On February 23, 2009, Saxon Innovations, LLC of Tyler, Texas filed a complaint requesting that the ITC commence an investigation pursuant to section 337.
The complaint alleges that Samsung Electronics Co., Ltd of Korea, Samsung Electronics America, Inc. of Ridgefield Park, New Jersey, and Samsung Telecommunications America, LLP of Richardson, Texas (collectively, “Samsung”) imports into the U.S. (in addition to sale for importation into the U.S. and/or sale within the U.S. after importation) certain electronic devices including handheld, wireless communications devices that infringe certain claims of U.S. Patent No. 5,235,635; 5,530,597, and 5,608,873.
Other than including Samsung (and allegations relating thereto), Saxon’s February 23, 2009 complaint is identical to Saxon’s December 19, 2008 complaint filed against:
• Nokia Corp. of Finland;
• Nokia, Inc., of Irving, Texas;
• Research In Motion Ltd. of Canada;
• Research In Motion Corp. of Irving, Texas;
• High Tech Computer Corp. of Taiwan;
• HTC America, Inc., of Bellevue, Washington;
• Palm, Inc. of Sunnyvale, California;
• Panasonic Corporation of Japan;
• AVC Networks Company of Japan;
• Panasonic Corp. of North America of Secaucus, New Jersey; and
• Panasonic Consumer Electronics Co. of Secaucus, New Jersey.
Regarding Saxon’s first complaint, on January 15, 2009, the ITC instituted Certain Electronic Devices, Including Handheld Wireless Communications Devices (Inv. No. 337-TA-667) and this case is currently pending.
Saxon’s second complaint appears to have been filed in direct response to ALJ Rogers’ February 18, 2009 Order denying Saxon’s motion to amend its complaint to add Samsung as respondents in the pending 337-TA-667 investigation.