By Eric Schweibenz
On January 14, 2013, the International Trade Commission (“Commission”) issued a notice rescinding the limited exclusion order (“LEO”) previously issued and directed towards Respondents High Tech Computer Corp., HTC America, Inc. and Exedea, Inc. (collectively, “HTC”) in Certain Personal Data and Mobile Communications Devices and Related Software (Inv. No. 337-TA-710).     

By way of background, the Complainants in this investigation are Apple Inc. and NeXT Software, Inc. (collectively, “Apple”) and the Respondents are HTC.  On July 15, 2011, ALJ Charneski determined that HTC violated Section 337 through its infringement of certain claims of U.S. Patent No. 5,946,647 (the ‘647 patent) and U.S. Patent No. 6,343,263.  See our September 2, 2011 post for more details about the ID.  On December 19, 2011, the Commission determined that HTC violated Section 337 by reason of its importation and sale of articles that infringe certain claims of the ‘647 patent.  Further, the Commission determined that the appropriate remedy is a LEO prohibiting the entry of HTC’s personal data and mobile communications devices and related software into the U.S. that infringe certain claims of the ‘647 patent.  See our January 11, 2012 post for more details about the Commission’s decision.  On June 4, 2012, Apple filed an enforcement complaint alleging that HTC violated the LEO in the underlying investigation.  See our June 6, 2012 post for more details on Apple’s enforcement complaint against HTC.  On December 7, 2012, Apple and HTC filed motions seeking to terminate the enforcement proceeding in light of a settlement agreement and to rescind the exclusion order.  On December 13, 2012, the ALJ granted the motion to terminate the investigation.  See our January 16, 2012 post for more details.

According to the January 14, 2013 notice, the Commission determined to rescind the LEO.  The Commission also determined not to review the ALJ’s ID terminating the enforcement proceeding.