By Eric Schweibenz
On July 22, 2011, the International Trade Commission (the “Commission”) issued a notice determining to review, vacate and remand for further proceedings an initial determination (“ID”) issued by Chief ALJ Paul J. Luckern granting a motion for summary determination on domestic industry issues in Certain Wireless Communication Devices, Portable Music And Data Processing Devices, Computers and Components Thereof (Inv. No. 337-TA-745). 

By way of background, the Complainant in this investigation is Motorola Mobility, Inc. (“MMI”) and the Respondent is Apple Inc. (“Apple”).  The Commission instituted this investigation in November 2010.  See our November 5, 2010 post for more details.  On May 25, 2011, MMI filed a motion for summary determination that its domestic activities, including those of its predecessor Motorola Inc., satisfy the domestic industry requirement.  On June 6, 2011, the Commission Investigative Staff (“OUII”) supported MMI’s motion.  On June 6, 2011, Apple filed a response opposing the motion on the basis that there are genuine issues of material fact regarding whether MMI’s domestic investments satisfy Section 337(a)(3)(C).  On June 22, 2011, ALJ Luckern issued the ID, granting MMI’s summary determination motion that it satisfies the domestic industry requirement based on its licensing industry pursuant to Section 337(a)(3)(C).  On June 29, 2011, Apple filed a petition for review.  On July 7, 2011, MMI and OUII filed responses.

In the July 22 notice, the Commission determined “to review and vacate the ID and to remand to the ALJ the issue of whether MMI has satisfied the domestic industry requirement in keeping with the Commission’s recent decision in Certain Multimedia Display and Navigation Devices and Systems, Components Thereof, and Products Containing Same, Inv. No. 337-TA-694, Comm’n Op. (July 1, 2011).”  The notice also indicates the “Commission’s reasoning is set forth in its confidential Order issued concurrently with this Notice.”  We will provide additional information after the public version of the Commission’s Order issues in its entirety.