On August 19, 2016, ALJ David P. Shaw issued a notice regarding the Final Initial Determination (“ID”) in Certain Portable Electronic Devices and Components Thereof (Inv. No. 337-TA-994).

By way of background, this investigation is based on a March 24, 2016 complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California alleging violation of Section 337 in the importation into the U.S. and sale of certain portable electronic devices and components thereof that infringe one or more claims of U.S. Patent No. 6,928,433. See our March 24, 2016 post for more details on the complaint. Additionally, the Notice of Investigation ordered, inter alia, that the ALJ hold “an early evidentiary hearing, find facts, and issue an early decision, as to whether the asserted claims of the ’433 patent recite patent-eligible subject matter under 35 U.S.C. § 101.” See our May 11, 2016 post for more details on the Notice of Investigation.

According to the August 19, 2016 notice, ALJ Shaw determined that the asserted claims of the ’433 patent do not recite patent-eligible subject matter under 35 U.S.C. § 101.

We will issue a follow-up post after we complete our review of ALJ Shaw’s ID.