ITC rules in favor of Jones Day clients Belkin, Inc. and Belkin International, Inc.
February 2008
On February 8, 2008, the United States International Trade Commission issued its Notice in In the Matter of Certain Switches and Products Containing Same (Investigation No. 337-TA-589) advising that the Commission had determined that there was no violation of 19 U.S.C. §337, and that it was terminating the Investigation.
ATEN International Co., Ltd. and ATEN Technology, Inc. had initiated the Investigation on December 2006, contending that Jones Day clients Belkin, Inc., Belkin International, Inc., and others were infringing U.S. Patent No. 7,035,112 by importing and selling within the U.S. products known as "KVM switches" (with KVM standing for Keyboard, Video display, and Mouse). In operation, KVM switches allow multiple computers to be controlled from a single keyboard, video display, and mouse, rather than having a separate keyboard screen and mouse for each computer.
ATEN was seeking to exclude Belkin and others from importing their accused KVM switches into the United States. Because all of Belkin's accused switches are manufactured overseas, Belkin was faced with being forced out of the large and growing U.S. market for these products if ATEN prevailed.
The Commission's Notice indicated that the Commission had determined that none of the accused Belkin products infringed the '112 patent, and that, in the alternative, if the broader construction of the '112 patent urged by ATEN was adopted, the patent would be invalid for anticipation and obviousness. In so doing, the Commission adopted the positions urged by Jones Day on Belkin's behalf with respect to dispositive issues.
The Commission was reviewing the November 7, 2007 Initial Determination by Administration Law Judge Judge Charneski of the International Trade Commission, who presided over the Final Hearing in July 2007 (just eight months after the Investigation was initiated), which had also ruled in favor of Belkin. ATEN had sought review of the ALJ's Initial Determination by the Commission.