USITC to investigate Apple Macs and iPhones
The US International Trade Commission (ITC) has instituted a probe into Apple over its Mac computers, iPhones, iPads, iPods and Apple TVs.
The investigation, which was announced yesterday, November 14, is based on a complaint filed by California-based companies Aqua Connect and Strategic Technology Partners.
In October, Aqua Connect and Strategic filed their complaint with the ITC, alleging that Apple was infringing US patent numbers RE46,386 and 8,924,502.
It claimed that Apple had worked closely with Aqua Connect on development and sales of Aqua Connect’s remote desktop and terminal services application, but that in early 2011, “Apple—abruptly and without explanation—stopped cooperating with Aqua Connect”.
According to the complaint, Apple then launched a new major release of its operating system, known as Lion.
Lion included a “redesigned remote desktop and terminal server solution called ‘Screen Sharing’”, which allegedly used Aqua Connect’s patented technology without permission.
Aqua Connect added that its Ignision Server product directly competes with and could entirely replace the functionality of Apple’s allegedly infringing “Screen Sharing” functionality. It went on to say that it has the capacity to increase the distribution of the product.
The complaint added: “Accordingly, consumers would have access to competitive products from complainants and from other suppliers.”
Aqua Connect is seeking a temporary exclusion order and a temporary cease-and-desist order based on a motion for temporary relief, and that the ITC ultimately issue a limited exclusion order and a cease-and-desist order.
The ITC’s chief administrative law judge will assign the case to one of the agency’s administrative law judges (ALJs), who will schedule and hold an evidentiary hearing.
Then, the ALJ will make an initial determination of whether there is a violation of section 337, with the initial determination being subject to review by the commission.
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