco Systems, Inc., and Avnet, Inc. (collectively, “Respondents”).  The patents at issue in the investigation are U.S. Patent Nos. 6,651,134 (the ‘134 patent); 6,262,937 (the ‘937 patent); 7,142,477 (the ‘477 patent); and 6,534,805 (the ‘805 patent).  See our July 26, 2011 post for more information about this investigation.

In his October 25, 2012 Initial Determination (“ID”), ALJ Bullock determined that the Respondents’ accused products do not infringe any of the four patents.  The ALJ also determined that Cypress failed to meet the technical prong of the domestic industry requirement for any of the four patents.  In light of these findings, the ALJ declined to make any findings regarding validity or enforcement of the patents in the interests of judicial economy.  See our December 21, 2012 post for additional details. 

After the case was remanded, ALJ Bullock issued a RID finding that the asserted patents are enforceable and not invalid.  See our December 28, 2012 post discussing the remand and our March 20, 2013 post for details on the RID opinion. 

According to the notice, the Commission has determined to review the RID with respect to validity.  The Commission declined to request additional briefing.