The ITC just issued a Notice of Final Determination in Inv. No. 337-TA-794, the investigation concerning Samsung’s complaint against Apple.  (For a refresher on the case and issues, check out our previous posts).  In a decision that will reverberate across the standard-essential patent world, the Commission has determined that Apple’s products at issue

For the fourth time over the course of the Samsung-Apple ITC Investigation (No. 337-TA-794), the Commission has extended the target date for its much-anticipated Final Determination.  We’ll have to wait until Tuesday, June 4 for a ruling on whether Samsung can get an exclusion order as a remedy for Apple’s alleged infringement of Samsung’s standard-essential

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

While there are just a few days to go before the target date for the ITC’s long-awaited Final Determination in Samsung’s Section 337 investigation against Apple, that hasn’t stopped the parties from continuing to spar.  Last week, Apple filed a “Notice of New Authority and New Facts” with the ITC, directing the Commission’s attention to

For those of you unfamiliar with the pace of litigation at the U.S. International Trade Commission, it is fast.  Just several days ago, we were writing about the comments on the public interest submitted in Inv. No. 337-TA-794 by Apple and Samsung, the ITC Staff, and several other interested non-parties.  Late last week, Apple, Samsung, and the ITC staff each submitted responses to these initial public interest comments.

Barring unexpected additional submissions from the parties (e.g., a notice of supplemental authority citing Judge Robart’s forthcoming ruling in the Microsoft-Motorola RAND case, which may come down any day), the briefing in this important ITC case should now be all wrapped up.  Now, the waiting game begins — the Commission has until May 31 decide whether it will issue an exclusion order barring Apple products, should it find that they infringe Samsung’s (alleged) 3G UMTS-essential patent(s) (although a ruling could, of course, come before then).

A round-up of and links to the recent responsive submissions, after the jump…
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ITC LogoLast week, both Apple and Samsung filed their initial submissions in response to the U.S. International Trade Commission’s March 13 order for additional briefing in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Table Computers (Inv. No. 337-TA-794).  In a post last Friday, we discussed the submission by the ITC’s Office of Unfair Import Investigations.  After the jump, we’ll give an overview of the positions set forth in the parties’ respective briefs.  It will not be a surprise to anyone following the smartphone wars or standard-essential patent issues that Apple and Samsung vehemently disagree over nearly everything having to do with the standard-essential patent and FRAND issues in this case.
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If there was any doubt about the importance of standard-essential patent issues at the ITC, we can certainly put that to rest.  For the second time in a week, the Commission issued a Notice extending the target date for its Final Determination in Inv. No. 337-TA-794, the Section 337 investigation based on Samsung’s August 2011 complaint against Apple.  But unlike its last brief extension, the ITC this time extended its deadline until May 31, 2013 — and requested additional comments on the public interest and briefing from the parties on several issues.

The Commission’s particular questions (reproduced after the jump) show just how seriously the ITC is taking standard-essential patent issues.  Additionally, the content of these questions may imply that the Commission could be leaning toward a finding that Apple infringes U.S. Patent No. 7,706,348 — a patent that Samsung has alleged is essential to the UMTS 3G cellular standard — and is now trying to decide what if any remedy it should order.


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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

Last week, it was reported that Apple won a decision against Samsung in Tokyo, Japan, where a judge ruled that Samsung failed to negotiate in good faith with Apple before bringing patent infringement claims over its standard-essential patents.  Until today, the court’s actual ruling was not publicly available.  But yesterday, Apple submitted a “Notice of New Facts” and a redacted copy of a translation of the Tokyo court’s decision to the U.S. International Trade Commission in ITC Inv. No. 337-TA-794, and this submission hit the ITC’s docket this morning.

Recall that the -794 case is the ITC’s investigation over Apple’s alleged infringement of several Samsung patents (including two 3G cellular standard-essential patents), and that a Final Determination by the Commission is due no later than this Thursday, March 7 — and that the issue of the propriety of issuing an exclusion order for standard-essential patent infringement has been hotly debated here.  Apple argues that the Tokyo court’s decision and factual findings “underscore that it would be against the public interest to issue an exclusionary remedy to Samsung on declared-essential patents.”


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