ITC Blog: ITC 337 Update

On March 25, 2011, the Commission gave notice that it will review ALJ Paul J. Luckern’s January 24th final initial determination of no violation in Inv. No. 337-TA-703, Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof. The ALJ had found that none of the accused Apple and RIM products infringes claim 15 of U.S. Pat. No. 6,292,218, and that claim 15 is invalid for obviousness under 35 U.S.C. § 103. The complainant is Eastman Kodak Company of New York. The Commission determined to review the final ID in its entirety, and requested further briefing by the parties regarding five discrete issues.

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Respondents General Protecht Group, Inc. ("Protecht") and Wenzhou Trimone Science & Technology Electric Co., Ltd. ("Trimone") filed a petition with the Commission to rescind in part the limited exclusion order in In the Matter of Certain Ground Fault Circuit Interrupters and Products Containing Same, Inv. No. 337-TA-615.  Protecht and Trimone's request is in response to the Federal Circuit decision in GPG v. ITC, 619 F.3d 1303 (Fed. Cir. Aug. 27, 2010), reh'g denied, (Fed. Cir. Dec. 14, 2010), mandate issued (Fed. Cir. Dec. 21, 2010) reversing the ITC's finding of infringement.  

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On November 22, 2010, the Commission issued a Notice of its intent to review a portion of the final initial determination issued by the ALJ finding a violation of section 337 in Inv. No. 337-TA-690, In the Matter of Certain Printing and Imaging Devices and Components Thereof.

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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.

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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.

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