On June 3, 2014, the International Trade Commission (“the Commission”) issued a notice in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872). In the notice, the Commission determined that no violation of Section 337 has occurred in this matter and terminated the investigation.
By way of background, the investigation is based on a complaint filed by Andrzej Bobel and Neptun Light, Inc. (collectively, “Neptun”) alleging violation of Section 337 in the importation into the U.S. and sale of certain compact fluorescent reflector lamps (“reflector CFLs”), and products and components containing same, that infringe claims 1, 2, 10, and 11 of U.S. Patent No. 7,053,540 (the ‘540 patent). See our January 30, 2013 and March 1, 2013 posts for more details on Neptun’s complaint and the Notice of Investigation, respectively.
On February 3, 2014, ALJ Shaw determined that Respondents importation and sale of certain reflector CFLs infringed asserted claims 1, 2, 10, and 11. See our March 14, 2014 post for more details on the public version of the ID. On April 8, 2014, the Commission issued a notice determining to review several of ALJ Shaw’s findings. See our April 10, 2014 post for more details on the notice.
According to the June 3, 2014 notice, the Commission determined that Neptun has not proven a violation of Section 337. Specifically, the Commission determined “to reject the ALJ’s construction of ‘mating opening,’ and to reverse the ALJ’s findings of infringement.” The Commission also took no position on whether Neptun satisfied the economic prong of the domestic industry requirement. The Commission further noted that “[a]ll other findings in the ID that are consistent with the Commission’s determinations are affirmed.” Lastly, the Commission noted that an opinion will issue shortly.