On October 24, 2012, ALJ Thomas B. Pender issued a notice regarding the Initial Determination (“ID”) in Certain Electronic Digital Media Devices and Components Thereof (Inv. No. 337-TA-796). On October 25, 2012, ALJ Pender issued Order No. 27 that corrected two errors in the October 24 notice of ID.
By way of background, the investigation is based on a complaint filed by Apple, Inc. The Respondents in this investigation are: Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”). See our August 2, 2011 post for more details about this investigation.
According to the notice, ALJ Pender held a violation of Section 337 has occurred in this investigation by Samsung by reason of infringement of certain valid claims of U.S. Patent Nos. D618,678 (the ‘678 patent), 7,479,949 (the ‘949 patent), RE 41,922 (the ‘922 patent), and 7,912,501 (the ‘501 patent).
ALJ Pender also held that no violation of Section 337 had occurred in this investigation by Samsung by reason of infringement of certain claims of U.S. Patent Nos. D558,757 (the ‘757 patent), and 7,789,697 (the ‘697 patent).
Additionally, ALJ Pender determined that a domestic industry in the U.S. does exist that practices or exploits the ‘757, ‘678, ‘949, ‘922, and ‘501 patents, but does not exist for the ‘697 patent.
The notice issued by ALJ Pender released only the first page of the ID and the conclusions of law set forth in the ID. We will provide additional information after the public version of the ID issues in its entirety.