WASHINGTON (CN) – Two Griffin Technology protective cases for Apple products violate Otter Products patents, an administrative law judge at the International Trade Commission found.
The Griffin Survivor for the iPad 2 and the Griffin Explorer for the iPhone 4 infringe on Otter’s patent for a multilayered case that protects electronic devices against shocks, moisture and dust, Judge Theodore Essex ruled.
Griffin was the last of 29 respondents in Otter’s March 2011 complaint to the ITC left standing by the time Judge Theodore Essex held an evidentiary hearing earlier this year.
Most respondents accepted default judgment rather than fight the complaint; several settled with Otter after fighting dual defensive actions before the ITC and in Denver Federal Court.
Judge Essex’s initial determination and recommendation for remedy are sealed while the two sides review it for proprietary information.
Otter, based in Fort Collins, Colo., wants Griffin ordered to stop importing the products and stop selling its inventory.
Under Section 337 of the Tariff Act, administrative law judges investigate allegations of intellectual property infringement against goods imported into the United States. Judges’ initial determinations and recommended remedies go to ITC commissioners for consideration.
If Essex’s determination and recommendation become final, President Barack Obama will have 60 days to review the decision. After the 60 days, ITC orders can be appealed only to the Court of Appeals for the Federal Circuit.
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