Commission Issues Notice of No Violation In Encapsulated Circuit Device Investigation
The Commission issued notice today of its final determination that no violation of section 337 occurred in Inv. No. 337-TA-501, Certain Encapsulated Circuit Devices and Products Containing Same, and terminated the investigation. This investigation, which has been active for almost seven years, was instituted based on a complaint by Amkor Technology, Inc., and named as respondents Carsem, Inc., Carsem (M) Sdn Bhd, and Carsem Semiconductor Sdn Bhd as respondents.
The investigation was delayed due to a three and a half year effort by the Commission to enforce a subpoena against a third party, ASAT, Inc., which the respondents claimed was critical to their defenses. This investigation has also been the subject of three remands from the Commission -- one resulting from a change in the ALJ's claim construction, one for the purpose of considering the documents and information obtained from the subpoena, and one reversing the ALJ's initial determination that certain inventions of a third party were not prior art. The combined result of these three remands were initial determinations that all of the patents asserted were either invalid or not infringed by Carsem's products. The Commission has now decided not to review ALJ Bullock's second supplemental determination that various claims of patents asserted by complainant Amkor Technologies were invalid as anticipated and obvious in light of third party ASAT, Inc.'s prior art.
