Commission Issues Limited Exclusion Order and Cease & Desist Order in Inv. No. 337-TA-661
The Commission has issued a limited exclusion order and cease and desist order against the respondents in Inv. No. 337-TA-661, Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers And Products Containing Same. On January 22, 2010, ALJ Essex found that the respondents violated Section 337 by infringing three of the five remaining patents asserted by complainant Rambus, Inc. (U.S. Patent Nos. 6,470,405; 6,591,353; 7,287,109; 7,117,998; and 7,210,016). The Commission determined to review three issues: the obviousness and anticipation rulings on the '016 and '998 patents; the obviousness-type double patenting ruling on the '405, '353 and '109 patents; and the obviousness analysis of the '405, '353 and '109 patents. The Commission later asked for briefing on the issue of patent exhaustion. After review, the ALJ's ruling of a violation by infringement of the '405, '353, and '109 patents was affirmed.
Commission has issued a limited exclusion order and cease and desist order against the respondents, and set bond at 2.65% of the value of the products entering the country during the 60-day Presidential review period. The opinion itself is still unavailable to the public.
