updated 07:10 pm EDT, Tue October 16, 2012
Judge Pender no stranger to complaints involving Apple
According to court filings made public today, International Trade Commission Administrative Law Judge Thomas B. Pender has moved the investigation of Apple's complaint against Samsung. October 25 is the new date of the investigation, with a final ruling target date four months later, on February 25, 2013. The ITC investigation involves the same list of products as the recent jury trial ruling that awarded Apple $1.05 billion dollars.
Judge Pender has shifted the target date due to his own caseload. Including all of his other cases, he still has two cases involving Apple -- a complaint filed by HTC, and another by its affiliate VIA Technologies.
Where the Federal court can award damages for infringement and only rarely imposes injunctive relief with product bans, the ITC frequently imposes embargoes on intellectual property-infringing products, but is unable to apply financial penalties. Products that Apple fails to obtain a ban on in federal court may be ruled infringing in ITC court, and win a ban there.