• ITC Issues Final Determination Of No Violation In Certain Electronic Devices With Multi-Touch Enabled Touchpads And Touchscreens (337-TA-714)
  • July 19, 2011 | Authors: Alexander B. Englehart; Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On June 30, 2011, the International Trade Commission (the “Commission”) issued a notice determining to review in part an Initial Determination (“ID”) issued by Chief ALJ Paul J. Luckern on April 29, 2011 finding no violation of Section 337 in Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens (Inv. No. 337-TA-714).  In particular, the Commission determined to review and take no position on ALJ Luckern’s claim construction finding that the “scanning” step of independent claim 1 requires a specific temporal order, and the ALJ’s related finding of collateral estoppel.  The Commission further determined to adopt the remainder of the ID to the extent that it is not based on these claim construction rulings, and to terminate the investigation with a final determination of no violation of Section 337.

    By way of background, the Complainant in this investigation is Elan Microelectronics Corporation (“Elan”) and the Respondent is Apple Inc (“Apple”).  In the ID, ALJ Luckern determined that no violation of Section 337 had occurred by Apple in the importation into the U.S., the sale for importation, or the sale within the U.S. after importation of certain electronic devices with multi-touch enabled touchpads and touchscreens by reason of infringement of U.S. Patent No. 5,825,352 (the ‘352 patent).  In particular, the ALJ found that Elan had failed to show that any of Apple’s accused products infringe the asserted claims of the ‘352 patent and that Apple had failed to establish that the asserted claims of the ‘352 patent are invalid.  ALJ Luckern also determined that Elan had not established a domestic industry.

    According to the June 30 notice, Elan filed a petition for review on May 16, 2011.  That same day, Apple filed a contingent petition for review.  On May 24, 2011, Elan, Apple, and the Commission Investigative Staff responded to the petitions for review.

    After examining the record of the investigation, including the ID and the submissions of the parties, the Commission determined to review and take no position on ALJ Luckern’s claim construction ruling in his Order No. 17 that the “scanning” step of independent claim 1 requires a specific temporal order for elements (a) to (c), and his related finding of collateral estoppel. The Commission also determined to adopt the remainder of the ID to the extent that it is not based on these claim construction rulings.  Lastly, the Commission determined to terminate the investigation with a final determination that Apple has not violated Section 337.