ITC Postpones Ruling on Apple Complaint Against Samsung

The United States International Trade Commission has postponed a decision on Apple's complaint against Samsung, according to a statement released today.

The decision has been delayed from August 1st to August 9th. The full details can be found below.

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The Commission instituted this investigation on August 5, 2011, based on a complaint filed by Apple Inc. (“Apple”) of Cupertino, California. 76 Fed. Reg. 47610 (Aug. 5, 2011). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic digital media devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,479,949; RE41,922; 7,863,533; 7,789,697; 7,912,501; D558,757; and D618,678. The complaint further alleges the existence of a
domestic industry. The respondents named in the Commission’s notice of investigation are Samsung Electronics Co, Ltd. of the Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; and Samsung Telecommunications America, LLC of Richardson, Texas.


On October 25, 2012, the presiding administrative law judge (“ALJ”) issued a final initial determination (“ID”) in this investigation. On January 23, 2013, the Commission determined to review the final ID in its entirety, and remand the investigation to the ALJ with respect to certain issues as set forth in the Remand Order. 78 Fed. Reg. 6130 (Jan. 29, 2013). On March 26, 2013, the ALJ issued a remand initial determination (“RID”) in this investigation. The Commission determined to review the RID in its entirety on May 28, 2013. In connection with the
Commission’s review of the final ID and the RID, the parties were invited to brief certain issues. The parties, interested government agencies and the public were invited to provide written submissions on issues related to remedy and the public interest.

The Commission has determined to extend the target date for completion of this investigation from August 1, 2013 to August 9, 2013.
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Notably, Samsung won an ITC ban against older Apple devices that is set to go into effect on August 5th unless President Obama vetoes it.

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