“Certain Mobile Devices, Associated Software, and Components Thereof”
Next Event: Investigation complete at the International Trade Commission. Both Motorola and Microsoft have appealed portions of the Commission’s Opinion to the Court of Appeals for the Federal Circuit.
Summary: Microsoft asserted that Motorola smartphones and associated software infringed on nine Microsoft patents, and requested an order excluding infringing devices and software from entry into the United States. The Commission found that Motorola products infringed on one of the patents at issue, and issued a limited exclusion order preventing their import into the United States.
Timeline of Important Events:
- March 2, 2010 – Microsoft files its initial complaint. (Document #434802).
- October 12, 2010 – Microsoft files an amended complaint. (Document 435336).
- November 1, 2010 – The ITC opens an investigation and assigns Administrative Law Judge Theodore Essex. (Documents #436811, #436823).
- November 22, 2010 – Motorola files response to the complaint, denying all allegations of Microsoft’s amended complaint. (Document #438464).
- January 10, 2011 – ALJ Essex establishes the procedural schedule, setting hearings from August 22-31, 2011, with a target date of March 5, 2012.
- August 11, 2011 – Microsoft files motions to terminate the investigation in part as to patents 6,621,746 and 5,579,517. (Document #4566400) (confidential). ALJ Essex grants the motion on August 12. (Document #456764) (confidential).
- August 22, 2011 – Hearing held. Transcript: Document #457436, #457590, #457754, #457785, #457954, #458012, #458120, #458218.
- December 20, 2011 – ALJ Essex issues Final Initial Determination, finding that Motorola has violated Section 337 by infringing on claims of patent 6,370,566, but no other patents. ALJ Essex recommends a limited exclusion order for infringing products and a bond set at a reasonable royalty rate for the entered value of the accused products. (Document #467464).
- May 18, 2012 – Reviewing ALJ Essex’s recommendation, the Commission finds that Motorola has committed a 337 violation, and issues a limited exclusion order directed against Motorola products that infringe on patent 6,370,566. The Commission sets a bond of $0.33 per device imported during the period of Presidential review. (Document #480670).
- June 5, 2012 – Commission releases public version of its Opinion. (Document #482094), implementing the limited exclusion order and bond.
- June 6, 2012 – Both parties appeal portions of the ruling to the Court of Appeals for the Federal Circuit, Docket No. 12-1445 (Microsoft’s Appeal) and 12-1535 (Motorola’s Appeal). Motorola appeals the entry of an exclusion order and posting of a bond as it relates to patent 6,370,566. Microsoft has appealed the finding of non-infringement on four patents.