On March 5, 2014, ALJ Theodore R. Essex issued Order Nos. 47 and 48 in connection with the remand investigation in Certain 3G Mobile Handsets and Components Thereof (Inv. No. 337-TA-613).
By way of background, the Commission instituted the investigation on September 11, 2007 based on a complaint filed by InterDigital Communications Corp. and InterDigital Technology Corp. (collectively, “InterDigital”). The complaint, as amended, alleged violations of Section 337 in the importation and/or sale of certain 3G mobile handsets and components thereof that infringed certain claims of U.S. Patent Nos. 7,117,004 (the ‘004 patent), 7,190,966 (the ‘966 patent), 7,286,847 (the ‘847 patent), and 6,693,579 (the ‘579 patent) by Nokia Corporation and Nokia, Inc. (collectively, “Nokia”). On August 14, 2009, ALJ Luckern issued his final Initial Determination (“ID”) finding no violation of Section 337 on the grounds that asserted claims of the patents-in-suit were not invalid and not infringed. Additionally, the ALJ found that the ‘004, ‘966, and ‘847 patents were not unenforceable due to prosecution laches, and that the ‘579 patent also was not unenforceable. See our September 23, 2009 post for more details on the ID. The Commission reviewed the ID and on October 16, 2009 issued a notice modifying the ALJ’s construction of the term “access signal” in the asserted claims of the ‘847 and ‘004 patents. The Commission also reviewed and took no position on the ALJ’s construction of the term “synchronize” in the asserted claims of the ‘847 patent. Further, the Commission took no position on validity with respect to any of the asserted patents and did not review the ALJ’s construction of the terms “code” and “increased power level” in the asserted claims of the ‘966 and ‘847 patents. See our October 19, 2009 post for more details. InterDigital appealed the Commission’s final determination, specifically regarding the unreviewed constructions of the “code” and “increased power level” limitations. The Federal Circuit reversed the Commission’s construction of these terms, reversed the Commission’s determination of non-infringement as to the ‘966 and ‘847 patents, and remanded the case to the Commission for further proceedings. Nokia subsequently filed a petition for panel rehearing and rehearing en banc on the issue of domestic industry which the Court denied. See our August 3, 2012 and January 14, 2013 posts for more details on the Federal Circuit’s rulings.
According to Order No. 47, ALJ Essex set August 28, 2015 as the target date for completing the remand investigation (which is approximately 18.5 months). In addition, ALJ Essex noted that the evidentiary hearing in this remand investigation will commence on January 26, 2015.
According to Order No. 48, ALJ Essex set the procedural schedule for the remand investigation.