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Published opinion

Before LOURIE, RADER, and BRYSON, Circuit Judges.

Solomon Technologies, Inc., filed a complaint with the International Trade Commission under section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337(a)(1)(B), alleging that Toyota Motor Corporation and its affiliates imported and sold hybrid vehicles that infringed U.S. Patent No. 5,067,932 (the ’932 patent). Following an investigation, the presiding administrative law judge found no violation of section 337. The administrative law judge based that ruling on his determinations that (1) the accused devices do not infringe the ’932 patent, (2) the ’932 patent is invalid for lack of enablement, and (3) the domestic industry requirement was not established. The Commission reviewed in part the administrative law judge’s initial determination and took no position on the administrative law judge’s findings concerning the economic prong of the statutory domestic industry requirement. In all other respects, the Commission declined to review the administrative law judge’s initial determination. The administrative law judge’s initial determination therefore became the final determination of the Commission with respect to the administrative law judge’s rulings on infringement, invalidity, and the technical prong of the domestic industry requirement. Accordingly, the Commission terminated the investigation with a finding of no violation of section 337 and refused to enter an order excluding Toyota’s products. On Solomon’s appeal, we affirm the Commission’s final determination on the basis of noninfringement.

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