Two Parties Terminated And Third Party Moves For Termination In DC-DC Controller Investigation
On August 5, 2010 Chief ALJ Luckern issued an initial determination granting uPI Semiconductor (uPI) and Sapphire Technology Ltd.'s (Sapphire) opposed motion to terminate the investigation via consent order in Inv. No. 337-TA-698, Certain DC-DC Controllers and Products Containing the Same. In its proposed consent order stipulations uPI and Sapphire, while not admitting to infringement, agreed not to import any DC-DC controllers or products containing the same which infringe the patents asserted by complainants Richtek Technology Corporation and Richtek USA, Inc. Chief ALJ Luckern went on to hold that there is no "customary language" required for consent orders and dismissed Richtek's arguments that the motion to terminate should be denied for failing to include such language.
On the same day, Richtek and respondent VisionTek Products LLC (VisionTek) filed a joint motion to terminate the investigation as to VisionTek based on a settlement agreement. The public version of the settlement agreement, executed August 5, 2010, includes a covenant that Richtek will not "assert any cause of action, claim or demand against VisionTek under any of the [patents and trade secrets in suit] for infringement or misappropriation based on the [importation, sale for importation, and sale, or offer for sale, after importation into the United States] any of the Authorized Products." The definition of 'authorized products' was redacted in the public copy.
