By Eric Schweibenz
On September 2, 2011, the International Trade Commission (the “Commission”) issued a notice determining to review an Initial Determination (“ID”) issued by ALJ E. James Gildea on July 1, 2011 finding a violation of Section 337 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”) and the Respondent is Apple Inc. (“Apple”).  In the ID, ALJ Gildea determined that a violation Section 337 had occurred by Apple through its infringement of certain claims of U.S. Patent Nos. 6,683,978 and 6,658,146.  The ID further found that a patent exhaustion defense relieved Apple of liability for some of its infringing products, but not others.  Additionally, the ID found no violation of Section 337 with respect to U.S. Patent Nos. 7,043,087 and 6,775,417 because the asserted claims of those patents are invalid.  See our July 6, 2011 post for more details.

According to the September 2 notice, S3G, Apple, and the Commission Investigative Staff (“OUII”) filed petitions for review of the ID on July 18, 2011.  S3G, Apple, and OUII each filed responses to the petitions for review on July 26, 2011.

After examining the record of the investigation, including the ID and the parties’ submissions, the Commission determined to review the ID in its entirety.

The notice states that the parties are requested to submit briefing on the issues under review and on remedy, the public interest, and bonding.  The notice further states that the Commission is particularly interested in briefing on thirteen specific issues listed in the notice.

Written submissions are due by September 16, 2011, with reply submissions due by September 23, 2011.