ITC to Review ALJ's Finding that uPI Violated Consent Order in DC-DC Controllers Patent Case
The International Trade Commission will review an administrative law judge’s finding that uPI Semiconductor violated a consent order in the ITC’s enforcement proceeding in certain DC-DC controllers and products containing same (337-TA-698). According to the ALJ’s June 8 enforcement initial determination, after issuance of a consent order in August 2010, uPI DC-DC controllers and downstream products containing uPI accused controllers had been imported and/or sold in the U.S. without complainant Richtek’s consent or agreement. The ALJ recommended modifying the consent order to clarify that the order applies (and has always applied) to all uPI affiliates, and imposing a civil penalty of $750,000 against uPI. The ITC will review certain infringement findings, the ALJ’s finding that uPI violated the consent order and, should the ITC consider revoking the consent order and issuing an exclusion order, the effects of that remedy upon the public interest. Written submissions are due by Aug. 23.
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In the event of revocation of the consent order and issuance of an exclusion order, the U.S. Trade Representative has 60 days to approve or disapprove the ITC’s action. During this period, the subject articles would be entitled to enter the U.S. under bond, in an amount determined by the ITC. The ITC is also interested in submissions concerning the amount of bond to be imposed should remedy be ordered.
ITC Contact -- Clint Gerdine (202) 708-2310