The statute that governs the U.S. International Trade Commission’s jurisdiction over patent infringement complaints requires the ITC to resolve its investigations into such complaints “at the earliest practicable time” Typically, ITC investigations will take anywhere from 12-18 months (depending on complexity, number of patents, etc.) from the institution of the investigation until the “target date,” the date the Commission issues its Final Determination. Today, the ITC published two orders setting the target dates for Investigation Nos. 337-TA-866 (involving Samsung’s SEP-related infringement complaint against Ericsson) and 337-TA-868 (involving InterDigital’s 3G/4G-essential patent infringement complaint against Samsung, Huawei, Nokia, and ZTE):
Inv. No. 337-TA-866 (Order No. 2)
- Target date: May 16, 2014 (~15.5 months after institution)
- Due date for Initial Determination on alleged violation of Section 337: January 16, 2014
Judge E. James Gildea’s order also set forth a proposed procedural schedule, although this may be modified later by the ALJ depending on whether the parties identify any conflicts. Judge Gildea anticipates that the hearing in this investigation will begin around September 30, 2013 and will conclude no later than October 11, 2013.
Inv. No. 337-TA-868 (Order No. 4)
- Target date: June 4, 2014 (~16 months after institution)
- Due date for Initial Determination on alleged violation of Section 337: February 4, 2014