On September 29, 2015, the International Trade Commission ("the Commission") issued a notice determining to terminate the investigation, finding no Section 337 violation in Certain Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910).
By way of background, this investigation is based on a January 28, 2014 complaint filed by Cresta Technology Corp. ("Cresta") alleging violation of Section 337 in the importation into the U.S. and sale of certain television sets, television receivers, television tuners, and components thereof that infringe one or more claims of various U.S. Patents. See our January 30, 2014 and March 24, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
According to the Initial Determination ("ID"), Cresta failed to satisfy the economic prong of the domestic industry requirement for both asserted patents, a subset of the claims were found to be infringed, and a subset of the claims were found to be invalid. As such, the ID found no violation of Section 337. See our May 20, 2015 post for more details.
The Commission determined to review the ID in part with regard to specific issues. According to the Notice, after examining the record, the ID, the petitions for review, and the briefing in response to the notice of review, the Commission has determined to terminate the investigation with a finding of no violation of Section 337.
Specifically, the Commission affirmed the ID's findings of invalidity because of an on-sale bar and obviousness with regard to certain claims. Further, the Commission affirmed the findings of infringement set forth in the ID. Finally, the Commission found that Cresta met the technical prong of the domestic industry requirement, but failed to meet the economic prong. As such, there was no violation of Section 337.