Elan Microelectronics Corporation v. Apple, Inc.

Filing 375

Declaration of Derek C. Walter In Support of Apple Inc.'s Motion for Partial Summary Judgment of Non-Infringement of Elan's '352 Patent by Apple's Current Products filed byApple, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 14)(Greenblatt, Nathan) (Filed on 8/4/2011)

EXHIBIT 1

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C. 20436

In the Matter of
CERTAIN ELECTRONIC DEVICES WITH
MULTI-TOUCH ENABLED TOUCHPADS
AND TOUCHSCREENS

Investigation No. 337-TA-714

NOTICE OF COMMISSION DETERMINATION TO REVIEW-IN-PART A FINAL·
INITIAL DETERMINATION; TERMINATION OF INVESTIGATION WITH A
FINDING OF NO VIOLATION OF SECTION 337
AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
determined to review in-part the final initial determination ("ill") issued by the presiding
administrative law judge ("ALl") on April 29, 2011, finding no violation of section 337 in the
above-captioned investigation. In particular, the Commission has determined to review and take
no position on the ALl's finding that the "scanning" step of independent claim 1 requires a
specific temporal order for elements (a) to (c) and his related finding of collateral estoppel. See
Order No. 17 at 9-18 (Nov. 9,2010); ID at 8-9; Order No. 16 (Sept. 28,2010). The Commission
has further determined to adopt the remainder of the ID to the extent it is not based on these
claim construction rulings. The investigation is terminated with a finding that Apple did not
violate section 337.
FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
telephone [phone]. Copies of non-confidential documents filed in connection with this
investigation are or will be available for inspection during official business hours (8:45 a.m. to
5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone [phone]. General information concerning the
Commission may also be obtained by accessing its Internet server at http://www.usitc..w.. The
public record for this investigation may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this
matter can be obtained by contacting the Commission's TDD terminal on [phone].
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
April 29, 2010, based on a complaint filed by Elan Microelectronics Corporation of Taiwan
("Elan"), alleging a violation of section 337 in the importation, sale for importation, and sale
within the United States after importation of certain electronic devices with multi-touch enabled
touchpads and touchscreens by reason of infringement of certain claims of U.S. Patent No.

5,825,352 ("the '352 patent). 75 Fed. Reg. 22625. The complaint named Apple, Inc. of
Cupertino, California ("Apple") as the only respondent.
On April 29, 2011, the ALJ issued a final ID finding no violation of section 337. The ALJ
concluded, among other things, that none of the accused products infringe the asserted claims of
the '352 patent and that no domestic industry exists.
On May 16,2011, complainant Elan filed a petition for review of the ALl's final ill. The same
day, respondent Apple filed a contingent petition for review. On May 24,2011, Elan, Apple, and
the Commission investigative attorney responded to the petitions for review.
Having e~amined the record of this investigation, .~ncludi1J.g, the ALl's final' ID and the
submissions of the parties, the Commission has detetn:J.inedto review and take no position on the
ALl"s claim construction ruling that the ."scanning" step of independent chUm 1 requires a
specific temporal order for elements' (a) to (c), and his related finding of collateral estoppel. See
Order No. 17 at 9-18 (Nov. 9, 2010); ID at 8-9; Order No. 16 (Sept. 28, 2010). The Commission
has also determined to adopt the remainder of the ID to the extent it is notbased on these claim
construction rulings. The Commission had determined to terminate the investigation with a
finding that Apple has not violated section 337.
. The authority for the Commission's determination is Gontained in section 337 of the Tariff Act of
1930, as amended (19 U.S.C. § 1337), and in Part 210 of the Commission's Rules of Practice and
Procedure (19 C.F.R. Part 210).
.
By order of the Commission.

fh J}/2lr-It~
JCR. Holbein
Secretary to the Commission
Issued: June 30, 2011

2

Page 1 - Certificate of Service
CERTAIN ELECTRONIC DEVICES WITH MULTI-TOUCH

337-TA-714

ENABLED TOUCHPADS AND TOUCHSCREENS
PUBLIC CERTIFICATE OF SERVICE

I, James R. Holbein, hereby certify that the attached has been served by hand upon the
COlrunission Investigative Attorney, Kevin G. Baer, Esq., and the follo~ving parties as
indicated, on
June 30, 2011
_

On Behalf of Complainant Elan Microelectronics
Corporation:
Paul F. Brinkman, Esq.
ALSTON & BIRD LLP
The Atlantic Building
950 F Street, NW
Washington, DC 20004

( ) Via Hand Delivery
( ) Via Overnight Mail
( x ) Via First Class Mail
_
( ) Other:

On Behalf of Respondent Apple Inc.:
Mark G. Davis, Esq.
WElL, GOTSHAL & MANGES LLP
1300 Eye Street, NW, Suite 900
Washington, DC 20005

( ) Via Hand Delivery
( ) Via Overnight Mail
( x ) Via First Class Mail
( ) Other:
_