By John Presper
On December 9, 2013, the International Trade Commission (the “Commission) issued a notice determining to review in part the Initial Determination (“ID”) issued by ALJ Thomas B. Pender in Certain Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof (Inv. No. 337-TA-847).

By way of background, the investigation is based on a complaint filed on behalf of the Nokia Corporation, Nokia, Inc., and Intellisync Corporation alleging violation of Section 337 in the importation and sale of certain electronic devices, including mobile phones and tablet computers, and components thereof that infringe one or more claims of various patents.  See our May 3, 2012 post for more details.  On August 7, 2012, ALJ Pender granted Google, Inc. status as an Intervenor, but denied status as a Respondent.  See our August 10, 2012 post for more details.

In the ID, ALJ Pender found that a violation of Section 337 had occurred with respect to U.S. Patent Nos. 7,415 and 6,393,260, and that the domestic industry requirement was met with regard to those patents.  ALJ Pender also determined that no violation occurred in connection with U.S. Patent No. 5,884,190, and that no domestic industry was established with respect to that patent.  See our November 4, 2013 post for more details.

According to the December 9, 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 the ALJ’s findings on claim construction, infringement, and the technical prong of the domestic industry requirement in relation to U.S. Patent Nos. 7,415 and 6,393,260.  The Commission also determined to review the striking of testimony witness statements of an expert.  No other portions of the ID will be reviewed.

The notice states that the parties are requested to brief five enumerated issues relating to claim construction, infringement, and HTC’s patent exhaustion defense.  The Commission also stated that it is interested in receiving written submissions that address the public interest factors relevant to any potential remedy and bond, and listed four specific public interest issues to be briefed by the parties.

Written submissions are due by December 23, 2013, with reply submissions due by January 6, 2014.