The legal war between Motorola and Apple continue today with an ITC press release claiming that an official investigation will be launched against those from Apple, all at the request of the Motorola company. The US ITC will investigate Apple's iDevices and Macs, and this investigation could end in a ban on the sale of these products in the USA. Motorola claims that Apple products infringe 7 of its patents, and if this statement proves to be true, then the products will be removed from sale in the USA.
Investigations of this kind last for months, so we will most likely find out the result of this battle next year.
USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN WIRELESS COMMUNICATION DEVICES, PORTABLE MUSIC AND DATA PROCESSING DEVICES, COMPUTERS, AND COMPONENTS THEREOF
The US International Trade Commission (USITC) has voted to institute an investigation of certain wireless communication devices, portable music and data processing devices, computers, and components thereof. The products at issue in this investigation are certain Apple iPhones, iPods, iPads, and Apple personal computers.
The investigation is based on a complaint filed by Motorola Mobility LLC of Libertyville, IL, Motorola Mobility Ireland of Bermuda, and Motorola Mobility International Limited of Bermuda, on August 17, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless communication devices, portable music and data processing devices, computers, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified Apple Inc. of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-856), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six 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.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after the institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for political reasons by the US Trade Representative within that 60-day period.
