In the Matter of Certain Integrated Circuit Chips and Products Containing the Same (Inv. No. 337-TA-859)

The U.S. International Trade Commission (ITC) upheld an administrative law judge's determination that Taiwan-based complainant Realtek Semiconductor Corp. failed to meet the domestic industry requirement in its patent infringement suit against respondents LSI Corp. and Seagate Technology LLC. Realtek lodged a complaint with the ITC in September 2012 alleging that LSI and Seagate had been importing and selling computer products made with Wi-Fi chips that infringed on Realtek patents.

An Analysis Group team, led by Managing Principal Carla Mulhern and Manager F. Michael Nolan, was retained by counsel on behalf of respondents to analyze Realtek's claims with respect to the economic prong of the domestic industry requirement. Ms. Mulhern submitted an expert report and provided testimony at deposition, as well as at the evidentiary hearing.

Judge Dee Lord ruled in March 2014 that Realtek did not satisfy the economic prong of the domestic industry requirement and could not seek an exclusion order from the ITC. Upon its review of the decision, the ITC upheld Judge Lord's findings that, although LSI and Seagate had shipped chips to the United States that infringed on patent claims, there was no proven domestic industry for Realtek's patents and that several of the infringed claims were anticipated by other chips or were obvious.

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