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ARTICLE · 19 DECEMBER 2018

ITC To Review Controversial Apple-Qualcomm Decision

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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As anticipated, on December 12, 2018, the International Trade Commission ("ITC") issued a notice to review the Final Initial Determination and Recommended Determination ("FID") issued by Administrative Law Judge.

United StatesIntellectual Property
Michael Renaud
Michael Renaud
James Wodarski
James Wodarski
Aarti Shah
Aarti Shah
Marguerite McConihe
Marguerite McConihe
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As anticipated, on December 12, 2018, the International Trade Commission ("ITC") issued a notice to review the Final Initial Determination and Recommended Determination ("FID") issued by Administrative Law Judge ("ALJ") Pender in In the Matter of Certain Mobile Electronic Devices and Radio Frequency and Process Components Thereof, 337-TA-1065 ("Certain Mobile Electronic Devices"), where ALJ Pender, despite finding that a valid patent was infringed and all jurisdictional requirements met, recommended that no Limited Exclusion Order be issued against Apple because it would be contrary to the public interest. See Certain Mobile Electronic Devices, Commission Notice, Doc. ID. 657154 (Dec. 12, 2018). If upheld by the ITC, ALJ Pender's FID issued by in the 1065 Investigation will be only the fourth time in the history of the ITC that a remedy was refused due to the "public interest" factors1 and would mark the first time that a limited exclusion order ("LEO") would be

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