The U.S. International Trade Commission recently announced that it will be reviewing an administrative law judge’s initial determination that found Samsung to have violated a number of Apple patents. In the review notice, the ITC said it will both review ALJ Judge Thomas Pender’s findings of infringement and has sent two of the four asserted Apple patents back to the jurist for reconsideration.
Judge Pender previously recommended that the trade agency institute a ban on U.S. imports of certain Samsung products found to infringe on three Apple utility patents and one design patent, including a touchscreen invention credited to late Apple cofounder Steve Jobs. In addition to the multitouch patent, Judge Pender also said Samsung was in infringement of Apple’s intellectual property regarding a method for providing translucent images on a display, headset plug detection circuitry and the design of the original iPhone. The South Korean manufacturer was not found to be in violation of two other asserted patents.
The Internal Trade Commission remanded U.S. Patent No. RE41,922 and 7,912,501, which covered methods for displaying translucent images and audio jack detection, to Judge Pender for review. Both of the tech giants, Apple and Samsung, requested the ITC to revisit the previous determination, with each of the parties hoping for a more favorable final ruling. The ITC notice mentioned the following:
Having examined the record of this investigation, including the ALJ's final ID, the petitions for review, and the responses thereto, the Commission has determined to review the final ID in its entirety. The Commission does not seek further briefing at this time. Rather, the Commission remands the investigation to the ALJ with respect to certain issues related to the '922 patent and the '501 patent, as set forth in the accompanying Remand Order.