On April 22, the Commission issued a final determination of no violation in Inv. No. 337-TA-692, Certain Ceramic Capacitors and Products Containing Same, and terminated the investigation. The Commission's final determination resulted from a February 23 determination to review ALJ Gildea's December 22, 2009 initial determination finding no violation of Section 337 by Respondents Samsung Electro-Mechanics Co., Ltd. and Samsung Electro-Mechanics, Inc. with respect to U.S. Patent No. 6,266,229. The Commission did not review the ALJ's determination that there was no violation of the remaining two patents, U.S. Patent Nos. 6,014,309 and 6,243,254.
In its final determination, the Commission reversed the ALJ's finding that the '229 patent was not obvious over the asserted prior art, and found that the applicant admitted prior art did constitute prior art against the '229 patent. A public version of the Commission's determination will be published shortly.