Commission Order Remanding After Appellate Decision
On July 27, 2009, the Commission Ordered that Inv. No. 337-TA-556, In the Matter of Certain High-Brightness Light Emitting Diodes and Products Containing Same, be remanded to Chief ALJ Luckern for proceedings consistent with the May 22, 2009 judgment of the Federal Circuit in Epistar Corp. v. United States Int’l Trade Comm’n, 566 F.3d 1321 (Fed. Cir. 2009), including issuance of a final initial determination on violation and a recommended determination on remedy and bonding. The investigation was appealed to the Federal Circuit after the Commission found infringement and issued a limited exclusion order. The Federal Circuit vacated the limited exclusion order and vacated and remanded the Commission’s final determination. (PDF)