On October 19, 2016, the Commission issued a notice instituting an investigation in Certain Silicon-On-Insulator Wafers, Inv. No. 337-TA-1025. The Commission ordered the presiding administrative law judge to hold an early evidentiary hearing pursuant to the 100-day pilot program on whether the Complainant satisfies the economic prong of domestic industry.
In this installment of Section 337 Week in Review, investigations 337-TA-1021 and 337-TA-1022 instituted, and the Commission upheld Judge Shaw’s invalidity ruling in a 100-Day Pilot Program proceeding.
On September 21, 2016, in Certain Portable Electronic Devices and Components Thereof, Inv. No. 994, the Commission determined not to review Judge Shaw’s initial determination (“ID”) that the asserted patent, U.S. Patent Number 6,928,433, is directed to ineligible subject matter under 35 U.S.C. § 101. Judge Shaw’s determination was made pursuant to the Commission’s 100-day pilot program for early determination of case dispositive issues.
In this installment of Section 337 Week in Review, investigations 337-TA-1018, 337-TA-1019, and 337-TA-1020 instituted, the Commission denied a request for entry into the 100-Day Pilot Program, and the Commission issued an advisory opinion in 337-TA-933.
On September 13, 2016, in Certain Industrial Control System Software, Systems Using Same, and Components Thereof, the Commission denied a request by one of three respondents to utilize the Early Disposition 100-Day Pilot Program. The Commission’s order helps define the bounds of the Pilot Program.
Over the past two months, administrative law judges have found asserted claims invalid under Section 101 in three separate investigations. Each of these decisions came relatively early in the case, with one issuing pursuant to the Commission’s 100-Day Pilot Program.