The U.S. International Trade Commission’s ruling that found some of Apple’s products infringing on a Motorola Wi-Fi patent will be put under the regulatory body’s review, with a final decision due in late August.
Motorola’s lawsuit against Apple alleged infringement of four patents, out of which only one was found to be violated by the ITC judge. This preliminary ruling was given April earlier this year.
The decision to review was taken due to appeals by both, Apple and Motorola, as AllThingsD explains:
Motorola appears to be looking for a standard review concerning claim construction, infringement, validity and domestic industry.
Meanwhile, Apple has made the same request, but it’s also angling for a review of patent unenforceability. That’s worth noting, because the patent on which Motorola originally won this case is a standards-essential one that Apple alleges Motorola refuses to license under fair and reasonable terms. [FRAND]
To gather momentum against Motorola and back up its FRAND allegations, Apple is building up support from outside, getting companies like Nokia, HP and Verizon to file public statements supporting Apple’s stance.
The ITC has the authority to fully ban imports of a products that is found to infringe patents, but the commission says that it will take into account public interest before delivering any decision to ban sales of iPhones or iPads.
A few days ago, a judge dismissed another patent case between Apple and Motorola.