ITC Issues LEO Against Motorola Smartphones, Sets $0.33 per Device Bond
The International Trade Commission issued a limited exclusion order related to asserted claims of certain patents of certain mobile devices, associated software, and components thereof (337-TA-744) against respondent Motorola Mobility, Inc. of Libertyville, New Jersey, which was found by an administrative law judge to be in violation of section 337 of the Tariff Act of 1930 due to infringement of claims of patent no. 6,370,5661. The ITC further determined that a bond of $0.33 per device is required to permit temporary importation during the 60-day Presidential review period under 19 USC 1337(j). The investigation and limited exclusion order were requested by Microsoft.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
The ITC said these actions terminate the investigation. All other respondents2 have been terminated from the investigation.
1This patent covers a mobile device which provides the user with the ability to schedule a meeting request from the mobile device itself, etc.
2Motorola, Inc., n/k/a Motorola Solutions was terminated from the investigation based on a withdrawal of infringement allegations.
(See notice for details of the order and discussion of the respondents. See ITT’s Online Archives 10110302 for summary of the institution of this investigation, and 12030747 for summary of the ITC’s determination to review the ALJ’s determination of violations and remedy and bonding.)
(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.)
ITC contact - Clint Michael Liberman (202) 205-3115
(FR Pub 06/13/12, Investigation No. 337-TA-744)