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ITC Considers LEO & C/D Order Against Apple in Section 337 Investigation of Wireless Devices Brought by Motorola

The International Trade Commission is considering the effect a limited exclusion order with respect to respondent Apple Inc.’s accused products and a cease and desist order directed against Apple in its Section 3371 investigation of certain wireless communication devices, portable music and data processing devices, computers and components thereof (337-TA-745) would have upon the public health and welfare, competitive conditions in the U.S., and U.S. consumers, in light of a May 9, 2012 administrative law judge’s recommended determination on remedy and bonding.

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Written submissions are due by close of business on June 6, 2012.

(See ITT’s Online Archives 10110457 for summary of the ITC’s institution of this investigation, which is based on a complaint filed by Motorola Mobility that alleges violations of section 337 in the importation into the U.S. and sale of certain wireless devices, portable music and data processing devices, computers and components thereof by Apple, Inc.)

1Section 337 investigations conducted by ITC most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods. The primary remedy available in Section 337 investigations is an exclusion order that directs Customs to stop infringing imports from entering the U.S. In addition, ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337.

ITC Contact: Lisa Barton (202) 205-2000