On August 20, 2012, the International Trade Commission (“Commission”) issued a notice determining not to review ALJ David P. Shaw’s July 18, 2012 initial determination (“ID”) terminating the investigation due to Complainant’s lack of standing in Certain Devices with Secure Communications Capabilities, Components Thereof, and Products Containing the Same and Cameras (Inv. No. 337-TA-818).

By way of background, this investigation was based on a November 4, 2011 complaint filed by VirnetX, Inc., of Zephyr Cove, Nevada, (“VirnetX”) alleging violation of Section 337 by Apple, Inc. (“Apple”) by infringement of U.S. Patent No. 8,051,181 (the ‘181 patent).  See our November 8, 2011 post for more details.

According to the notice, ALJ Shaw issued an ID on July 18, 2012, granting Apple’s April 30, 2012 motion to terminate the investigation based on VirnetX’s lack of standing.  ALJ Shaw determined that VirnetX did not possess all substantial rights in the ‘181 patent.  In addition to the ID, ALJ Shaw issued Order No. 14 on the same day  denying VirnetX’s renewed motion to amend the complaint and add SAIC as a complainant.  On July 27, 2012, VirnetX petitioned for review of the ALJ’s ID and Order No. 14, and Apple opposed on August 3, 2012.

After reviewing the record, including the parties’ briefing, the Commission determined not to review the ALJ’s ID or Order No. 14 and thereby terminated the investigation.