By Eric Schweibenz
On October 26, 2017, ALJ Dee Lord issued a notice of the Initial Determination (“ID”) in Certain Audio Processing Hardware and Software, and Products Containing the Same (Inv. No. 337-TA-1026).

By way of background, this investigation is based on a September 19, 2016 complaint filed by Andrea Electronics Corporation alleging violation by Apple Inc., Samsung Electronics Co. Ltd., and Samsung Electronics America, Inc. of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain audio processing hardware, software, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,049,607; 6,363,345; and 6,377,607. See our September 21, 2016 and October 21, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to the notice, ALJ Lord determined, inter alia, that:
there is no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain audio processing hardware, software, and products containing the same by reason of infringement of U.S. Patent No. 6,363,345 ("the '345 patent").