By Eric Schweibenz
On May 28, 2013, the International Trade Commission (“the Commission”) issued a notice in Certain Electronic Digital Media Devices and Components Thereof (Inv. No. 337-TA-796).  In the notice, the Commission determined to review ALJ Thomas B. Pender’s remand initial determination (“Remand ID”) in its entirety, requested briefing from the parties on certain issues under review, and also requested briefing from the public and the parties on the issues of remedy, bond, and the public interest. 

By way of background, the investigation is based on a complaint filed by Apple, Inc. (“Apple”) alleging a violation of Section 337 by Respondents Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC (collectively, “Samsung”) for importation into the U.S. and sale of certain electronic digital media devices.  See our August 2, 2011 post for more details on the Notice of Investigation in this matter.

On October 24, 2012, ALJ Pender issued an Initial Determination (“ID”), which found that Samsung violated Section 337 by infringement of certain valid claims of U.S. Patent Nos. D618,678; 7,479,949 (the ‘949 patent); RE 41,922 (the ‘922 patent); and 7,912,501 (the ‘501 patent).  See our January 22, 2013 post for more details on the public version of the ID.  On January 23, 2013, the Commission issued a notice determining to review the ID in its entirety.  Additionally, the Commission remanded the investigation to ALJ Pender to consider certain issues related to the ‘922 patent and the ‘501 patent.  See our January 24, 2013 post for more details.

On March 26, 2013, ALJ Pender issued the subject Remand ID finding that claims 34 and 35 of the ‘922 patent are infringed by the text-selection feature of Samsung’s accused products and that claim 3 of the ‘501 patent is not infringed.  See our April 8, 2013 post for more details.  Both Apple and Samsung petitioned for review of the Remand ID.

According to the notice, the Commission requested briefing from the parties on the following issues:

In addition, the Commission requested written submissions from the parties, interested government agencies, and any other interested persons on the following issues:

Written submissions are due by June 11, 2013, with reply submissions due by June 19, 2013.

Copyright © 2023 Oblon, McClelland, Maier & Neustadt, L.L.P.