Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits ...

PUBLIC VERSION
Judge finds that Respondents MPS, ASUS, and Microsemi have submitted to the personal
jurisdiction of the Commission and that the Commission has in rem jurisdiction over the accused
MPS Products, ASUS Products, and Microsemi Products. Certain Cloisonne Jewelry, Inv. No.
337-TA-195, Initial Determination at 40-43 (U.S.LT.C., March, 1985) (unreviewed).
Section 337 declares to be unlawful "[t]he importation into the United States, the sale for
importation, or the sale within the United States after importation by the owner, importer, or
consignee, of articles" that infringe a valid and enforceable United States patent if an industry
relating to the articles protected by the patent exists or is in the process of being established in
the United States. See 19 U.S.C. §§ 1337(a)(1)(B)(i) and (a)(2). Pursuant to Section 337, the
Commission shall investigate alleged violations of the Section and hear and decide actions
involving those alleged violations.
With respect to the '382 patent, the importation or sale requirement of Section 337
establishing subject matter jurisdiction as to Respondent ASUSTeK Computer Inc. has already
been established. (Order No. 31 at 9. See also CFF ILA.I-24 (undisputed); SFF 53
(undisputed).) Furthermore, Respondents MPS, ASUS Computer International, and Microsemi
do not dispute that the importation requirement of Section 337 has been met. (RBf. at 10; SFF
54 (undisputed); CFF ILB.I-26 (undisputed); CFF II.C.I-6 (undisputed); CFF II.C.9-19
(undisputed); CFF ILC.21-44 (undisputed); CFF ILD.I-6 (undisputed); CFF II.D.l6-18
(undisputed in relevant part); CFF II.D.22 (undisputed in relevant part).)
Thus, the Administrative Law Judge finds that Respondents MPS, ASUS, and Microsemi
sell for importation, import, or sell after importation into the United States, articles that are
accused in this Investigation. The importation or sale requirement of Section 337 is satisfied.
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