On July 13, 2009, the International Trade Commission issued a notice determining not to review the March 16, 2009 Initial Determination (“ID”) in the matter of Certain Computer Products, Computer Components and Products Containing Same (Inv. No. 337-TA-628).  ALJ Theodore R. Essex issued the public version of the ID on April 14.  See our April 24 post

The Commission instituted the 628 investigation on January 14, 2008 based on a complaint filed by IBM for infringement of three patents -- U.S. Patent Nos. 5,008,829, 5,249,741, and 5,371,852.   The respondents were ASUSTeK Computer, Inc., ASUS Computer International, Pegatron Technology Corp., and Unihan Technology Corp. (collectively, ASUS).

In the ID, ALJ Essex found no violation of Section 337 by ASUS because he found that the accused products did not infringe any of the asserted claims of any of the three patents.  On March 30, 2009, IBM filed a petition seeking review of the ID with respect to the finding of infringement.  On that same day, ASUS filed a contingent petition seeking review of the ID with respect to the finding that the ‘829 and ‘741 patents were not invalid.

After examining the record, the petitions for review, and the responses thereto, the Commission determined not to review the ID and terminated the investigation.