By Eric Schweibenz
On March 9, 2010, ALJ Carl C. Charneski issued the public version of the Recommended Determination on Remedy and Bonding (“RD”) (dated December 23, 2009) in Certain Mobile Telephones and Wireless Communications Devices Featuring Digital Cameras, and Components Thereof (Inv. No. 337-TA-663).

By way of background, on December 17, 2009, ALJ Charneski determined that there was a violation of Section 337 in connection with the importation into the United States, the sale for importation, or the sale within the United States after importation, of certain Samsung mobile telephones or wireless communication devices featuring digital cameras, or components thereof, that infringe certain claims of U.S. Patent Nos. 5,493,335 and 6,292,218.  See our December 21, 2009 post for more details.

In the RD, ALJ Charneski recommended that the Commission enter a limited exclusion order against the infringing Samsung products.  Further ALJ Charneski determined that “[c]ontrary to respondents’ arguments, Samsung mobile telephones are not downstream products” since they were “expressly named in the notice of investigation.”  According to the RD, ALJ Charneski also recommended that the Commission issue a cease and desist order.  Regarding the amount of bond to be required of respondents during the Presidential review period, the exact amount recommended by ALJ Charneski was redacted from the public version.