On October 16, 2012, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Devices with Secure Communication Capabilities, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-858).
The investigation is based on a September 14, 2012 complaint filed by VirnetX, Inc., of Zephyr Cove, Nevada, and Science Applications International Corporation of McLean, Virginia, alleging violation of Section 337 in the importation into the U.S. and sale of certain devices with secure communication capabilities, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,051,181. See our September 17, 2012 post for more details.
According to the Notice of Investigation, the ITC has identified Apple Inc. of Cupertino, California, as the respondent in this investigation.
The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.
Lastly, Chief ALJ Charles E. Bullock issued a Notice indicating that E. James Gildea will be the presiding Administrative Law Judge in this investigation.