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Tuesday, September 18, 2012
ITC To Investigate Apple's Products

The U.S. International Trade Commission will inverstigate Apple's iPhones, iPods, iPads, and Apple personal computers, after Motorola requested the inquiry last month.

The investigation is based on a complaint filed by Motorola Mobility 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.

Last week, ITC ruled that Apple did not violate three Motorola patents covering 3G wireless technology. A fourth patent was sent back to administrative law Judge Thomas Pender to determine if Apple violated it in its mobile products.

By instituting the latest investigation, 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.

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