ITC Institutes Patent Investigation of Mobile Phone Directory Devices Against Apple
The International Trade Commission has instituted a section 337 patent-based investigation of certain portable electronic devices and related software, pursuant to a complaint.
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(The products at issue in this investigation are portable electronic devices that utilize certain power management methods and may incorporate hardware and software for telephone directories within mobile telephone systems.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by HTC Corp. of Taiwan, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain portable electronic devices and related software that infringe patents asserted by HTC.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Apple Alleged to Be in Violation of Section 337
The ITC has identified Apple Inc., aka Apple Computer, Inc. as the respondent alleged to be in violation of section 337 in this investigation.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.)
(Press release dated 06/11/10, Inv. No. 337-TA-721)