In the Matter of Certain Personal Computers, Server Computers, and Components Thereof; Notice of Commission Decision To Remand-in-Part and Vacate-in-Part an Initial Determination Finding a Violation of Section 337 of the Tariff Act of 1930; Referral of Motion to Administrative Law Judge

Samenvatting

Notice is hereby given that the U.S. International Trade Commission has determined to reverse the presiding administrative law judge ("ALJ") findings in the above-captioned investigation of literal infringement with respect to the asserted claims of U.S. Patent No. 6,138,184 ("the `184 patent") and U.S. Patent No. 5,892,976 ("the `976 patent") and to remand the investigation to the ALJ for a determination of whether claims 7, 24, and 41 of the `184 patent and claim 9 of the `976 patent are infringed under the doctrine of equivalents, and whether a domestic industry exists as to those patents. The Commission has also determined to vacate that portion of the ID which concerns infringement of claim 1 of U.S. Patent No. 6,085,318 ("the `318 patent") under the doctrine of equivalents. The Commission has determined to affirm the remainder of the ID. Finally, the Commission has directed the ALJ to set a new target date in the investigation and to rule on a motion filed on October 27, 2005, by respondent concerning a recently discovered license agreement related to the patents at issue in this investigation.