By Eric Schweibenz and Kate Cappaert
On August 29, 2014, ALJ E. James Gildea issued a notice of the Initial Determination ("ID") in Certain Consumer Electronics With Display and Processing Capabilities (Inv. No. 337-TA-884).

By way of background, the Commission instituted this investigation based on a complaint filed by Graphics Properties Holdings, Inc. alleging a violation of Section 337 by Respondents Toshiba America, Inc., Toshiba Corp., and Toshiba America Information Systems in the importation into the U.S., sale of importation into the U.S., or sale after importation into the U.S. of certain consumer electronics with display and processing capabilities that infringe one or more claims of U.S. Patent Nos. 6,650,327 (the '327 patent), 8,144,158 (the '158 patent), and 5,717,881 (the '881 patent) (collectively, "the Asserted Patents").  See our May 21, 2013 and June 24, 2013 posts for more details on the complaint and Notice of Investigation, respectively.

According to the notice, ALJ Gildea found a violation of Section 337 by Toshiba Corp. and Toshiba America Information Systems with respect to the '327 and '158 patents but no violation of Section 337 by these two companies with respect to the '881 patent. ALJ Gildea found that there was no violation by Toshiba America, Inc. with respect to any of the Asserted Patents.  Lastly, ALJ Gildea also determined that a domestic industry exists that practices the '327 and '158 patents.

The notice of ID issued by ALJ Gildea released only limited information.  We will provide additional information after the public version of the ID is issued.