Apple v. Samsung: ITC Initial Determination

On October 24, 2012, the ITC issued an "Initial Determination on Violation of Section 337," in Inv. No. 337-TA-796.  In this case, Apple alleged Samsung had imported various infringing devices (smartphones and tablets) into the U.S. 

In summary, ALJ Tomas B. Pender determined that a violation of Section 337 of the Tariff Act of 1930 has been found in connection with several utility patents and U.S. Design Patent No. D618,678 (Fig. 1 of which is reproduced below).  ALJ Pender also concluded that this patent is not invalid.

ALJ Pender also determined that no violation of Section 337 was found in connection with U.S. Design Patent No. D558,757 (Figs. 3-4 of which is reproduced below), and concluded that this patent is not invalid. 

Apple v. Samsung: Showdown at the ITC

As reported in the ITC Blog, on August 2, 2011, the ITC instituted an investigation concerning Samsung's alleged infringement of U.S. Patent Nos. 7,479,949, RE 41,922, 7,863,533, 7,789,697, 7,912,501, D558,757 and D618,678.  This investigation is the result of a complaint filed on July 5, 2011, and a supplemental letter filed on July 22, 2011, by Apple.

Figs. 1 and 2 of U.S. D558,757 (left) and D618,678 (right) are reproduced below.

This follows the ITC instituting an investigation on July 27, 2011, concerning Apple's alleged infringement of U.S. Patent Nos. 7,706,348, 7,486,644, 6,771,980, 6,879,843 and 7,450,114.  This investigation is also reported in the ITC Blog, and is the result of a complaint filed on June 27, 2011, and supplemental letters filed on July 7 and 15, 2011, by Samsung.

Apple files ITC complaint against Samsung

As reported in the ITC blog, Apple filed an ITC complaint against Samsung on July 8, 2011, alleging certain portable electronic devices and related software infringe claims of U.S. 7,844,915, 7,469,381, 7,084,859, 7,920,129 and 6,956,564.  This ITC complaint follows the ITC complaint Samsung filed against Apple on June 28, 2011.  As in that complaint, this complaint also presumably relates to the ongoing dispute we have been covering between Samsung and Apple.

Samsung files ITC complaint against Apple

As reported in the ITC blog, Samsung filed an ITC complaint against Apple on June 28, 2011, alleging certain electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers infringe one or more claims of U.S. 7,706,348, 7,486,644, 6,771,980, 6,879,843, and 7,450,114.

Presumably, this ITC complaint relates to the ongoing dispute we have been covering between Samsung and Apple.

ITC Investigates Certain Protective Cases and Components Thereof

As reported on Oblon’s ITC blog, the U.S. International Trade Commission  (“ITC”) has instituted an investigation in response to a complaint filed by Otter Products, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain protective cases and components thereof that infringe certain U.S. patents and trademarks.  The complaint identifies twenty-nine respondents, including Alibaba.com and other Chinese and American companies.

The asserted design patents are U.S. Design Patent Nos. D600,908, D617,784, D615,536, D617,785, D634,741, and D636,386.  According to the complaint, these design patents “protect the ornamental features of Otter Products’ unique protective case designs for handheld electronic devices, including smart phones, tablet computers, and other mobile devices.”  Some of the figures from these patents are reproduced below.

The following were identified in the complaint as some of the respondents’ protective cases and components thereof: