By Eric Schweibenz
On August 18, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 5 in Certain High-Brightness Light-Emitting Diodes and Products Containing Same (Inv. No. 337-TA-556).  In the Order, ALJ Rogers granted Complainant Philips Lumileds Lighting Company, LLC’s (“Philips Lumileds”) motion to withdraw its complaint and terminate the investigation in its entirety.

By way of background, on May 24, 2009, the Federal Circuit vacated the Commission’s limited exclusion order and remanded the case to the Commission to allow Respondent Epistar Corp. (“Epistar”) to challenge the validity of U.S. Patent No. 5,008,718 (the “‘718 patent”).  See our May 26, July 28, and July 29 posts for more information.  According to the Order, the ‘718 patent will expire on December 18, 2009, and “Philips Lumileds has been advised that it will not be able to complete the entire remand proceeding prior to the expiration of the ‘718 patent.”  Accordingly, Philips Lumileds moved for termination of the investigation while noting “that it does not waive any rights in its currently-pending lawsuit against Epistar in the United States District Court for the Northern District of California.”

ALJ Rogers granted Philips Lumileds’ motion finding that “termination of the investigation is in the public interest, as public and private resources will be conserved.”