By Eric Schweibenz
On July 15, 2011, ALJ Carl C. Charneski issued a notice regarding the Initial Determination (“ID”) in Certain Personal Data and Mobile Communications Devices and Related Software (Inv. No. 337-TA-710).

By way of background, the Complainants in this investigation are Apple Inc. and NeXT Software, Inc. (collectively “Apple”).  The Respondents are High Tech Computer Corp., HTC America Inc., and Exedia, Inc. (collectively, “HTC”).  The patents-at-issue are: U.S. Patent Nos. 5,481,721 (the ‘721 patent), 6,275,983 (the ‘983 patent), 6,343,263 (the ‘263 patent), and 5,946,647 (the ‘647 patent).  

In the notice, ALJ Charneski found that there is a violation of Section 337.  Specifically, ALJ Charneski determined, inter alia, that (i) “Respondents’ accused products infringe asserted claims 1, 2, 24, and 29 of the ‘263 patent and asserted claims 1, 8, 15, and 19 of [the] ‘647 patent,” (ii) “[i]t has not been shown by clear and convincing evidence that any asserted claim of the ‘263, ‘647, ‘983, and the ‘721 patents is invalid,” and (iii) “[t]he domestic industry requirement is satisfied with respect to the ‘263 and the ‘647 patents.”

We will provide additional information after the public version of the ID issues in its entirety.