HTC Claims Intervening Rights Against Apple In ITC Case
Scott Daniels, Partner at Westerman, Hattori, Daniels & Adrian and Practice Center Contributor, sent in this article discussing the pending ITC investigation of HTC’s mobile communication devices. Daniels raises interesting questions regarding HTC’s latest motion asking the ITC for a determination that it does not infringe one of Apple’s patents because it’s entitled to “absolute intervening rights” against Apple.
HTC might be making a comeback in the ITC’s investigation of mobile communication devices (337-TA-710). In July Administrative Law Judge Charneski issued an Initial Determination (ID) against HTC, finding that its accused communication devices infringe two data manipulation patents owned by Apple. That determination, if affirmed by the full Commission, would likely result in exclusion from entry into the United States of HTC’s infringing devices.
But in September the full Commission announced that it was reviewing Judge Charneski’s ID against HTC. And, in a step that will interest reexamination practitioners, HTC asked the ITC for a determination that it does not infringe one of the Apple patents – U.S. Patent No. 5,946,647 – because HTC is entitled to “absolute intervening rights” created in a co-pending reexamination of Apple’s ‘647 patent. (more…)
Can the ITC Keep Pace?
Written by Brandon Baum, of Baum Legal and Practice Center Contributor.
The ITC caseload has grown significantly in recent years.
Moreover, the Federal Circuit’s decision in Kyocera Wireless v. ITC limiting the downstream effect of ITC exclusion orders means complainants frequently name multiple parties when initiating complaints. Thus, the cases are far larger and more complex. The pace appears to be quickening as well, as there were 28 new 337 complaints filed between June and August, and the ITC website shows 71 cases currently pending. Many of these are “battle of the titans” type cases, involving major industry players with virtually unlimited legal budgets (e.g., various pending smartphone investigations are illustrated below). (more…)
09.19.11 | ITC, posts | Stefanie Levine
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10.26.11 | ITC, posts, Reexamination | Stefanie Levine