International Trade Commission January 4, 2006 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 6, 2005, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of InterVideo Digital Technology Corporation of Taiwan. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain personal computer/consumer electronic convergent devices, components thereof, and products containing same by reason of infringement of claims 1-10 of U.S. Patent No. 6,765,788 (``the '788 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent limited exclusion order and cease and desist orders. On November 15, 2004, a petition for ex parte reexamination of the '788 patent was filed by Daniel R. McClure. Complaint, ] 58, p. 14, Exh. 19. On February 9, 2005, the U.S. Patent and Trademark Office (``PTO'') granted the petition and on November 30, 2005, the PTO issued a First Office Action rejecting all ten claims of the '788 patent. Complaint, ] 58, p. 14, Exh. 19. In view of the foregoing reexamination proceedings, which could result in disallowance or amendment of the asserted claims, the Commission is ordering the presiding Administrative Law Judge to issue an initial determination (``ID'') concerning whether the investigation should be stayed pending the completion of the reexamination of the '788 patent.