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In its ongoing pursuit of blank CD patent infringement before the...

In its ongoing pursuit of blank CD patent infringement before the U.S. International Trade Commission (ITC), Philips said it will ask the ITC to review and reverse a Nov. 5 decision by an administrative law judge that challenged the…

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company’s right to sue as agent for a patent-pool of CD-R developers. Last year, Philips filed patent infringement charges with the ITC against 17 blank CD vendors from Hong Kong and Taiwan that it alleged were not licensed by the Philips/Sony/Taiyo Yuden patent pool, and which had not been paying royalties to the group. Philips called the judge’s ruling “erroneous” and said “there are valid and persuasive legal arguments” to reverse it. “Numerous patent license programs of the type in this ITC case, in which one or more companies offer a license under a collection of patents that are complimentary and necessarily used in the manufacture of a product, have been previously reviewed and approved by the Anti-Trust Division of the U.S. Justice Department as being pro-competitive,” Philips said. The ITC is scheduled to resolve the case in Feb.