On January 12, 2015, Chief ALJ Charles E. Bullock issued the public version of Order No. 16 (dated December 23, 2014) in Certain Vision-based Driver Assistance Systems Cameras and Components Thereof (Inv. No. 337-TA-899).
By way of background, this investigation is based on a September 20, 2013 complaint filed by TRW Automotive U.S. LLC ("TRW") alleging violation of Section 337 by way of importation into the U.S. and sale of certain vision-based driver assistance system cameras that infringe one or more claims of U.S. Patent No. 6,807,287. See our September 24, 2013 and November 8, 2013 posts for more details on TRW's complaint and the Notice of Investigation, respectively.
According to the Order, Respondent Magna Electronics, Inc. ("Magna") moved for a summary determination of non-infringement and no domestic industry (technical prong). TRW opposed Magna's motion. ALJ Bullock held that summary determination is not appropriate because genuine issues of material fact remain. Regarding infringement and domestic industry, ALJ Bullock noted TRW's admission that "it lacks key documentary evidence on those issues, without which it is highly unlikely TRW will be able to adduce evidence of direct infringement or that its domestic industry product practices U.S. Patent No. 6,807,287." Accordingly, ALJ Bullock strongly recommended that TRW "consider alternative means of resolving this Investigation." However, as to the motion for summary determination, ALJ Bullock denied the motion.