By Eric Schweibenz
On October 17, 2013, the International Trade Commission (the “Commission”) issued a notice determining to review in its entirety the Initial Determination (“ID”) issued by ALJ David P. Shaw on July 18, 2013 finding a violation of Section 337 in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837). 

By way of background, the investigation is based on a March 2, 2012 complaint filed by LSI Corporation and its subsidiary Agere Systems Inc. (collectively, “Complainants”) alleging violation of Section 337 with regard to certain audiovisual components and products containing the same including, certain digital televisions, Blu-ray disc players, home theater systems, DVD players and/or recorders that infringe one or more claims of U.S. Patent Nos. 5,870,087 (the ‘087 patent), 6,982,663 (the ‘663 patent), 6,452,958 (the ‘958 patent), and 6,707,867 (the ‘867 patent).  See our April 13, 2012 post for more details on the investigation.  On March 7, 2013, the ALJ granted a motion to terminate the investigation as to certain claims of those patents.  As of the date of the ID, the remaining respondents in the investigation were Funai Electric Company, Ltd., Funai Corporation, Inc., P&F USA, Inc., and Funai Service Corporation (collectively, “Funai”) and Realtek Semiconductor Corporation (“Realtek”).

In the ID, ALJ Shaw found a violation of Section 337 had occurred with respect to claims 1, 5, 7-11, and 16 of the ‘087 Patent but that no violation had occurred with respect to the remaining asserted claims of the ‘663, ‘958, and ‘867 Patents.  See our September 16, 2013 post for more details.

According to the October 17 notice, the parties filed petitions for review of the ID.

After examining the relevant portions of the record of the investigation, including the ID and the parties’ submissions, the Commission determined to review the final ID in its entirety.  The notice states that the parties are requested to brief twelve specifically enumerated issues.  The Commission stated that other issues are adequately presented in the parties’ existing filings.  The Commission is also interested in receiving written submissions on remedy, the public interest, and bonding, and noted specific questions that may be relevant in this regard related to the patents that have been declared standard essential and the licensing of these patents.

Written submissions are due by November 1, 2013, with reply submissions due by November 11, 2013.