Some El Reg authors need to do a bit more fact checking
The ALJ conducted an evidentiary hearing from June 1-9, 2009 .. Prior to the hearing, Qimonda tacitly withdrew three of the asserted patents: the '055 patent, the '240 patent, and the '456 patent. Qimonda did not present evidence regarding those patents at the hearing, and did not include any analysis of those patents in its post-hearing briefing.
On October 14, 2009, the ALJ issued his final ID. The ID formally withdrew the '055 patent, the '240 patent, and the '456 patent from the investigation. The ALJ found that based on his claim constructions, Qimonda had not demonstrated that it practices any of the patents in suit. Accordingly, the ALJ ruled that an industry does not exist in the United States that exploits any of the four remaining asserted patents, as required by 19 U.S.C. § 1337(a)(2). The ALJ ruled that certain LSI products infringe certain claims of the' 918 patent, but that no accused products infringe any of the other asserted patents. The ALJ ruled that all of the asserted claims of the '918 patent, and some of the asserted claims of the '434 patent, are invalid under 35 U.S.C. § 102, but that the asserted claims of the' 670 and '899 patents are not invalid.
So Realtech fired the scattergun, but their shells were filled with rock salt, not actual pellets.
And really, it didn't take that much digging for me to find the actual document.