Showing posts with label HTC. Show all posts
Showing posts with label HTC. Show all posts

Saturday, April 30, 2011

Nokia v. Apple @ ITC: Moving Forward

Nokia's request for a USITC investigation based in part upon PalmPilot sync patents has been granted.  From the ITC news release:

April 26, 2011
News Release 11-039
Inv. No. 337-TA-771
Contact: Peg O'Laughlin, 202-205-1819

USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN ELECTRONIC DEVICES, INCLUDING MOBILE PHONES, MOBILE TABLETS, PORTABLE MUSIC PLAYERS, AND COMPUTERS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including mobile phones, mobile tablets, portable music players, and computers, and components thereof. The products at issue in this investigation are smartphones, music players, and computers.

The investigation is based on a complaint filed by Nokia Corporation of Finland; Nokia, Inc., of White Plains, NY; and Intellisync Corporation of White Plains, NY, on March 28, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices, including mobile phones, mobile tablets, portable music players, and computers, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified Apple Inc. of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-771), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

 

Previous coverage:

Monday, April 18, 2011

Bloomberg: ITC Staff Recommends Siding With Nokia, HTC in Apple Patent Case

According to Bloomberg:

HTC Corp. (2498) and Nokia Oyj (NOK1V) shouldn’t be found liable of infringing Apple Inc. (AAPL)’s patents, the staff of the U.S. International Trade Commission recommended.

A staff lawyer, Erin Joffre, disclosed the position at the start of an ITC trial in Washington today in which Apple is seeking to ban imports of mobile phones made by HTC that run Google Inc.’s Android operating system, as well as block some Nokia devices. The staff acts on behalf of the public as a third party in the case. Its recommendations aren’t binding.

[...]

Update: I contacted Susan Decker of Bloomberg who told me that this did seem to be a separate recommendation based on a belief of lack of infringement, not just a reiteration of last weeks OUII request regarding the domestic industry requirement.