Digest of LSI Corp. v. ITC, No. 2014-1410 (Fed. Cir. Mar. 20, 2015) (nonprecedential). On appeal from the ITC. Before Taranto, Mayer, and Hughes.

Procedural Posture: LSI appealed from an order of the ITC, which rejected LSI’s allegation that Funai and Realtek violated 19 U.S.C. § 1337 by importing WiFi chips or chip-containing products that allegedly infringed two of LSI’s patents, U.S. Patent Nos. 6,452,958 (“the ’958 patent”) and 6,707,867 (“the ’867 patent”). CAFC affirmed.

  • Domestic Industry: CAFC rejected LSI’s argument that the Commission acted arbitrarily and capriciously by retroactively applying a purportedly “brand new legal standard” announced by the Commission in its January 2014 decision to an evidentiary record produced in early 2013 because an earlier CAFC decision provided ample notice of the domestic-industry requirement at a time when LSI had an opportunity to present evidence necessary to meet that requirement.
  • Denial of Vacatur: The Commission did not abuse its discretion in declining to vacate the ALJ’s finding that the accused products did not infringe the expired ’867 patent because the Commission’s decision was not unreasonable.