By Eric Schweibenz
On November 25, 2013, the International Trade Commission (the “Commission”) issued a notice determining to review in part the Initial Determination (“ID”) issued by ALJ E. James Gildea on September 6, 2013 finding no violation of Section 337 in Certain Wireless Consumer Electronics Devices and Components Thereof (Inv. No. 337-TA-853).

By way of background, this investigation is based on a July 24, 2012 complaint filed by Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation (collectively, “Complainants”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wireless consumer electronics devices and components thereof that infringe one or more claims of U.S. Patent No. 5,809,336 (the ‘336 patent).  See our July 26, 2012 and August 24, 2012 posts for more details on the complaint and notice of investigation, respectively.

In the ID, ALJ Gildea found that no violation of Section 337 had occurred.  ALJ Gildea further determined that a domestic industry exists that practices the ‘336 patent.  See our November 5, 2013 post for more details.

According to the November 25, 2013 notice, the parties filed petitions for review of the ID.

After examining the relevant portions of the record of the investigation, including the ID and the parties’ submissions, the Commission determined to review-in-part the ID.  The Commission has determined to review the ID’s findings concerning claim construction and infringement of claims 6 and 13 of the ‘336 patent for all accused products, except for the accused products listed on page eighty-eight of the ID.  The Commission also determined to review the ID’s findings of domestic industry.  The notice states that the parties are requested to brief four specifically enumerated issues.  The Commission stated that the parties’ existing filings adequately present the other issues.

Written submissions are due by December 23, 2013, with reply submissions due by December 30, 2013.