Commission Issues Opinion on Remedy, Interest and Bonding
On March 11, 2010, the Commission issued the public version of its February 12, 2010 notice of its final determination affirming the presiding ALJ Essex’s finding that no violation of section 337 occurred in the importation into the United States, sale for importation, and sale within the United States after importation of certain refrigerators and components thereof by reason of infringement of U.S. Patent No. 6,082,130. The Commission reversed the ALJ’s finding of non-infringement, finding that the accused side-by-side models of respondent LG infringe claims 1, 2, 4, 6 and 9 of the ‘130 patent. The Commission affirms the remainder of the ALJ Essex’s findings, including that the accused products do not infringe claim 8 of the ‘130 patent, that claims 1, 2, 4, 6, and 9 of the ‘130 patent are invalid for obviousness, and that a domestic industry exists. The investigation is Inv. No. 337-TA-632, In the Matter of Certain Refrigerators. (PDF)