On July 5, 2013, the Commission published its Opinion in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers, Investigation No. 337-TA-794 (“the 794 Investigation”).   The Commission issued both a limited exclusion order and cease and desist order barring Apple from importing its older iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G after determining they infringe Samsung’s ‘348 patent and that the public interest factors and Samsung’s FRAND declaration do not preclude such remedial orders.  Some noteworthy findings relate to the Commission’s denial of Apple’s affirmative defense based on Apple’s allegations that:  (1) Samsung forfeited any right to obtain an exclusion order when Samsung made a FRAND commitment for the ’348 patent; and (2) the ‘348 patent is unenforceable because Samsung failed to timely disclose the patent to ETSI.  Also worth noting are the Commission’s findings relating to its determinations that:  (1) even assuming Samsung’s FRAND declaration imposed a legally enforceable obligation on Samsung to license on FRAND terms, Apple did not prove a failure by Samsung to negotiate in good faith; and (2) the public interest factors do not preclude the remedial orders, which were tailored by the Commission to include a 2 year refurbishing provision for infringing handsets to accommodate U.S. consumers, but not delayed to accommodate potentially affected carriers.