Commission Requests Further Briefing on Patent Exhaustion in Inv. No. 661
On June 22, 2010. the Secretary to the Commissioner issued a Request for Further Briefing on the Issue of Patent Exhaustion in Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same, Inv. No. 337-TA-661. The Commission had previously requested briefing on May 26, 2010 on the impact of a license to the patents by Complainant to a third-party. The parties in the briefing did not discuss or cite Fujifilm Corp. v. Benum, an opinion issued by the Federal Circuit on May 27, 2010. The Commission has allowed additional briefing to discuss the relevance and effect of that case.