On December 2, 2011, Digitude Innovations LLC of Alexandria, Virginia (“Digitude”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain portable communication devices that infringe one or more claims of U.S. Patent Nos. 5,926,636 (the ‘636 patent), 5,929,655 (the ‘655 patent), 6,208,879 (the ‘879 patent), and 6,456,841 (the ‘841 patent) (collectively, the “asserted patents”):
- Research In Motion Ltd. of Canada
- Research In Motion Corp. of Irving, Texas
- HTC Corporation of Taiwan
- HTC America, Inc. of Bellevue, Washington
- LG Electronics, Inc. of South Korea
- LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey
- LG Electronics MobileComm U.S.A., Inc. of San Diego, California
- Motorola Mobility Holdings, Inc. of Libertyville, Illinois
- Samsung Electronics Co., Ltd. of South Korea
- Samsung Electronics America, Inc. of Ridgefield Park, New Jersey
- Samsung Telecommunications America, LLC of Richardson, Texas
- Sony Corporation of Japan
- Sony Corporation of America of New York, New York
- Sony Electronics, Inc. of San Diego, California
- Sony Ericsson Mobile Communications AB of Sweden
- Sony Ericsson Mobile Communications (USA) Inc. of Research Triangle Park, North Carolina
- Amazon.com, Inc. of Seattle, Washington
- Nokia Corporation of Finland
- Nokia Inc. of Irving, Texas
According to the complaint, the asserted patents generally relate to portable communication technology. In particular, the ‘636 patent relates to a remote procedural call component management method for a heterogeneous computer network. The ‘655 patent relates to methods and apparatuses for providing dual-purpose I/O circuits, wherein each of the dual-purpose I/O circuits can be configured to support either one, or both, single-ended and differential I/O signaling modes. The ‘879 patent relates to a mobile information terminal that has more than one mode, such as a telephone mode and an information terminal mode. Lastly, the ‘841 patent relates to a mobile communication apparatus capable of notifying a user of the presence of unopened message information, such as a text message or voice mail.
In the complaint, Digitude states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically identifies a number of allegedly infringing products associated with the various Proposed Respondents.
Regarding domestic industry, Digitude states that it maintains a domestic industry through the activities of a domestic licensee. According to the complaint, the domestic licensee practices at least one claim of each of the asserted patents in the U.S. The details of the domestic licensee’s activities are provided in Confidential Exhibits and are not discussed in the body of the complaint.
With respect to potential remedy, Digitude requests that the Commission issue a limited exclusion order and a cease and desist order directed at the Proposed Respondents.