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IPR Enforcement Actions on Certain Wireless and Mobile Devices

Friday, June 20, 2014
Sandler, Travis & Rosenberg Trade Report

Section 337 Investigation of Certain Mobile Devices Terminated. The ITC initiated in November 2010 a Section 337 investigation of certain mobile devices and related software from China. On Jan. 13, 2012, the administrative law judge in charge of the proceeding issued a final finding of no violation and that decision was affirmed on review by the ITC. The complainant decided to appeal the final determination of no violation as to two patents and the U.S. Court of Appeals for the Federal Circuit on Aug. 7, 2013 partially affirmed, reversed and vacated the ITC’s decision. The proceeding continued for about nine more months until the complainant and respondent reached a settlement agreement, leading to the termination of the investigation.

Public Interest Comments Sought in Section 337 Investigation of Certain Wireless Devices. The ITC is seeking input on any public interest issues raised by the recommended relief in the Section 337 proceeding involving certain wireless devices with 3G and/or 4G capabilities and components thereof from China, Korea and Finland. Specifically, the ALJ in charge of this proceeding recently issued a final initial determination recommending the issuance of limited exclusion and cease and desist orders against certain respondents. Comments should address whether the recommended remedy would affect the public health and welfare in the United States, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers.

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