On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994. The ID invalidated all of the asserted claims for lack of patentable subject matter under 35 U.S.C. § 101, and terminated the investigation. This decision resulted from an early evidentiary hearing, conducted by order of the Commission within 100 days of its Notice of Institution under its “pilot program.” 81 Fed. Reg. 29307 (May 11, 2016).
The ID has implications related both to the implementation of the 100 day pilot program and continually developing Alice jurisprudence. For a more in depth discussion of those issues, please see our client alert here.