On September 2, 2011, the U.S. International Trade Commission issued a notice that it will review a final initial determination (“ID”) made in Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, Inv. No. 337-TA-724. The ID to be reviewed was issued by ALJ E. James Gildea on July 1, 2011 and found a violation of section 337. The Investigation is based on a complaint by S3 Graphics Co. Ltd and S3 Graphics Inc. against a sole respondent, Apple Inc.
The Commission has requested that the parties brief thirteen separate issues, including whether the Commission has statutory authority to find a violation where direct infringement is asserted and the accused article does not meet every element of the patent claim at the time it is imported; whether the Commission has statutory authority to find a violation where an imported article is used to directly infringe a method claim, but there is no evidence of contributory infringement or inducement of infringement by the importer; whether the scope of the Commission's authority is affected by the differences in what constitutes an unlawful act under 35 U.S.C. 271 and Section 337; and whether the requirement that there be a nexus between the products imported and the alleged infringement continues to be relevant after the 1988 amendments to Section 337.
The Commission has requested that all written submissions be received by September 16, 2011. All reply submissions must be received by September 23, 2011.