ID Granting Motion for Summary Determination

On November 16, 2009 ALJ Charneski issued the public version of his October 15, 2009 initial determination granting complainant Saxon Innovations, LLC’s motion for summary determination that it has met both the technical and economic prongs of the domestic industry requirement and denying respondents motion for summary determination that Saxon had failed to satisfy this requirement in Inv. No. 337-TA-673, In the Matter of Certain Electronic Devices, Including Handless, Wireless Communication Devices. ALJ Charneski noted that the Commission has long held that the activities of a licensee may be considered in the domestic industry inquiry under section 337. As a result, the ten-year license agreement between Saxon and Motorola concerning the patents at issue, U.S. Patent Nos. 5,530,097 and 5,608,873, as well as Motorola’s engineering and research and development activities could satisfy the domestic industry requirement. (PDF)