On July 21, 2014, the Commission issued a Notice To Affirm In Part, Reverse In Part And Vacate In Part The Final Initial Determination Finding No Violation in Certain Integrated Circuit Chips And Products Containing The Same, Inv. No. 337-TA-859.  The Commission affirmed in part Judge Dee Lord’s March 21, 2014 final Initial Determination finding no violation, including Judge Lord’s finding that no domestic industry exists under 19 U.S.C. 1337(a)(3)(C) based on research and development despite determining that claims 1-10 of the asserted ‘928 patent were infringed by accused chips made with bond pad structures, and at least claim 10 was valid and infringed.    Prior to rendering its decision, the Commission issued a Notice on May 29, 2014 (79 Fed. Reg. 30878-80) including seventeen questions to the parties, including inquiring:  (i) how Complainant Realtek’s research and development in the United States involves or relates to articles protected by the asserted patent, citing Microsoft Corp. v. ITC, 731 F.3d 1354, 1362 (Fed. Circ. 2013); and (ii) requesting identification of each investment in the United States in exploitation of the asserted patent and explaining why the investments, as a whole, are substantial.  Another issue in the investigation raised by Respondents LSI and Seagate was that Realtek failed to present evidence that its alleged domestic industry activities are ongoing, and therefore, Realtek is not entitled to a remedy, and if a limited exclusion order were to issue, a quarterly reporting requirement would be appropriate to ensure that a domestic industry continues to exist in the future.  A public version of the Commission’s Opinion has not yet been released.