On September 13, 2012, the International Trade Commission (the “Commission”) issued a corrected notice in Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions (Inv. No. 337-TA-786).  In the notice, the Commission determined to review ALJ Robert K. Rogers, Jr.’s July 12, 2012 Initial Determination on Violation (“ID”), affirm the ultimate finding of no violation, and terminate the investigation.

By way of background, the investigation is based on a complaint filed by Complainant Freescale Semiconductor, Inc. (“Freescale”) alleging violation of Section 337 in the importation into the U.S., sale for importation, and/or sale within the U.S. after importation of certain integrated circuits, integrated circuit chipsets, and products containing the same, including televisions, that infringe one or more claims of U.S. Patent No. 5,467,455.  See our December 2, 2011 post for more details on Freescale’s complaint.  The remaining respondents in this investigation are MediaTek Inc. and Zoran Corp.  On July 12, 2012, ALJ Rogers issued his final ID, finding no violation of Section 337 with respect to U.S. Patent No. 5,467,455 (the ‘455 patent).  More specifically, ALJ Rogers found that an industry does not exist in the U.S. that exploits the ‘455 patent.  ALJ Rogers also found claims 9 and 10 of the ‘455 patent to be invalid under 35 U.S.C. § 103.  See our July 16, 2012 post for more details.

According to the September 13 notice, the Commission determined:

to review, and on review, reverse[ ] the ALJ’s finding that Japanese Patent Application JP H05-83113-A to Kuboki (“Kuboki”) discloses the limitation “[a] data processor within an integrated circuit package comprising:…a plurality of bus termination circuits” of claim 9 of the ‘455 patent.  The Commission has also determined to review, and on review, affirms with modification the ID’s finding that Kuboki in combination with the knowledge of one of ordinary skill in the art renders obvious claims 9 and 10 of the ‘455 patent.  The Commission has further determined to review the ID’s finding that the Kuboki reference in combination with U.S. Patent No. 5,479,123 to Gist (“Gist”) renders obvious claims 9 and 10, and on review, finds that the Kuboki reference in combination with Gist and the knowledge of one of ordinary skill in the art renders obvious claims 9 and 10 of the ‘455 patent.  The Commission has also determined to review the ID’s finding that Freescale failed to establish the existence of a domestic industry based on its licensing activities, and on review, affirm the ID’s finding with modification.  The Commission has further determined to review the ID’s finding that Freescale has failed to show that the Accused Zoran Hybrid Termination Circuits infringe claims 9 and 10 of the ‘455 patent and on review, affirms the ID’s finding with modification.

Lastly, the Commission noted that it determined not to review the remaining issues decided in the ID and will issue its opinion in the near future.