On January 24, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of 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 of Finland 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 post for more details on the complaint.
According to the Notice of Investigation, the Commission has identified Apple Inc. of Cupertino, California as the sole respondent. The Notice of Investigation further indicates:
Notwithstanding any Commission Rules to the contrary, which are hereby waived, the presiding Administrative Law Judge may, by order, sever part of this investigation so as to create two or more smaller investigations. If the presiding Administrative Law Judge severs part of the investigation, the Chief Administrative Law Judge, in his discretion, may reassign the original and/or the severed investigations to different presiding Administrative Law Judges. 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. The public interest delegation in paragraph (2) above shall apply to the original and any severed investigations. The Office of Unfair Import Investigations shall inform the Chief Administrative Law Judge and the Office of Docket Services of the new investigation number for any severed investigation.
Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that he will be the presiding Administrative Law Judge in this matter.