Motorola Smartphones: ITC Considers 337 LEO & C/D Orders, Etc.
The International Trade Commission has announced that it is considering the effect a limited exclusion order and/or cease and desist order directed against certain Motorola Mobility Inc.'s mobile devices and related software (smartphones, 337-TA-750) would have upon the public welfare, competition conditions in the U.S., and U.S. consumers, in light of a January 13, 2012 Administrative Law Judge recommended determination on remedy and bonding.
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Comments are due by February 22, 2012.
(According to the ITC, the primary remedy available in Section 337 investigations is an exclusion order that directs Customs to stop infringing imports from entering the U.S. The exclusion from entry is limited to persons determined by ITC to be in violation, unless ITC determines that a general exclusion order is necessary to prevent circumvention, there is a pattern of violation, etc. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337.)
(See ITT's Online Archives 10112407 for summary of ITC's institution of this investigation, which was brought by Apple against Motorola.)
(FR Pub 01/25/12, Inv. No. 337--TA--750; ITC corrected this notice to replace Motorola Solutions as respondent with Motorola Mobility, Inc. in FR Pub 01/30/12. ITC's completed, corrected notice available here.)
*ITT summary corrected 02/12/12 to liste Motorola Mobility, Inc. as respondent.