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1" He MM" °f Investigation No. 337-TA-753

The U.S. International Trade Commission has terminated an investigation into alleged patent infringement by several semiconductor chip manufacturers and their customers with a finding of no violation. The Commission affirmed that most patent claims were invalid, except for some claims where infringement was not found. It also reversed the determination that the patents demonstrated a domestic industry and affirmed other rulings such as unenforceability.

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394 views

1" He MM" °f Investigation No. 337-TA-753

The U.S. International Trade Commission has terminated an investigation into alleged patent infringement by several semiconductor chip manufacturers and their customers with a finding of no violation. The Commission affirmed that most patent claims were invalid, except for some claims where infringement was not found. It also reversed the determination that the patents demonstrated a domestic industry and affirmed other rulings such as unenforceability.

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sabatino123
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C.

1 he MM" f CERTAIN SEMICONDUCTOR CHIPS AND PRODUCTS CONTAINING SAME

Investigation No. 337-TA-753

NOTICE OF COMMISSION DETERMINATION TERMINATING THE INVESTIGATION WITH A FINDING OF NO VIOLATION OF SECTION 337
AGENCY: U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned investigation with a nding of no violation of section 337 ofthe TariffAct of 1930, 19 U.S.C. 1337.

FOR FURTHER INFORMATION CONTACT: SidneyA. Rosenzweig, Ofce of the General


Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 708-2532. Copies of non-condential documents led in connection with this investigation are or will be available for inspection during ofcial business hours (8:45 am. to 5:15 pm.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis. usilc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commissions TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on January 4, 2011, based on a complaint led by Rambus Inc. of Sunnyvale, California (Rambus), alleging a violation of section 337 in the importation, sale for importation, and sale Withinthe United States after importation of certain semiconductor chips and products containing the same. 76 Fed. Reg. 384 (Jan. 4, 2011). The complaint alleged the infringement of various claims of patents including U.S. Patent Nos. 6,470,405; 6,591,353; 7,287,109 (collectively, the Barth patents); and Nos. 7,602,857; and 7,715,494 (collectively, the Dally patents). The Barth patents share a common specication, as do the Dally patents. The notice of investigation named as respondents Freescale Semiconductor of Austin, Texas (Freescale); Broadcom Corp. of

Irvine, California (Broadcom); LS1 Corporation of Milpitas, California (LS1); Mediatck Inc. of Hsin-Chu, Taiwan (l\/Iediatek);NVIDIA Corp. of Santa Clara, California (NVIDIA); STMicroelectronics N.V. of Geneva, Switzerland; and STMicroelectronies Inc. of Carrollton, Texas (collectively, STMicro), as well as approximately twenty customers of one or more of these respondents.

The investigation has since been terminated against many of the respondents on the basis of Rambuss settlements with Broadcom, Freescale, MediaTek, and NVIDIA.
LSI and STMicro are the only two manufacturer respondents remaining. With them as respondents are their customers Asustek Computer, Inc. and Asus Computer International, Inc.; Cisco Systems, Inc; Gannin International lnc.; HewlettPackard Company; Hitachi Global Storage Technologies; and Seagate Technology. p
On March 2, 2012, the ALJ issued the nal ID. The ID found no violation of section 337 for several reasons. All of the asserted claims were found to be invalid or obvious in view of the prior art under 35 U.S.C. 102 or 103. The Barth patents were found to be unenforceable under the doctrine of unclean hands by virtue of Rambuss destruction ofdocuments. The ID also found that Rambus had exhausted its rights under the Barth patents as to certain products of one respondent. The ID found that all of the asserted patent claims were infringed, and rejected numerous affirmative defenses raised by the respondents.

On March 19, 2012, Rambus, the respondents and the Commission investigative attomey (IA) each led a petition for review of the ID. On March 27, 2012, these parties each led a response to the others petitions.
On May 3, 2012, the Commission determined to review the ID in its entirety. 77 Fed. Reg. 27,249 (May 9, 2012). The notice of review asked the parties to brief certain questions.

Having examined the record of this investigation, including the ALJs final ID, the petitions for review and the responses thereto, and the brieng in response to the notice of review, the Commission has determined to terminate the investigation with a nding of no violation of section
337.

The Commission has determined to nd no violation of section 337 for the following reasons: We afrm the ALJs conclusion that all of the asserted patent claims are invalid under 35 U.S.C. 102 or 103, except for the asserted Dally multiple-transmitter claims C857 claims 11-13, 32-34, 50-52), for which we nd that Rambus has not demonstrated infringement. We reverse the ALJ s determination that Rarnbus has demonstrated the existence of a domestic industry under 19 U.S.C. 1337(a) for both the Barth patents and Dally patents. We affirm the ALJs determination that the Barth patents are unenforceable under the doctrine of unclean hands. We afrm the ALJs nding of exhaustion of the Barth patents as to one respondent. The Con1missions determinations, including nondispositive ndings not recited above, will be set forth more fully in
the Commissions opinion.
2

The authority for the Commissioxfs determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.21, 210.42-46 and 210.50 ofthe Com1'nissionsRules of Practice and Procedure (19 C.F.R. 210.21, 210.42~46 and 210.50).

By order of the Commission

2
Lisa R. Barton Acting Secretary to the Commission
03

Issued: July 25, 2012

CERTAIN SEMICONDUCTOR CHIPS AND PRODUCTS CONTAINING SAME

Inv. N0. 337-TA-753

PUBLIC CERTIFICATE OF SERVICE


I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand upon, the Commission Investigative Attorney, Daniel L. Girdwood, Esq., and the following parties as indicated on July 25, 2012.

Lisa R. Barton, Acting Secretary U.S. International Trade Commission 500 E Street, SW, Room U2
A Washington, DC 20436

On Behalf of Complainant Rambus Ine.:


Christine E. Lehman, Esq.

FINNEGAN, HENDERSON, FARABOW GARRETT & DUNNER LLP


901 New York Avenue, NW Washington, DC 20001-4413

) Via Hand Delivery ) Via Overnight Delivery ia First Class Mail

) Other:__________

On Behalf of Respondents MediaTek,'Inc.. Cisco Svstems, Inc...Oppo Digital. Inc. and Audio Partnership PLC:
Thomas D. Pease, Esq.

QUINN EMANUEL URQUHART & SULLIVAN LLP Sl Madison Ave., 22' Floor New York, NY 20010

) Via Hand Delivery ( ) Via Overnight Delivery ( _/YVia First Class Mail. ( ) Other:

On Behalf of Respondents Asustek Computer, Ine.. Asus . Computer International. Inc. and Hewlett-Packard Companv;
Andrew R. Kopsidas, Esq.

FISH & RICHARDSON P.C.


1425 K Street, NW, 11*Floor

( ) Via Hand Delivery ( ia Overnight Delivery


( Vi/ViaFirst Class Mail

Washington, DC 20005

( )Other:__i__~

On Behalf of Respondents LSI Corporation and Seagate Technology:


Jonathan D. Link, Esq.

KILPARTRICKrowssnnn
607 14"Street, NW, Suite 900 Washington, DC 20005

& STOCKTON LLP


_

) Via Hand Delivery ) Via Overnight Delivery 1/I/ First Class Mail Via

)Other:_ii_

CERTAIN SEMICONDUCTOR CHIPS AND PRODUCTS CONTAINING SAME


Certicate of Service Page 2

Inv. N0. 337-TA-753

On Behalf of Respondents STMicr0electr0nics NV and STMicr0elech'onics Inc.:


Eric C. Rusnak, Esq.

K&L GATES LLP


1601 K Street, NW Washington, DC 20006

) Via Hand Delivery ) Via Overnight Delivery L)/Via First Class Mail ) Other:

On Behalf of Respondent Hitachi Global Storage Technologies:


Alexander J. Hadjis, Esq.

MORRISON & FOERSTER LLP


2000 Pennsylvania Avenue, NW Washington, DC 20006-1888

) Via Hand Delivery ) Via Ovemight Delivery


e)@iaFirst Class Mail ) Other:

On Behalf of Respondent Garmin International Inc.:


Louis S. Mastriani, Esq.

ADDUCI, MASTRIANI & SCHAUMBERG LLP


1133 Connecticut Avenue, 12*Floor Washington, DC 20036

( ( ( (

) Via Hand Delivery ) Va Overnight Delivery L)/Q First Class Mail ) Other:

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