On June 9, 2016, Chief ALJ Charles E. Bullock issued Order No. 3 consolidating the investigations in Certain Mobile Electronic Devices Incorporating Haptics (Including Smartphones and Smartwatches) and Components Thereof (Inv. No. 337-TA-990) and Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof (Inv. No. 337-TA-1004).

By way of background, the 337-TA-990 Investigation was instituted in March of this year based on a complaint filed by Immersion Corp. (“Immersion”) alleging violation of Section 337 by Apple Inc. (“Apple”), AT&T Inc. (“AT&T”), and AT&T Mobility LLC (“AT&T Mobility”) in the importation into the U.S. and sale of certain mobile electronic devices incorporating haptics (including smartphones and smartwatches) and components thereof that infringe one or more claims of U.S. Patent Nos. 8,773,356; 8,619,051; and 8,659,571. See our February 11, 2016 and March 25, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

The 337-TA-1004 Investigation was instituted on June 6, 2016 based on a complaint filed by Immersion alleging violation of Section 337 by Apple and AT&T Mobility in the importation into the U.S. and sale of certain mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof that infringe one or more claims of U.S. Patent Nos. 8,749,504; 7,808,488; 7,336,260; and 8,581,710. See our May 6, 2016 and June 10, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to the order, Chief ALJ Bullock consolidated the two investigations to conserve the resources of the parties and the Commission given the overlap of the parties, the accused technology, the patented subject matter, and legal issues (e.g., claim construction, invalidity, and domestic industry).

The lead case for the consolidated investigation will be 337-TA-1004.