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Friday, January 17, 2014 11:12:58 AM
If they were worried about the effect of '970 ruling from ITC 800 case, then they should have put it on hold like they are doing in this case
The difference, imo, is that in the 800, the ITC determined the 970 to be invalid. None of the power ramp patents (613 or 800) have been determined to be invalid.
While others disagree, I believe that the ITC has withheld a Final infringement decision in the 800 concerning the power ramp and power control patents. This is for similar reason that they have done nothing with the 613 power ramp patents.
Thus far, the 613 patents remain valid, and in the 800 case, the ITC HAS NOT ADJUDICATED VALIDITY. No one has explained to be why the ITC would make a final determination on the 800 investigation's power ramp and power control patents without adjudicating validity. Doesn't make sense imo. In addition, the claim construction modification of these patents do nothing to indicate finality or non-infringement. Actually, the modifications as described in the Notice move AWAY from the ALJ's no infringement determination and leave the final issue of infringement open. jmo
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