Personal Communication Devices: Possible 337 Exclusion Order on HTC Android Smartphones
The International Trade Commission has announced that it will be reviewing a number of issues regarding the Administrative Law Judge's July 15, 2011 final Initial Determination that patents held by Apple Inc. and its subsidiary NeXT Software, Inc. were infringed by the importation, sale for importation, or sale within the U.S. after importation of personal data and mobile communication devices and related software of High Tech Computer Corp. of Taiwan, HTC America Inc. and Exedia, Inc. (337-TA-710).
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The ITC requests comments on a number of legal issues surrounding this case, as well as what type of remedy, if any, should be ordered (such remedies include exclusion orders and cease and desist orders), and its impact on the public interest. Written comments on the legal issues and remedy and bonding options are due by October 6, 2011. Reply submissions are due by October 17, 2011.
If the ITC orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission's action. During this period, the subject articles would be entitled to enter the U.S. under bond, in an amount determined by the ITC.
ITC contact: Sidney Rosenzweig (202) 708-2532
Apple Inc.'s posting that this case affects HTC's Android smartphones available here
(FR Pub 09/21/11, Inv. No. 337--TA--710)