On February 14, 2017, Chief ALJ Charles E. Bullock issued Order No. 5 in Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof (Inv. No. 337-TA-1038).
By way of background, this investigation is based on a December 22, 2016 complaint filed by Nokia Technologies Oy alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain electronic devices, including mobile phones, tablet computers, and components thereof that infringe one or more claims of Nokia’s U.S. Patent Nos. 7,415,247; 9,270,301; 6,393,260; 8,036,619; 6,826,391; 6,480,700; 9,473,602; and 7,653,366. See our January 3, 2017 and January 26, 2017 posts for more details on the complaint and Notice of Investigation, respectively. ALJ Bullock thereafter severed part of this investigation so as to create a second investigation which is the 337-TA-1039 investigation. See our February 9, 2017 post for more details.
According to Order No. 5, ALJ Bullock determined:
In the Notice of Investigation, the Commission stated: ‘If the investigation is severed, the presiding Administrative Law Judge may set a target date of up to 18 months for the original and the severed investigations by order’.... [g]iven the complexity of the technology at issue, the number of asserted patents and claims, and the need for the private parties and counsel to coordinate with events in Inv. No. 337-TA-1039, as well the undersigned’s responsibilities in other investigations, an 18-month target date is hereby set for this Investigation.