Spring has been an interesting time in the world of standard-essential patent litigation.  Last month brought us Judge Robart’s groundbreaking RAND-setting opinion in Microsoft v. Motorola; this month, it’s the ITC’s turn.  Tomorrow is the (thrice-extended) target date 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, which is the ITC’s investigation into Samsung’s Section 337 complaint against Apple.

You may recall that back in March, the ITC asked the parties (and the public) to submit additional information in response to several questions, most of which surround FRAND issues and/or one particular patent that Samsung has alleged to be essential to the ETSI UMTS 3G wireless communication standard.  The specific questions have caused many to speculate that the ITC may have concluded that Apple does in fact infringe that Samsung SEP, and is now deliberating over what — if any — remedy the ITC will issue.

We at the Essential Patent Blog will be keeping an eye out for the ITC’s decision tomorrow, and will do a post breaking down the Final Determination once we’ve had a chance to digest it.  But in the meantime, if you’d like to catch up on the issues facing the ITC, below is a table with links to our many prior posts that have covered the -794 ITC investigation:




Samsung accuses Apple of violating ITC rules & misrepresenting key facts


Apple draws ITC’s attention to Realtek-LSI district court order


Apple cites Judge Robart’s opinion as supplemental authority


Public interest briefing wraps in Samsung-Apple ITC case


A round-up of new public interest submissions in 337-TA-794


Briefs filed by Samsung, Apple demonstrate fundamental dispute over SEP/FRAND issues


ITC Staff says exclusion order is an appropriate remedy for Apple’s SEP infringement


ITC extends target date in Samsung-Apple case, asks for additional briefing


Apple cites recent Japanese court ruling as evidence against exclusion order for SEP infringement


Decision delayed in Samsung-Apple ITC case


Catching up on the Samsung-Apple ITC action (337-TA-794)