By Eric Schweibenz
On July 1, 2011, ALJ E. James Gildea issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software (Inv. No. 337-TA-724). 

By way of background, the Complainants in this investigation are S3 Graphics Co., Ltd. and S3 Graphics, Inc. (collectively, “S3G”).  The Respondent is Apple Inc. (“Apple”). 

According to the notice, ALJ Gildea determined that a 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 image processing systems, components thereof, and associated software by reason of infringement of (i) claim 11 of U.S. Patent No. 6,683,978 (the ‘978 patent), and (ii) claims 4 and 16 of U.S. Patent No. 6,658,146 (the ‘146 patent).  

ALJ Gildea also determined that no violation of Section 337 had occurred by Apple by reason of infringement of (i) claims 1 and 6 of U.S. Patent No. 7,043,087 (the ‘087 patent), (ii) claims 7, 12, 15, and 23 of U.S. Patent No. 6,775,417 (the ‘417 patent), (iii) claims 14 and 16 of the ‘978 patent, and (iv) claim 13 of the ‘146 patent.

ALJ Gildea further determined that a domestic industry exists that practices the ‘087 patent, the ‘417 patent, the ‘978 patent, and the ‘146 patent.

The notice issued by ALJ Gildea released only the first four pages of the ID.  We will provide additional information after the public version of the ID issues in its entirety.