Commission Issues Notice to Review Initial Determination and Request Briefing
The Commission determined to review the final Initial Determination and set a procedural schedule for briefing on the issues under review as well as for briefing on remedy, public interest and bonding in Inv. No. 337-TA-687, In the Matter of Certain Video Displays, Components Thereof, and Products Containing Same. The Commission determined to review the Initial Determination ("ID") in part, including: (1) the ID's finding that the record evidence shows, clearly and convincingly, that claims 4, 6, and 7 of U.S. Patent No. 5,537,612 are invalid as anticipated or obvious; and (2) the ID's findings and conclusions with respect to independent claim 5 of the 7,154,564 patent, in particular whether the record evidence shows that claim 5 is infringed. The Commission also requested written submissions regarding the form of remedy, if any, that should be ordered, whether the public interest factors support a remedy, and the amount of any bond to be imposed. All written submissions should be received no later than December 3, 2010 and reply submissions should be received no later than December 10, 2010.