2013, Samsung filed a Petition for Review with the Federal Circuit appealing the Commission’s Final Determination in the 794 Investigation.  In view of the White House’s decision on August 3, 2013, disapproving the exclusionary remedy issued by the Commission with respect to Samsung’s declared standard essential ’348 patent, the Commission’s Docketing Statement and Samsung’s Docketing Statement filed on August 19, 2013 state that the appeal (No. 2013-1519) is limited to reviewing the Commission’s determination that Apple did not infringe Samsung’s asserted ’980, ’514 and ’644 patents.  (The White House’s disapproval is not appealable.  Duracell Inc. v. U.S.I.T.C., 779 F.2d 1578 (Fed. Cir. 1985)).  Notably, however, of the three patents that are the subject of the appeal, the ’644 patent has also been declared essential to wireless telecommunications standards.  Thus, if the Federal Circuit reverses the Commission’s non-infringement determination with respect to the ’644 patent, a remand is likely so that the Commission can thoroughly examine the public interest issues to determine whether an exclusionary remedy would be in the public interest as “underscored” in the August 3, 2013 Letter from U.S. Trade Representative Michael Froman, by delegation of authority from the President, notifying the Commission of the President’s disapproval.