ITC Partially Rescinds Limited Exclusion Order on Certain Microphone Packages
The International Trade Commission has determined to rescind in part the limited exclusion order issued in its patent-based investigation of certain silicon microphone packages and products containing the same (337-TA-720) against respondent MEMS Technology Berhad.
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(In June 2009, the ITC issued a limited exclusion order, pursuant to a complaint filed by Knowles Electronics LLC, which prohibited the unlicensed entry into the U.S. of MemsTech silicon microphone packages that infringe claims 1 and 2 of Patent No. 6,781,231 and claims 1, 2, 9, 10, 15, 17, 20, 28, and 29 of Patent No. 7,242,089.)
Separate Investigation Revealed Knowles Patent Claims Were Invalid
In December 2009, the ITC instituted a patent-based investigation (337-TA-695) in response to a different complaint filed by Knowles against respondent Analog Devices Inc. This complaint alleged a violation based on the infringement of certain claims in the '231 and '089 patents. However, in November 2010, the administrative law judge (ALJ) found that all the asserted patent claims were invalid based on prior art not previously considered in Investigation 337-TA-695. In January 2011, ITC issued a final determination that certain of the claims for the '231 and '089 patents are invalid.
On August 9, 2011, respondent MemsTech petitioned the ITC to rescind all directives in the ITC's June 2009 exclusion order that are based on certain claims in the '231 and '089 patent because the ITC determined those claims are invalid in Investigation 337-TA-695.
ITC Says Invalidations Changed Circumstances, Justify Partial Rescission
The ITC has determined that its invalidity determinations in Investigation 337-TA-695 constitute changed circumstances and justify partial rescission of the June 2009 exclusion order entered in the present investigation. The ITC has determined to rescind the portions of the June 2009 exclusion order that refer to claim 1 of the '231 patent and claims 1, 2, 17, and 20 of the '089 patent. All other provisions of the June 2009 exclusion order remain in effect.
(See ITT's Online Archives 09061750 for summary of the ITC issuing the 2009 limited exclusion order on certain silicon microphone packages against MemsTech.
See ITT's Online Archives 11061721 for the CAFC affirming the ITC's exclusion order barring MemsTech from importing infringing products into the U.S.
See ITT's Online Archives 11012651 for summary of the ITC finding no violation of patents based on the patent-based investigation of these products against Analog Devices.)
ITC Contact -- Clark Cheney (202) 205-2661
(FR Pub 11/03/11, Inv. No. 337-TA-720)