Today was the target date for the ITC’s 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). But today, the Comission issued a notice to extend the target date for completion of the investigation until next Wednesday, March 13.
Such an extension — even at the last minute — is not altogether unusual, and the Commission’s notice acknowledges the “numerous submissions” the from the public regarding public interest issues (mainly relating to the propriety of exclusion orders for standard-essential patents). But in this case, Apple also recently drew the ITC’s attention to a Japanese court’s ruling that Samsung failed to negotiate in good faith with Apple. Yesterday, Samsung objected to Apple’s submission, claiming that it was submitted in violation of ITC rules and is irrelevant to the issues before the Commission.
Looks like we will have to wait until at least next week to see what guidance (if any) the ITC may offer on standard-essential patent issues.