Judge Essex issued a Notice Regarding Initial Determination in InterDigital’s ITC action against ZTE and Nokia (Inv. No. 337-TA-868) on Friday, indicating that there has been a finding of no violation with respect to any of the 3G and 4G devices at issue. The notice is sparse on details, indicating only that no violation of the Tariff Act of 1930, as amended, has occurred by reason of infringement. A public version of the Initial Determination should be available in the coming weeks, as well as the Commission’s decision whether or not to review the ALJ’s decision.
As discussed in our June 6 post, Samsung recently settled out of this investigation as part of a settlement resolving all disputes involving InterDigital’s 3G/4G cellular standard-essential patents. ALJ Essex issued a separate Initial Determination on June 9, granting a joint motion by Samsung and InterDigital to terminate the investigation as to Samsung based on the settlement agreement. Huawei also settled-out of this investigation earlier this year.