ITC Agrees to Investigate Apple's Case Against Samsung

The U.S. International Trade Commission (USITC) has voted to institute an investigation based on a complaint filed by Apple alleging patent violations by Samsung. The products at issue include mobile phone handsets and tablet computers in addition to software, touchpads, and hardware interfaces.

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The investigation is based on a complaint filed by Apple Inc. of Cupertino, CA, on July 5, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic digital media devices and components thereof that infringe patents asserted by Apple. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:
● Samsung Electronics Co., Ltd., of Korea;
● Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
● Samsung Telecommunications America, LLC, of Richardson, TX.


By instituting this investigation (337-TA-796), the USITC has not yet made any decision on the merits of the case. The USITC's Acting Chief Administrative Law Judge will assign the case to one of the USITC's five administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
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The ITC also agreed to investigate Samsung's case against Apple late last month.