On March 5, 2014, the International Trade Commission (the “Commission”) issued a Notice determining not to review an Initial Determination (“ID”) issued by ALJ Thomas B. Pender denying Respondents’ motion for partial return of bonds and denying Complainant’s motion for forfeiture of bonds in Certain Electronic Digital Media Devices and Components Thereof (Inv. NO. 337-TA-796).
By way of background, this investigation is based on a complaint filed by Apple Inc. (“Apple”) alleging violations of Section 337 by Respondents Samsung Electronics Co, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) for the importation into the U.S., sale for importation, and the sale within the U.S. after importation of certain electronic digital media devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,479,949 (the ‘949 patent), RE 41,922 (the ’922 patent), 7,863,533 (the ‘533 patent), 7.789,697 (the ‘697 patent), 7,912,510 (the ‘501 patent), D558,757 (the D’757 patent), and D618,678 (the D’678 patent). On October 24, 2012 ALJ Pender issued his final ID in the investigation finding a violation of Section 337 with respect to certain asserted claims of the D’678, the ‘949, the ‘922, and the ‘501 patents. See our January 22, 2013 post for more details on the public version of the ID. On January 23, 2013, the Commission issued a notice determining to review the ID in its entirety, and also remanded the investigation to ALJ Pender to consider certain issues related to the ‘922 patent and the ‘501 patent. See our January 24, 2013 post for more details. On March 26, 2013, ALJ Pender issued the subject Remand ID finding that claims 34 and 35 of the ‘922 patent are infringed by the text-selection feature of Samsung’s accused products, and that claim 3 of the ‘501 patent is not infringed. See our April 8, 2013 post for more details. Both Apple and Samsung petitioned for review of the Remand ID. On May 28, 2013, the Commission issued a notice determining to review the Remand ID in its entirety. See our May 31, 2013 post for more details. On August 9, 2013, the Commission issued a notice finding a violation of Section 337 and issuing a limited exclusion order and cease and desist order against Samsung. Specifically, the Commission found that certain Samsung smartphones and tablet computers infringe claims 1, 4-6, 10 and 17-20 of the ‘949 patent and claims 1-4 and 8 of the ‘501 patent, that the asserted claims of the ‘949 and ‘501 patents have not been proven to be invalid, and that a domestic industry exists relating to articles protected by the ‘949 and ‘501 patents. See our August 12, 2013 post for more details.
In light of the Commission’s final determination, it set a bond of 1.25% of the entered value during the period of Presidential review. On August 12, 2013, two of the Respondents posted a bond with the Commission and on October 9, 2013, the U.S. Trade Representative issued a notice determining not to disapprove of the Commission’s remedial orders. See our October 16, 2013 post for more details. On December 23, 2013, Samsung filed a motion for partial return of its bonds and on January 6, 2014, Apple filed a motion for forfeiture of bonds and an opposition to Samsung’s motion for partial return of its bonds. On January 17, 2014, ALJ Pender issued Order No. 29 denying both motions. No party petitioned for review, and the Commission determined not to review the Order.