On August 18, 2009, the International Trade Commission issued an Order granting the private parties’ petitions for reconsideration in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-629).  In connection with this Order, the Commission also issued a revised notice and limited exclusion order and a revised opinion in view of the parties’ petitions for reconsideration.  Please note that Oblon Spivak represents Respondent MEMS Technology Berhad (“MemsTech”) in this matter.

In the Order, the Commission explained that both Complainant Knowles Electronics, LLC (“Knowles”) and MemsTech filed petitions for reconsideration on June 26, 2009.  Specifically, both Knowles and MemsTech requested that the Commission remove any reference in the opinion, notice, and limited exclusion order to claim 10 of the asserted ‘089 patent since the Commission had already determined that such claim was invalid.  Further, Knowles requested that the Commission reconsider certain wording in its June 12, 2009 opinion stating that MemsTech’s “chamber chip” products are not covered by the limited exclusion order.  MemsTech asked the Commission to strike the language “and products containing the same” from the limited exclusion order.  According to the Order, the Commission Investigative Staff opposed Knowles’ petition for reconsideration.

Regarding Knowles’ request, the Commission removed certain language contained in its June 12, 2009 opinion and issued a revised opinion that added a sentence concerning MemsTech’s “chamber chip” products.  With respect to MemsTech’s petition, the Commission removed all instances of the wording “and products containing the same” from the limited exclusion order.  Finally, the Commission agreed to remove all references in the opinion, notice, and exclusion order to claim 10 of the asserted ‘089 patent.

For further information regarding this investigation, please see our February 19, March 16, June 15, and July 21 posts.