ITC Institutes Patent Investigation of Apple Touch Phones/Computers
The International Trade Commission has instituted a section 337 patent-based investigation of certain electronic devices with multi-touch enabled touchpads and touchscreens, pursuant to a complaint (Inv. No. 337-TA-714).
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(The products at issue in this investigation are electronic devices such as mobile telephones and computers that have multi-touch user interfaces.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Elan Microelectronics Corporation of Taiwan, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain electronic devices with multi-touch enabled touchpads and touchscreens that infringe a patent asserted by Elan.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Apple, Inc. Alleged to Be in Violation of Section 337
The ITC has identified Apple Inc. of Cupertino, CA as the respondent alleged to be in violation of section 337 in this investigation.
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.)
ITC press release (No. 10-040, dated 04/26/10) available at http://www.usitc.gov/press_room/news_release/2010/er0426hh1.htm