The ITC announced on its web site Wednesday that the entire 6 member panel will review a previous decision made by Judge Thomas Pender. Pender ruled that Motorola Mobility's patent for a proximity sensor that prevents hang ups was not different
from a previous invention that prevented accidental dialing. But Motorola Mobility, a wholly owned subsidiary of Google, argued that prior art covered push-button technology while its patent dealt with touch screen devices. The ITC said that its review would focus on Motorola Mobility's use of the words "touch sensitive input device" which was used in its patent.
Because Judge Pender had invalidated
Motorola Mobility's patent, he had no choice but to rule that Apple did not infringe on the patent. The entire 6 member panel will now review the decision by Judge Pender with a decision due on April 22nd. If Motorola Mobility does win the case, it can seek a sales ban on the Apple iPhone.