Until today, the U.S International Trade Commission had set a deadline of February 6, 2013 to issue its Final Determination in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794). In this highly-anticipated decision, the ITC is likely to address various issues relating to the assertion of standard-essential patents in Section 337 investigations before the Commission (for more information, see our previous post on the case). However, today the ITC issued a Notice of Commission Determination to Extend the Target Date for Completion of the Investigation, giving notice that it is extending the target date for issuance of its Final Determination until March 7, 2013.
While the ITC is typically a fast-moving agency, it is not out of the ordinary for the Commission to extend the target date for issuing Final Determinations, particularly where — as here — there are complicated issues that the ITC may address for the very first time. The result of this is that those wondering whether the ITC would finally give a clear pronouncement on the availability of exclusion orders for FRAND-encumbered standard-essential patents will like have to wait another month.