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Earlier this month, the ITC issued a landmark decision and exclusion order, ruling that certain Apple products should be excluded from entry into the United States because they infringe a Samsung 3G-essential patent.  As we explained in a follow-up post, the ITC doesn’t have the final word, though — by law, the President has the power to disapprove of an exclusion order for public policy reasons.  (This power has since been delegated to the Office of the United States Trade Representative (USTR).)  In a high-stakes, high-profile case such as Samsung-Apple, you’d expect the parties to continue the fight at every level — and sure enough, that’s what has happened.

As noted by Florian Mueller of FOSS Patents, last week both Apple and Samsung submitted arguments to the USTR.  Mr. Mueller got his hands on public, redacted versions of the documents, which we’ve linked to below:

After the jump, we’ll take a more in-depth look at each party’s arguments.


Continue Reading Apple, Samsung take their standard-essential patent battle to the U.S. Trade Representative

By now, it’s really no surprise to those who pay attention to SEP issues that certain lawmakers have their eyes on the standard-essential patent world, as well.  Although non-practicing entity issues generally grab headlines these days, Congress does make some time for SEPs, too.  One example of this just became public — a May 21…

ITC LogoOne thing that has frustrated many followers of the Samsung-Apple ITC case is the currently unavailability of a public version of the Commission’s Final Determination.  Generally, the only insight into the ITC’s reasoning came from the limited information in the Commission’s Notice of Final Determination.  But for those of you who are interested, we thought it’d be worth taking a look at the publicly-available documents that spell out the specific exclusionary relief awarded to Samsung in this case:

  1. 337-TA-794 Limited Exclusion Order
  2. 337-TA-794 Cease and Desist Order

After the jump, we’ll dive into these in a little more detail.


Continue Reading A look at the ITC’s exclusion and cease & desist orders in the Samsung-Apple case (337-TA-794)

In the wake of the ITC’s landmark exclusion order barring imports of certain Apple 3G products, we noticed an interesting question raised by Prof. Brian J. Love of Santa Clara law school, among others:

BrianJLove

Professor Love is referring to one of several legislative recommendations and executive actions related to the patent system and patent litigation…

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…

As many commentators have noted, Judge Robart’s Microsoft-Motorola decision may provide a roadmap to courts and parties in other FRAND disputes.  Not surprisingly, Apple recently brought the decision to the attention of both the Federal Circuit (in the appeal of Judge Posner’s decision to dismiss Motorola’s SEP-related claim for damages and injunctive relief) and the…

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…
Continue Reading Public interest briefing wraps up in Samsung-Apple ITC battle (337-TA-794) — parties now play the waiting game on exclusion orders and SEPs