USITC almost addresses public interest inquiry

As part of a global dispute, Qualcomm sought an exclusion order at the U.S. International Trade Commission (ITC) barring Apple from importing certain products having Intel processors.  Last fall, an Administrative Law Judge (ALJ) found Apple to have infringed one claim of a Qualcomm patent.  But, the ALJ recommended against an exclusion order on the basis of public interest. Had the ITC affirmed the ALJ’s recommendation, it would have been the first time in over 30 years that the ITC denied an exclusion order on the basis of public interest.  In its Final Determination, however, the ITC dodged the public-interest issue altogether and instead held Qualcomm’s patent invalid.  See Certain Mobile Electronic Devices and Radio Frequency and Process Components Thereof.

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