We'll never get to see the Commission's analysis of the public interest factors in Mobile Electronic Devices, which would have provided much-needed guidance on how to apply the test in future cases.
After a pair of decisions yesterday, the Commission will get to put off taking a stand on the public interest in the Qualcomm–Apple dispute at least until July 26. And they may manage avoid to the issue altogether.
Arguments about how to apply the public interest factors in Mobile Electronic Devices (Inv. 1065) aren’t just about iPhones or 5G or national security. They’re also part of a larger debate over the proper role of injunctive relief as a remedy for patent infringement.
The Commission has received over a dozen third-party submissions commenting on a wide range of public interest issues. Some of the comments were a bit over the top.
A quick media roundup of R Street’s latest writing and talking on the ITC.