On January 12, 2016, ALJ Dee Lord issued Order No. 43 in Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers(Inv. No. 337-TA-953).
By way of background, this investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, “Ericsson”) alleging violation by Apple Inc. a/k/a Apple Computer Inc. (“Apple”) of Section 337 in the importation into the U.S. and sale of certain wireless standard compliant electronic devices, including communication devices and tablet computers that infringe one or more claims of U.S. Patent Nos. 8,717,996; 8,660,270; 6,058,359; 6,301,556; 8,102,805; 8,607,130; 8,837,381; and 8,331,476. See our March 3, 2015 and April 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
According to the Order, Ericsson and Apple jointly moved to terminate the investigation based on Ericsson’s withdrawal of the complaint pursuant to a license agreement. ALJ Lord denied the motion for the following three reasons: (1) the motion cited Commission Rule 210.21(a)(1) as authority for termination, but this rule does not apply to terminations by settlement (which are governed by Commission Rule 210.21(b)); (2) the motion fails to include copies of the parties’ settlement agreement; and (3) the redactions in the public version of the license agreement that was filed were excessive. Accordingly, ALJ Lord ordered the parties to re-file their motion to terminate (1) pursuant to Commission Rule 210.21(b); (2) with an unredacted copy of their license agreement attached; and (3) with a revised public version that only includes redactions in compliance with Commission Rules.