US International Trade Commission Partially Reviews FID on Patent Violation Investigation Involving Samsung

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On September 3, 2026, the U.S. International Trade Commission (USITC) announced a decision to review parts of a Final Initial Determination (FID) in a patent infringement case. This case involves certain mobile electronic devices. The Commission is specifically revisiting key findings regarding Samsung Electronics.

Background of the Investigation

The investigation began on January 23, 2025. It was initiated by a complaint from Maxell, Ltd., a company based in Kyoto, Japan. Maxell claims Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. violated section 337 of the Tariff Act of 1930. This law deals with unfair practices in import trade. Maxell alleges that Samsung has imported mobile devices infringing on several patents.

Focus on Specific Patents and Claims

The investigation looks into several patents. These include U.S. Patent Nos. 8,130,280 (‘280’), 11,490,004 (‘004’), 11,750,915 (‘915’), 11,509,953 (‘953’), 12,108,103 (‘103’), and 11,445,241 (‘241’). The FID issued by the Administrative Law Judge found a violation concerning the ‘004 patent but not the others.

Major Actions and Decisions

  • Judicial Notice and Briefing Disputes: In May 2026, Samsung requested judicial notice of a Final Written Decision (FWD) by the Patent Trial and Appeal Board (PTAB), which found certain claims of the ‘241 patent unpatentable. This request was granted, but Samsung’s motion for supplemental briefing was denied.
  • Final Initial Determination: The FID, dated July 1, 2026, concluded:
    • A violation of section 337 for the ‘004 patent.
    • No violation for the ‘280, ‘103, ‘953, and ‘241 patents.
    • Consideration for a limited exclusion order and cease-and-desist orders against Samsung.

Commission’s Current Review

The Commission has decided to review:

  • The findings related to the ‘004, ‘103, ‘953, and ‘241 patents completely.
  • The economic aspect concerning the ‘280 patent.

Additional Submissions from Parties

The Commission requests further clarification on certain technical points:

  • The meaning of “frame” in the ‘004 patent.
  • Differences in how redesigned products use the focus setting region.
  • The interpretation of display requirements in the claim language.

Public Interest Concerns

Both Maxell and Samsung have submitted statements on public interest. Maxell believes public interest does not oppose excluding infringing Samsung products. Conversely, Samsung thinks public interest factors argue against providing such a remedy.

Next Steps and Deadlines

Parties and interested agencies must submit written responses on remedy, public interest, and bonding by September 14, 2026. Replies are due by September 21, 2026. The Commission will consider these submissions carefully as it finalizes its review of the FID.

The USITC continues to serve its role in regulating trade practices, ensuring compliance with U.S. laws, and considering the greater public interest in such matters.


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