On April 27, 2009, the U.S. International Trade Commission issued a Notice determining to review the February 26, 2009 Initial Determination (“ID”) issued by Administrative Law Judge Theodore R. Essex in Certain Refrigerators and Components Thereof (Inv. No. 337-TA-632).

The investigation was instituted on February 21, 2008, based on the complaint of Whirlpool Corp., Whirlpool Manufacturing Corp., Whirlpool Patent Corp., and Maytag Corp. (collectively “Whirlpool”).  The respondents are LG Electronics Corp., Inc., LG Electronics, USA, Inc., and LG Electronics Monterrey, Mexico S.A. de C.V. (collectively “LG”).

As indicated in our April 10 post, on February 26, 2009, ALJ Essex issued his ID, finding no violation of section 337.  On March 11, 2009, the private parties each filed petitions for review of the ID, and they and the Commission Investigative Staff each filed responses shortly thereafter.

After examining the ID, the petitions for review, and the responses thereto, the Commission decided to review the ID in its entirety and request briefing by the parties on the issue of claim construction.  In addition, the Notice requests that the parties address eight questions of particular interest to the Commission.

The parties’ briefs to the Commission are due by May 8, 2009, with reply submissions due by May 15, 2009.