On April 24, 2012, ALJ Thomas B. Pender issued a notice regarding the Initial Determination (“ID”) in Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers, and Components Thereof (337-TA-745).

By way of background, the investigation is based on a complaint filed by Motorola Mobility, Inc. alleging violation of Section 337 by Respondent Apple, Inc. (“Apple”) in the importation into the U.S. and sale of certain wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe certain U.S. Patents.  See our October 8, 2010 post for more details.

According to the notice, ALJ Pender held a violation of Section 337 has occurred in this investigation by Apple by reason of infringement of certain valid claims of U.S. Patent No. 6,246,697 (the ‘697 patent).

ALJ Pender also held that no violation of Section 337 had occurred in this investigation by Apple by reason of infringement of certain claims of U.S. Patent Nos. 5,636,223 (the ‘223 patent), 6,246,862 (the ‘862 patent), and 6,272,333 (the ‘333 patent).

Additionally, ALJ Pender determined that a domestic industry in the U.S. does exist that practices or exploits the ‘223 and the ‘697 patents, but does not exist for the ‘862 and ‘333 patents. 

The notice issued by ALJ Pender released only the first page of the ID and the conclusions of law set forth in the ID.  We will provide additional information after the public version of the ID issues in its entirety.