Agree no appeal. Let's move on...
ITC Section 337 was the wrong venue for our case.
What was Leckrone's strategy at the ITC venue if he knew, "U.S. courts have ruled that such patents cannot be the basis for import bans."
“Obama is against import bans on the basis of the type of patent at issue in the Samsung case. The White House has recommended that Congress limit the ITC's ability to impose import bans in these cases”
“U.S. courts have ruled that such patents cannot be the basis for import bans. The International Trade Commission follows a different standard than the courts, but the Obama administration wants it to adhere to the same principles.”
http://gadgets.ndtv.com/mobiles/news/obama-administration-overturns-us-import-ban-on-some-iphones-ipads-401092
Section 337
(g) Within nine months of publication of the notice in the Federal Register (fourteen months in more complicated cases), the administrative law judge is required to issue an initial decision, comprising, in patent-based cases, findings of fact and conclusions of law about the validity and enforceability of the patent in question, the infringement of the patent if it is found valid, and on whether any such violation has the effect or tendency (i) to destroy or substantially injure an industry efficiently and economically operated in the United States, or (ii) to prevent the establishment of such an industry.
http://www.sice.oas.org/dispute/gatt/87tar337.asp
NPE Complainants less likely to prevail at ITC than US District Courts
http://agoracom.com/ir/patriot/forums/discussion/topics/572592-npe-complainants-less-likely-to-prevail-at-itc-than-us-district-courts/messages/1798289