In the Matter of Certain Flash Memory Controllers, Drivers, Memory Cards, and Media Players and Products Containing Same. Investigation No. 337-TA-619

摘要

On April 10,2009, the ALJ issued his final ID in this investigation, finding no violation of section 337 by Respondents with respect to any of the asserted claims. Specifically, the ALJ found that the accused products do not infringe the asserted claims of the 424 patent. The ALJ also found that none of the references properly before him anticipated the asserted claims or rendered the asserted claims of the 424 patent obvious. The ALJ further found the Respondents not liable for contributory or induced infringement of the asserted claims of the 424 patent. Likewise, the ALJ found that SanDisk failed to prove that Imation, the sole respondent accused of infringing the 011 patent, induced or contributed to infringement of the patent. The ALl also found that SanDisk's rights in the 011 patent were not exhausted and that claim 8 of the 011 patent satisfied the indefiniteness requirement of 35 U.S.C. Section 112, second paragraph. The ALJ further found claim 8 of the 011 patent invalid for obviousness. The ALJ concluded that an industry exists within the United States with respect to SanDisk's products that practice the 424 and 011 patents, as required by 19 U.S.C. Section 1337(a)(2) and (3).