Jan
30
ITC Win for Microsoft over Alcatel-Lucent
Posted by Dirk Avery at 1:24 pm under Patent.
On Monday, ALJ Luckern filed his Determinations (download public version here) in the ITC investigation of Microsoft’s patent infringement complaint against Paris-based Alcatel-Lucent. Judge Luckern found ITC jurisdiction, claims 1 and 28 of Microsoft’s ‘439 patent valid, that, relative to those claims, Alcatel’s OmniPCX Enterprise system directly infringes, and that Alcatel contributorily infringed and induced others to infringe. Luckern’s determinations will become the ITC’s determinations unless within 45 days the Commission orders a review or changes the effective date.
International Trade Commission (ITC) investigations (called “section 337 investigations” because of their statutory source, 19 USC ยง 1337) are similar to patent litigation in federal court. (Trademark infringement, unfair competition and antitrust complaints may also be asserted.) However, the primary remedy available to complainants is an exclusion order directing Customs to prevent importation of infringing products into the US. Also, even though trial proceedings are held (before an Administrative Law Judge (ALJ)) during an investigation, the entire process is highly expedited. According to the ITC, most investigations are completed within 12 to 15 months. Microsoft’s complaint against Alcatel was filed Feb. 16, 2007 and Luckern’s Final Initial Determination was filed just shy of a year later on Jan. 28, 2008.
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