ID on Violation of Section 337 and Recommended Determination on Remedy and Bond
On March 29, 2010, ALJ Essex issued the public version of his March 12, 2010 initial determination in Inv. No. 337-TA-669, In the Matter of Certain Optoelectronic Devices, Components Thereof, and Products Containing the Same. ALJ Essex determined that a violation of section 337 occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain optoelectronic devices, components thereof and products containing the same that infringe one or more of claims 1, 2, 3 and 5 of U.S. Patent No. 5,359,447. ALJ Essex determined that no violation of section 337 occurred with respect to claim 6 of U.S. Patent No. 5,359,447 and claim 8 of U.S. Patent No. 5,761,229. ALJ Essex issued his recommended determination that a limited exclusion order be issued for accused products that infringe claims 1, 2, and 3 of the ‘447 paten and that the Commission may also issue a cease and desist letter against respondent Emcor Corporation and a bond set at 3%, the reasonable royalty rate of the entered value of the accused products during the Presidential review period. (PDF)
