ITC Institutes Patent Investigation of Certain Mobile Communication, Computer Devices Brought by Apple Against Nokia
The International Trade Commission has instituted a section 337 patent-based investigation of certain mobile communications and computer devices and components thereof pursuant to a complaint.
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(The products at issue in this investigation are computing and mobile communication devices such as computers and cellular telephones.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Apple Inc. of Cupertino, CA and alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain mobile communications and computer devices and components thereof that infringe patents asserted by Apple.
The complainant requests that after the investigation, the ITC issue an exclusion order and a cease and desist order.
Two Nokia Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
- Nokia Corporation of Finland; and
- Nokia Inc. of White Plains, NY.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
(See today's ITT, 10022245, for BP summary of another new patent investigation brought by Motorola against BlackBerry's manufacturer for wireless software and devices.
See today's ITT, 10022255, for BP summary of another new patent investigation brought by Toshiba against Wistron for notebook computer products and components).
See ITT's Online Archives or 02/19/10 news, 10021950, for BP summary of another new patent investigation involving Apple and BlackBerry's manufacturer, brought by Kodak for smartphones with cameras.)
ITC press release (No. 10-015, dated 02/19/10) available at http://www.usitc.gov/press_room/news_release/2010/er0219hh2.htm
ITC notice (Inv. No. 337-TA-704, FR Pub 02/24/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-3658.pdf