Elan Microelectronics Corporation v. Apple, Inc.

Filing 427

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 9/14/2011)

Download PDF
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 (202) 205-1999. 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 (202) 205-2000. 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 (202) 205-1810. 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: _

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?