On June 25, 2012, the International Trade Commission (the “Commission”) issued a notice determining to review in part an Initial Determination (“ID”) issued by ALJ Thomas B. Pender on April 24, 2012 finding a violation of Section 337 in Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof (Inv. No. 337-TA-745).

By way of background, the Complainant in this investigation is Motorola Mobility, Inc. (“Motorola”) and the Respondent is Apple Inc. (“Apple”).  In the ID, ALJ Pender determined that a violation of Section 337 had occurred by Apple in the importation into the U.S. and sale of certain wireless communication devices, portable music and data processing devices, computers, and components thereof that infringe U.S. Patent No. 6,246,697 (the ‘697 patent).  However, ALJ Pender found no violation of Section 337 with respect to U.S. Patent Nos. 6,272,333 (the ‘333 patent), 6,246,862 (the ‘862 patent), and 5,636,223 (the ‘223 patent).  See our May 31, 2012 post for more details.

According to the June 25 notice, Motorola filed a joint petition for review and contingent petition for review of certain aspects of the ID’s findings concerning claim construction, infringement, validity, and domestic industry.  Apple filed a joint petition for review and contingent petition for review of certain aspects of the ID’s findings concerning claim construction, infringement, validity, and unenforceability.  Each party filed a response to the other party’s petition.

After examining the record of the investigation, including the ID and the parties’ submissions, the Commission determined to review the ID in part.  In particular, with respect to the ‘223 patent, the Commission determined to review certain issues of claim construction, validity, infringement, and domestic industry.  With respect to the ‘697 patent, the Commission determined to review certain issues of claim construction, validity, direct and induced infringement, and domestic industry.  With respect to the ‘862 patent, the Commission determined to review certain issues of claim construction and validity.  Finally, with respect to the ‘333 patent, the Commission determined to review certain issues of claim construction, validity, infringement, and domestic industry.

The notice states that the parties are requested to brief their positions on thirteen questions listed in the notice.  The notice also requests briefing on remedy, the public interest, and bonding. 

Written submissions are due by July 9, 2012, with reply submissions due by July 16, 2012.