FlashPoint Files New 337 Complaint Regarding Certain Electronic Imaging Devices
On May 14, 2010, FlashPoint Technology, Inc. of Peterborough, New Hampshire (“FlashPoint”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Nokia Corp. of Finland, Nokia, Inc. of Irving, Texas, Research In Motion Ltd. of Canada, Research In Motion Corp. of Irving, Texas, HTC Corp. of Taiwan, HTC America, Inc. of Bellevue, Washington, LG Electronics of South Korea, LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey, and LG Electronics MobileComm U.S.A., Inc. of San Diego, California (collectively, “Respondents”) unlawfully import, sell for importation, and sell within the U.S. after importation certain electronic imaging devices that infringe FlashPoint’s U.S. Patent Nos. 6,134,606 (the ‘606 patent), 6,163,816 (the ‘816 patent) and 6,262,769 (the ‘769 patent).
According to the complaint, the patents-in-suit relate to the operation of electronic imaging devices, such as digital cameras and cellular telephones containing digital cameras. In particular, the inventions relate to systems and methods for efficiently controlling the operating parameters of an electronic imaging device, for obtaining a set of capability parameters for an electronic imaging device, and for automatically rotating captured images displayed on a graphical user interface of a hand-held electronic imaging device as the device is rotated during a display mode.
In the complaint, FlashPoint alleges that Nokia Corp. and Nokia, Inc. import, sell for importation, and/or sell within the U.S. after importation the Nokia 5230 Nuron device that infringes certain claims of the ‘606, ‘816 and ‘769 patents. FlashPoint further alleges that Research In Motion Ltd. and Research In Motion Corp. (collectively, “RIM”) import, sell for importation, and/or sell within the U.S. after importation RIM’s Blackberry Storm2 9550 that infringes certain claims of the ‘606, ‘816 and ‘769 patents. FlashPoint further alleges that HTC Corp. and HTC America, Inc. import, sell for importation, and/or sell within the U.S. after importation the HTC Droid Incredible that infringes certain claims of the ‘606 patent, as well as the HTC myTouch3G that infringes certain claims of the ‘816 and ‘769 patents. FlashPoint further alleges that LG Electronics, Inc., LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc. import, sell for importation, and/or sell within the U.S. after importation the LG eXpo (GW820) phone that infringes certain claims of the ‘606 and ‘816 patents, as well as the LG Ally phone that infringes certain claims of the ‘769 patent.
Regarding domestic industry, FlashPoint states that all of its licensing revenue is derived from portfolio wide licenses that include the patents-in-suit, and that it has “significant employment of both labor and capital resources to maintain its licensing operations involving this portfolio.” According to FlashPoint, it has generated “significant licensing revenue” from its patents covering accused digital camera products, including the patents-in-suit, which have been licensed to 26 different companies. FlashPoint also asserts that a domestic industry exists due to its multiple domestic licensees’ (e.g., Apple Inc. and Eastman Kodak Co.) significant investment in plant and equipment, capital and labor, and research and development with respect to the patents-in-suit.
With respect to potential remedy, FlashPoint requests that the Commission issue a limited exclusion order directed to all Respondents and a cease-and-desist order directed to each domestic Respondent.
