On May 7, 2013, ALJ David P. Shaw issued the public version of Order No. 71 (dated March 5, 2013) granting Complainants LSI Corporation and Agere Systems LLC’s (collectively, “Complainants”) motion for summary determination that the importation requirements of Section 337 have been met in Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837).
According to the Order, Complainants alleged that over 200 accused “downstream products” of Respondents Funai Corporation, Inc., Funai Electric Co., Ltd., P&F USA, Inc., Funai Service Corporation (collectively, “Funai”) and seven accused “upstream products” of Respondent Realtek Semiconductor Corporation (“Realtek”) satisfied the importation requirements of Section 337(a)(1)(B). Because none of the Funai products listed in Complainants’ statement of facts supporting the motion were identified in the parties’ joint statement of accused products (a joint filing required by the procedural schedule that indicates the final extent of Complainants’ accusations in the investigation), ALJ Shaw denied the motion for summary determination as to these products.
Regarding the seven Realtek products at issue in the motion, the ALJ found that only five were identified in the parties’ joint statement of accused products, and denied the motion as to the other two products. Of those five products, Realtek did not oppose a finding that some of them have been imported into the U.S., but for at least one of those products argued that Complainants did not cite any evidence that it has in fact been imported. ALJ Shaw agreed with Realtek as to that product. Accordingly, Complainants’ motion was granted-in-part.