On March 24, 2011, ALJ Charles E. Bullock issued the public version of Order No. 40 (dated March 15, 2011) in Certain Portable Electronic Devices and Related Software (Inv. No. 337-TA-721).

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

In the Order, ALJ Bullock granted HTC’s motion for summary determination that it satisfies the economic prong of the domestic industry requirement under 19 U.S.C. § 1337(a)(3).  According to the Order, Apple submitted a notice of nonopposition, wherein Apple stated that it “will not submit a response to the motion or further challenge the economic prong of HTC’s domestic industry in this Investigation.”  Additionally, the Commission Investigative Staff filed its response in support of HTC’s motion.

According to the Order, HTC’s arguments in support of its motion for summary determination focused on five products, namely the T-Mobile G1, the HTC Hero, the HTC Droid Eris, the HTC Incredible, and the HTC Evo 4G.  Although largely redacted in the public version of the Order, HTC pointed to various domestic activities, employees, and financial investments relating to these products.  Accordingly, ALJ Bullock determined that “the activities of HTC satisfy the economic prong of the domestic industry requirement.”