`
`Washington, D.C.
`
`
`In the Matter of
`
`CERTAIN MOBILE ELECTRONIC
`DEVICES AND RADIO FREQUENCY
`AND PROCESSING COMPONENTS
`THEREOF
`
`
`Inv. No. 337-TA-1065
`
`NOTICE REGARDINGFINAL INITIAL DETERMINATION
`AND RECOMMENDED DETERMATION
`
`(September28, 2018)
`
`Onthis date, I issued the Final Initial Determination (“ID”) on the question of violation of
`section 337 and the Recommended Determination (“RD”) concerning the remedy that may be
`
`appropriate in the event the Commission ultimately finds a violation of section 337. A public
`
`version of this documentshall be available within 30 days. See 19 C.F.R. § 210.5(f).
`
`Asexplained in the ID, I have found a violation of section 337. The ID contains, among
`
`other things, the following conclusions:
`
`1. The Commission has subject matter, personal, and in rem jurisdiction in this
`
`investigation.
`
`2. The accused products have been imported into the United States.
`
`3. The accused products infringe claim 31 of U.S. Patent No. 9,535,490. The accused
`
`products do notinfringe claim 7 ofU.S. Patent No. 8,698,558, or claims 19, 25, or
`
`27 of U.S.Patent No. 8,633,936.
`
`4, The technical prong of the domestic industry requirementis satisfied with respectto
`U.S. Patent No. 9,535,490. The technical prong of the domestic industry requirement
`
`is not satisfied with respect to U.S. Patent No. 8,698,558 or U.S. Patent No.
`
`8,633,936.
`
`(cid:50)(cid:36)(cid:1)(cid:19)(cid:17)(cid:17)(cid:18)(cid:13)(cid:1)(cid:81)(cid:15)(cid:18)
`QC 2001, p.1
`
`
`
`5. The economic prong of the domestic industry requirementhasbeensatisfied with
`
`respect to the asserted patents.
`It has not been shown byclear and convincing evidencethat any asserted claim is
`
`6.
`
`invalid.
`
`I have also madefindingsoffact as to the statutory public interest factors pursuantto the
`
`Notice of Investigation and have made a recommendation to the Commission as to the appropriate
`
`remedyin the eventa violation of section 337 is found. See 82 Fed. Reg. 37899 (Aug. 14, 2017). It
`
`is my recommendationthat the statutory public interest factors weigh against issuing a limited
`
`exclusion orderas to products found to infringe the patents asserted in this investigation.
`
`ou Lhd—~
`
`Thomas B. Pender
`Administrative Law Judge
`
`(cid:50)(cid:36)(cid:1)(cid:19)(cid:17)(cid:17)(cid:18)(cid:13)(cid:1)(cid:81)(cid:15)(cid:19)
`QC 2001, p.2
`
`
`
`CERTAIN MOBILE ELECTRONIC DEVICES AND RADIO
`FREQUENCY AND PROCESSING COMPONENTS THEREOF
`
`INV. NO. 337-TA-1065
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand upon the
`Commission Investigative Attorney, Lisa Murray, Esq. and the following parties as indicated,
`on.
`SEP ? Q
`
`* L
`
`isa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street SW, Room 112A
`Washington, D.C, 20436
`
`
`
`FOR COMPLAINANT QUALCOMM INCORPORATED
`
`Washington, D.C. 20005
`
`S. Alex Lasher, Esq.
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`1300 I Street NW, Suite 900
`
`(
`(\f
`(
`(
`
`)
`
`Nia Hand Delivery
`Express Delivery
`) Via First Class Mail
`) Other:
`
`FOR RESPONDENT APPLE INC,
`
`Lauren A. Degnan, Esq.
`FISH & RICHARDSONP.C.
`1000 Maine Avenue SW,Suite 1000
`Washington, D.C. 20024
`
`YVia Hand Delivery
`(
`Express Delivery
`(V)
`) Via First Class Mail
`(
`) Other:
`(
`
`
`(cid:50)(cid:36)(cid:1)(cid:19)(cid:17)(cid:17)(cid:18)(cid:13)(cid:1)(cid:81)(cid:15)(cid:20)
`QC 2001, p.3
`
`
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