ITC Rules In Favor Of Linear Tech; Prohibits Advanced Analogic Tech From Importing 69 Voltage Regulator Products Into US
Linear Technology Corp. announced that the judge issued a consent order against Advanced Analogic Technologies, Inc. (AATI) in Linear’s enforcement proceeding at the U.S. International Trade Commission (ITC). The ITC previously found that AATI violated Section 337 of the Tariff Act by importing voltage regulator chips that infringe claims 2, 3, and 34 of Linear’s U.S. Patent No. 6,580, 258 (’258 patent).
These patent claims protect Linear’s "sleep mode" invention, comprising circuitry that significantly extends battery life for a wide range of portable electronic devices by allowing the device to "sleep" when little power is needed. Specifically, the ITC determined that AATI’s infringing products include AAT1143, AAT1123, AAT1125, AAT1126, AAT2500, AAT2506, AAT2510, AAT2511, and AAT2512. The Commission then issued an exclusion order barring importation of the named semiconductor products and any other AATI chips that infringe Linear’s patent claims.
Thereafter, Linear and AATI cross-appealed the ITC’s decision and the Court of Appeals for the Federal Circuit issued its opinion on May 21, 2009. The Federal Circuit affirmed the ITC’s decision that the AATI 1143 family of products infringe the Linear patent and that claims 2, 3, and 34 are valid and enforceable. Further, the Federal Circuit determined that the AATI 1146 family (an additional 15 AATI products) also infringe the Linear patent and are subject to the exclusion order. The Federal Circuit also vacated the Commission’s non-infringement finding regarding the three remaining products at issue--the AAT1151, AAT1156, and AAT1265 (now subject to the consent order).
The ITC also instituted, at Linear’s request, an enforcement proceeding (currently scheduled for early 2010) to determine whether AATI has violated the exclusion order. AATI has since agreed to a limited exclusion order which the judge presiding over the enforcement proceeding has entered by a consent order on September 9, 2009. The order forbids AATI from importing, selling for importation, or selling after importation into the United States 69 AATI products.
John England, Linear’s Corporate and Intellectual Property Counsel, stated, "We are gratified that the ITC has issued a consent order excluding more AATI offending products from the US marketplace. We look forward to the continued proceedings before the Commission and resolution of all claims against the remaining AATI voltage regulators accused of infringing our patents."
AATI issued a response, stating that the ITC ruled in favor of a motion proposed jointly by itself and Linear Tech to terminate a portion of the ongoing patent proceedings between the two companies. As part of this ruling, Linear agreed to remove certain of AnalogicTech’s products from consideration by the ITC. In turn, AnalogicTech agreed that it will not seek to import these products in the future. The parties hope that the removal of these products (which, according AATI, are based on an older architecture and represent a non-material portion of the company’s revenue) will streamline the remaining issues between the two companies.
