By Eric SchweibenzFurther to our January 24, 2013 post, on February 5, 2013, ALJ Thomas B. Pender issued Order No. 28 in Certain Electronic Digital Media Devices and Components Thereof (Inv. No. 337-TA-796).
By way of background, ALJ Pender determined that a violation of Section 337 has occurred in this investigation by Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) by reason of infringement of certain valid claims of U.S. Patent Nos. D618,678, 7,479,949, RE 41,922 (the ‘922 patent), and 7,912,501 (the ‘501 patent). See our October 26, 2012 and January 22, 2013 posts for more details on the initial determination (“ID”) in this investigation. On January 23, 2013, the Commission determined to review ALJ Pender’s October 24, 2012 initial determination (“ID”) which found no violation of Section 337. Further, the Commission issued an order remanding the investigation back to ALJ Pender.
According to Order No. 28, ALJ Pender extended the target date in this investigation by about six months to August 1, 2013, making the remand initial determination due no later than April 1, 2013. According to the Order, ALJ Pender noted that “[o]ther than the letters already filed by the parties discussing the remand, no further briefing by the parties shall be permitted.”