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ITC to Review Finding of No Patent Infringement by Portable Electronic Devices

Thursday, December 22, 2011
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission will review in part the final initial determination by the presiding administrative law judge that the importation, sale for importation and sale within the U.S. after importation of certain portable electronic devices and related software produced by Apple Inc. are not violating the patents indicated. The ITC is requesting that Apple and the petitioner, HTC, brief it on their positions concerning a number of specific questions.

In addition, the ITC is requesting public comments on the following issues.

Remedy. In connection with the final disposition of this investigation the ITC may issue an order that could result in the exclusion of the subject articles from entry into the U.S. and/or one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. The ITC is therefore interested in receiving written submissions that address the form of remedy, if any, that should be ordered.

Public Interest. The ITC must consider the effect that an exclusion order and/or cease and desist orders would have on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers. Written submissions that address these factors in the context of this investigation are therefore of interest.

Bonding. If the ITC orders some form of remedy the U.S. trade representative (as delegated by the president) has 60 days to approve or disapprove it. During this period the subject articles would be entitled to enter the U.S. under bond in an amount determined by the ITC. Comments are therefore sought on the amount of the bond that should be imposed if a remedy is ordered.

Written submissions and proposed remedial orders must be filed no later than close of business Dec. 30. Reply submissions are due no later than close of business Jan. 6, 2012.

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