The Office of Unfair Import Investigations (“OUII”) respectfully submits this brief pursuant to the Notice of Commission Decision of May 28, 2013 to Review a Remand InitialDetermination; Schedule for Filing Written Submissions on Certain Issues Under Review and onRemedy, Bonding, and the Public Interest (“Notice”). The Commission has determined toreview the Remand Initial Determination in its entirety. (
Notice at 3.) The Commission hasinvited the parties to brief certain issues under review pertaining to U.S. Patent Nos. 7,479,949,RE41,922, and 7,789,697. (
Notice at 3-4.) The Commission has also expressed an interestin receiving written submissions that address the public interest factors in the context of thisinvestigation, including the effect on the public interest of remedial orders barring the entry and further distribution of the articles alleged to infringe the asserted patent claims and manners inwhich a remedy with respect to infringement be specifically tailored to avoid harm to the publicinterest. (
Notice at 4-5.) OUII’s position as to each of these issues is set forth below.
On July 5, 2011, Complainant Apple, Inc. (“Apple”) filed a complaint with theCommission pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. §1337. The complaint named Samsung Electronics Co., Ltd., Samsung Electronics America,Inc., and Samsung Telecommunications America, LLC (collectively “Samsung”) asRespondents and asserted claims 1, 3-6, and 9-20 of the ‘949 patent; claims 29-35 of the ‘922 patent; claims 1-3, 11-16, and 21-27 of the ‘697 patent; claims 1-4 and 8 of the ‘501 patent;and claims 1, 4, 7, 9, 11, 12, 15-17, 19, and 20 of the ‘533 patent, as well as the claim of the
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