On July 7, 2014, ALJ David P. Shaw issued the public version of a notice of the Initial Determination (“ID”) in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).
By way of background, this investigation was instituted on June 12, 2013 and is based on a May 13, 2013 complaint filed by Black Hills Media, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain digital media devices that infringe one or more claims of U.S. Patent Nos. 8,028,323; 8,214,873 (the ‘873 patent); 8,230,099; 8,045,952 (the ‘952 patent); 8,050,652 (the ‘652 patent) and 6,618,593 (the ‘593 patent). See our May 16, 2013 and June 20, 2013 posts for more details on the complaint and the notice of investigation, respectively.
According to the notice, ALJ Shaw determined that no violation of Section 337 has been found in this investigation. Specifically, ALJ Shaw determined that (i) the accused Samsung, LG, and Toshiba products do not infringe the asserted patents; (ii) the domestic industry requirement has not been satisfied with respect to any asserted patent; (iii) the asserted claims of the ‘873 patent are invalid under 35 U.S.C. § 112, ¶ 1; (iv) the asserted claims of the ‘593 patent are invalid in view of the prior art; and (v) the asserted claims of the ‘952 and ‘652 patents are not invalid.
The notice issued by ALJ Shaw released only limited information. We will provide additional information once the public version of the ID issues in its entirety.