On September 23, 2013, ALJ Thomas B. Pender issued a notice regarding the Initial Determination in Certain Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof (Inv. No. 337-TA-847).
By way of background, the investigation is based on a complaint filed by Nokia Corp.; Nokia, Inc.; and Intellisync Corporation (collectively, “Nokia”) alleging violation of Section 337 by HTC Corp.; HTC America, Inc.; and Exedea, Inc. in the importation into the U.S. and sale of certain electronic devices that infringe one or more claims of certain patents. See our May 3, 2012 and June 7, 2012 posts for more details on Nokia’s complaint and the notice of investigation, respectively. On August 7, 2012, Google, Inc. was granted status as an Intervenor, but denied status as a respondent. See our August 10, 2012 post for more details.
According to the notice, the ALJ Pender held that a violation of Section 337 has occurred in connection with the claims of U.S. Patent Nos. 7,415,247 (the ‘247 patent) and 6,393,260 (the ‘260 patent). ALJ Pender also held that no violation has occurred in connection with the claims of U.S. Patent No. 5,884,190 (the ‘190 patent). ALJ Pender further held that an industry in the U.S. exists with respect to the ‘247 and ‘260 patents, but does not exist with respect to the ‘190 patent.
The notice issued by ALJ Pender released only the first two pages 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.