On August 28, 2009, ALJ Theodore R. Essex issued a notice regarding his Final Initial and Recommended Determinations (“ID”) in Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-630).

The Complainant in this investigation is Tessera, Inc. and the Respondents are Acer, Inc., Acer America Corporation, Nanya Technology Corporation, Nanya Technology Corporation U.S.A., Powerchip Semiconductor Corporation, Elpida Memory, Inc., Elpida Memory (USA) Inc., ProMOS Technologies, Inc., Kingston Technology Co., Ltd., Ramaxel Technology Ltd., Centon Electronics, Inc., Smart Modular Technologies, Inc., TwinMOS Technologies Inc., and TwinMOS Technologies USA Inc.

According to the notice, ALJ Essex held that no violation of Section 337 had occurred in connection with the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain semiconductor chips with minimized chip package size and products containing same.  In particular, according to the conclusions of law included in the notice, ALJ Essex determined inter alia that: (1) the asserted claims of the ‘106, ‘977, and ‘627 patent were not literally infringed by the accused products; (2) the asserted claims of the ‘106 patent were not infringed under the doctrine of equivalents; (3) the asserted claims of the ‘106, ‘977, and ‘627 patents were not invalid as anticipated or obvious; and (4) the asserted claims of the ‘106, ‘977, and ‘627 patents satisfy the definiteness requirement of 35 U.S.C. § 112 ¶ 2.  ALJ Essex also found that the importation requirement of Section 337 is satisfied and that a domestic industry for all of the asserted patents exists.

The notice issued by ALJ Essex released only the introduction and conclusions of law sections of the ID.  We will provide additional information once the public version of the ID is issued in its entirety.