On June 20, 2014 the International Trade Commission (the “Commission”) issued a notice in Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-861/867).
By way of background, this investigation is a consolidation of Inv. Nos. 337-TA-861 and 337-TA-867. Speculative Product Design, LLC (“Speck”) filed a first complaint on September 26, 2012, which led to the institution of the 337-TA-861 investigation. See our November 16, 2012 post for more details on the initial complaint. On December 26, 2012, Speck filed a second complaint, which led to the institution of the 337-TA-867 investigation and its consolidation with the 337-TA-861 investigation. See our January 29, 2013 post for more details on the second complaint. During the course of the consolidated investigation, a number of Respondents either were terminated or defaulted. On September 10, 2013, ALJ Pender granted-in-part Speck’s motion for partial summary determination that it satisfied the domestic industry requirement. See our October 30, 2013 post for more details on the ALJ’s decision. On February 21, 2014, ALJ Pender granted Speck’s motion for summary determination of violation by defaulting Respondents Hongkong Wexun Ltd., ROCON Digital Technology Corp., SW-Box.com, Trait Technology Co., Anbess Electronics Co., Ltd., and Global Digital Star Industry, Ltd., and for entry of a general exclusion order (“GEO”). See our March 11, 2014 post for more details on this decision.
According to the Notice, the Commission determined that the appropriate form of relief is a GEO prohibiting the unlicensed entry of cases for portable electronic devices covered by one or more of claims 4, 5, 9 and 11 of U.S. Patent No. 8,204,561. Additionally, the Commission determined that the public interest factors enumerated in 19 U.S.C. §§ 1337(d)(1) do not preclude issuance of the GEO. Lastly, the Commission held that the that the bond for temporary importation during the Presidential review period shall be 100 percent of the entered value of the imported articles that are subject to the order. Accordingly, the investigation was terminated.