On May 29, 2009, ALJ Robert K. Rogers, Jr. issued the public versions of Order No. 28 (dated April 30, 2009) and Order No. 34 (dated May 6, 2009) in Certain Semiconductor Integrated Circuits and Products Containing Same (Inv. No. 337-TA-665).  In Order No. 28, ALJ Rogers denied respondent LSI Corp.’s (“LSI”) motion for summary determination that it does not infringe the asserted claims of complainant Qimonda AG’s (“Qimonda”) U.S. Patent No. 5,213,670 (the “‘670 patent”).  In Order No. 34, ALJ Rogers granted-in-part and denied-in-part LSI’s motion for summary determination that it does not infringe the asserted claims of Qimonda’s U.S. Patent No. 6,103,456 (the “‘456 patent”).  The public versions of the orders are heavily redacted.

LSI filed both motions for summary determination on April 8, 2009.  Qimonda filed oppositions on April 20, 2009.  The Commission Investigative Staff filed responses opposing the motion for summary determination of non-infringement of the ‘670 patent but supporting the motion for summary determination of non-infringement of the ‘456 patent on April 20, 2009.

ALJ Rogers denied the motion for summary determination of non-infringement of the ‘670 patent, finding that “there are disputed issues of material facts that preclude the requested summary determination.”  With respect to the motion for summary determination of non-infringement of the ‘456 patent, ALJ Rogers granted summary determination that certain processes performed by LSI do not infringe claims 1-11 and 14-16, but otherwise denied the motion.