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Apple filed a Section 337 complaint against Motorola asserting US 7,812,828, US 7,663,607, and US 5,379,430. The ALJ found literal infringement of the asserted '607 claims but held them invalid; the Commission affirmed invalidity under §103 and terminated the investigation with no violation.
Apple appealed the ITC's determination in Inv. No. 337-TA-750. The Federal Circuit affirmed anticipation of '607 claims 1–7, reversed anticipation of claim 10, vacated the obviousness ruling for failure to weigh objective evidence, and reversed and remanded the '828 claim construction.
On remand from the Federal Circuit, the ITC conducted Phase 1 of the remand in Inv. No. 337-TA-750. The investigation was terminated on June 16, 2014, with no violation of Section 337 and no exclusion order.
'828 was among the patents in suit and was expressly included in the court's claim-construction order (Dkt. 849, construing '711, '002, '381, '607, '828, '915, '891) and in Apple's Patent L.R. 4-5 submissions. It was not among the utility patents tried to the August 2012 jury verdict and produced no infringement verdict.