By Eric Schweibenz
On April 29, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (Inv. No. 337-TA-714).

By way of background, the Complainant in this investigation is Elan Microelectronics Corporation (“Elan”) and the Respondent is Apple Inc (“Apple”).

According to the notice, ALJ Luckern determined that no violation of Section 337 had occurred by Apple in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain electronic devices with multi-touch enabled touchpads and touchscreens by reason of infringement of U.S. Patent No. 5,825,352 (the ‘352 patent).  In particular, the ALJ found that Elan had failed to show that Apple infringes the asserted claims of the ‘352 patent and that Apple had failed to establish that the asserted claims of the ‘352 patent are invalid.

ALJ Luckern also determined that Elan has not established a domestic industry.

The notice issued by ALJ Luckern released only the title page, the conclusions of law, and the order.  We will provide additional information after the public version of the ID issues in its entirety.