“Last week I reported on the fact that Administrative Law Judge (ALJ) Thomas Pender made a remand initial determination (preliminary ruling on remand issues) concerning Apple’s complaint against Samsung,” Florian Mueller reports for FOSS Patents. “The preliminary ruling itself has now become available on the ITC’s document system, and I’ll discuss it in this post. For more detail on the procedural situation (the next step is now going to be a Commission review of the entirety of the original initial determination) let me refer you to the post I just linked to.”
“I had already said in my commentary on the remand notice that the scope of the remand was an opportunity for Apple to ‘broaden its preliminary win with respect to two patents,'” Mueller reports. “The review that is going to commence shortly is mostly an opportunity for Samsung to narrow or overturn Apple’s win. (The remand proceedings were handled by Judge Pender, while the review will be conducted by the Commission, the six-member decision-making body at the top of the U.S. trade agency.)”
Mueller reports, “The broadening of Apple’s preliminary win occurred with respect to one of the two patents (the more important one in my view), but not the other.”
Read more in the full article here.