ITC Institutes Patent Investigation of Smartphones Brought by Apple Against Motorola
The International Trade Commission has instituted a section 337 patent-based investigation of certain mobile devices and related software pursuant to a complaint.
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(The products at issue in this investigation are mobile devices, such as smartphones, and their operating systems, user interfaces, and other application software.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Apple, Inc., f/k/a Apple Computer, Inc. Of Cupertino, CA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain mobile devices and related software that infringe patents asserted by Apple.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Motorola Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
- Motorola, Inc. of Schaumberg, IL; and
- Motorola Mobility, Inc., of Libertyville, IL.
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 11/23/10, Inv. No. 337-TA-750)