By Eric Schweibenz
On November 19, 2012, the International Trade Commission (the “Commission”) issued the public version of a notice in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794).  In the notice, the Commission determined to review ALJ E. James Gildea’s September 14, 2012 initial determination (“ID”) which found no violation of Section 337.

By way of background, the investigation is based on a complaint filed by Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC alleging violation of Section 337 by Respondent Apple Inc. (“Apple”) in the importation and sale of certain electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers that infringe one or more claims of certain U.S. patents.  See our August 1, 2011 post for more details.

According to the September 14, 2012 notice regarding the ID, ALJ Gildea determined that there has been no violation of Section 337 by Apple in this investigation with respect to claims 75-76 and 82-84 of U.S. Patent No. 7,706,348 (the ‘348 patent); claims 9-16 of  U.S. Patent No. 7,486,644 (the ‘644 patent); claims 5, 9-10, and 13 of U.S. Patent No. 6,771,980 (the ‘980 patent); and claims 1-5 of U.S. Patent No. 7,450,114 (the ‘114 patent).  ALJ Gildea also determined that a domestic industry does not exist that practices the ‘348, ‘644, ‘980 and ‘114 patents.  

According to the November 19, 2012 notice, the Commission has determined to review the “ALJ’s determination of no violation in its entirety.”  Specifically, the Commission encouraged the parties to brief their positions on several questions listed in the notice.  The notice also requests briefing on remedy, the public interest, and bonding.

Written submissions are due by December 3, 2012, with reply submissions due by December 10, 2012.