"Still a lot to play out. We'll see, but as big a bummer as the ITC ruling was, I'd say the upcoming MSJ ruling is more critical. " Absolutley!

It was the law to reject at the ITC.

Companies license patented technology to competitors so the devices can communicate as part of an industry standard for cellphones. Under the "standards-essential patent" legal theory prevailing in federal courts, holders of such patents are obligated to license them to all comers on "fair, reasonable and non-discriminatory" terms.

U.S. courts have ruled that such patents cannot be the basis for import bans. The International Trade Commission follows a different standard than the courts, but the Obama administration wants it to adhere to the same principles.

http://finance.yahoo.com/news/obama-administration-overrules-apple-import-201409464.html

By MarketWatch

SAN FRANCISCO -- The Obama administration on Saturday vetoed a U.S. trade body's ban on the sale of some Apple [s:aapl]iPhones and iPads, a rare move that upends a legal victory for smartphone rival Samsung Electronics Co., The Wall Street Journal reported. U.S. Trade Representative Michael Froman made the decision to veto the ban on the Apple devices, citing concerns about patent holders gaining "undue leverage," according to the Journal report. He said Samsung could continue to pursue its patent rights through the courts. The action marked the first time since 1987 that a presidential administration had vetoed a product ban ordered by the U.S. International Trade Commission. The ITC had ordered the ban on some older-model Apple iPhones and iPads in June after finding the products infringed a Samsung patent, The Journal said.

http://www.marketwatch.com/story/us-overturns-itc-sale-ban-on-some-apple-devices-2013-08-03

"It is further held that a domestic industry exists that practices U.S. Patent No. 5,809,336"

A huge add on by the ALJ in my opinion! In other words, you have something here, go pursue it in the NDoC. That is our next step and the proper venue for infringement as encouraged by the U.S. Trade Representative, Michael Froman and the Obama administration.

http://www.ustr.gov/sites/default/files/08032013%20Letter_1.PDF

NDoC

Nine out of ten claim constructions in our favor?

Otteson team gets a second chance to get everything right.

Trial only two weeks out.

New Judge w/jury.

GLAL