ITC Probes Mobile Gadgets for Patent Foul Play
Published Date: 9/3/2026
Notice
Summary
The U.S. International Trade Commission is rechecking part of a decision about certain mobile electronic devices that might have broken patent rules. This affects companies importing or selling these devices in the U.S., with possible changes to what’s allowed and how much money might be involved. They’re asking for opinions on fixes, public impact, and money guarantees soon, so stay tuned!
Analyzed Economic Effects
4 provisions identified: 1 benefits, 1 costs, 2 mixed.
Risk of U.S. Import Ban on Devices
The Commission could order an exclusion order that would bar the subject mobile electronic devices from entry into the United States and/or issue cease-and-desist orders requiring respondents to stop importing or selling those devices in the U.S. The ALJ recommended a limited exclusion order (LEO) and cease-and-desist orders (CDOs) if a violation is found.
60-Day Presidential Review and Bonding Rule
If the Commission orders a remedy, the U.S. Trade Representative has 60 days to act on the Commission's determination, and during that period subject articles may enter the United States under bond in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The ALJ recommended setting the bond at 0% during the Presidential review, and the Commission is seeking submissions about the bond amount.
Commission Review of Patent Findings
The Commission has decided to review in part the ALJ's final initial determination and is reviewing the entirety of the findings for U.S. Patent Nos. 11,490,004, 12,108,103, 11,509,953, and 11,445,241, and the economic prong of the domestic-industry requirement for U.S. Patent No. 8,130,280. This review could change which asserted patents are found to violate section 337.
Possible Repair/Warranty Exemptions in Remedy
The ALJ's recommended remedy, if the Commission finds a violation, included a limited exclusion order with service, warranty, and repair exemptions, and cease-and-desist orders against the respondents. Those exemptions could allow servicing, warranty work, and repairs to continue despite an exclusion order.
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Key Dates
Department and Agencies
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