Appeal Likely in Decision Exonerating Samsung of Section 337 Violations

Both sides “will likely appeal on many fronts” Tuesday's initial determination (login required) at the International Trade Commission that Samsung committed no Tariff Act Section 337 violations by importing smartphones alleged to have infringed four patents asserted by flexible electronics manufacturer Dynamics (see 2103160051), said Dynamics attorney Robert Morris of Eckert Seamans. “We agree that Administrative Law Judge Cameron Elliot "got so much right; but there are some technicalities that may have gotten lost in the shuffle and we are confident the Commission will address those in our favor,” said Morris Tuesday. Elliot’s decision becomes the determination of full ITC in 60 days unless at least one party files a petition for review. Though Elliot said Samsung “directly infringes” a dozen Dynamics claims among the four patents asserted, he also ruled many other patent claims were invalid, and said Dynamics failed to satisfy Section 337's U.S. domestic industry requirement in all but one of the patents. Samsung didn’t comment Wednesday.