By Eric Schweibenz
On January 2, 2013, InterDigital Communications, Inc. of King of Prussia, Pennsylvania, InterDigital Technology Corp. of Wilmington, Delaware, IPR Licensing, Inc. of Wilmington, Delaware, and InterDigital Holdings, Inc. of Wilmington, Delaware (collectively, “InterDigital”) 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 wireless devices with 3G and/or 4G capabilities and components thereof that infringe one or more claims of U.S. Patent Nos. 7,190,966 (the ‘966 patent), 7,286,847 (the ‘847 patent), 8,009,636 (the ‘636 patent), 7,706,830 (the ‘830 patent), 7,941,151 (the ‘151 patent), 7,616,970 (the ‘970 patent), and 7,502,406 (the ‘406 patent) (collectively, the “asserted patents”):

  • Samsung Electronics Co., Ltd. of South Korea

  • Samsung Electronics America, Inc. of Ridgefield Park, New Jersey

  • Samsung Telecommunications America, LLC of Richardson, Texas

  • Nokia Corporation of Finland

  • Nokia Inc. of White Plains, New York

  • ZTE Corporation of China

  • ZTE (USA) Inc. of Richardson, Texas

  • Huawei Technologies Co., Ltd. of China

  • Huawei Device USA, Inc. of Plano, Texas

  • FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA) of Plano, Texas

According to the complaint, the asserted patents generally relate to wireless devices and systems with 3G and/or 4G capabilities—including LTE—and components thereof.  In particular, the ‘966 and ‘847 patents relate to improvements to the way a mobile device gains access to a cellular CDMA system.  The ‘970 patent relates to a technique for communication between user equipment and one or more wireless networks.  The ‘151 patent relates to an improvement in the provision of control information to devices operated in a wireless communications environment, such as on an LTE-based wireless communications network.  The ‘830 and ‘636 patents relate to improvements to the way a subscriber unit gains access to a cellular CDMA system.  Lastly, the ‘406 patent relates to improved automatic power control for a CDMA system.

In the complaint, InterDigital states that the Proposed Respondents import and sell products that infringe the asserted patents.  The complaint specifically refers to the Samsung ATIV S, Galaxy Note, Galaxy Note II, Galaxy Note 10.1, Galaxy S III, Galaxy Stellar, Galaxy Tab II (10.1), SCH-LC11, and 4G LTE Mobile Hotspot; the Nokia Lumia 820, Lumia 822, and Lumia 920; the ZTE 4G Hotspot, Avail, Flash, and JetPack 890L; and the Huawei Activa 4G, E368 USB Connect Force 4G, MediaPad (S7 Pro), Unite, and HUA U8680 MYTOUCH as infringing products.

Regarding domestic industry, InterDigital states that it has made substantial U.S. investments in licensing the asserted patents through investments in personnel and resources to monitor the market, identify potential manufacturers and users of its wireless communications technology, establish contacts with these potential manufacturers and users, provide pre-licensing technical services, negotiate licenses, monitor licensee compliance with the licensing program, and enforce and litigate InterDigital’s rights when necessary.  InterDigital states that its licensing program was previously considered by the Commission in Inv Nos. 337-TA-601 and 337-TA-613, and that the Commission found a domestic industry in both of those investigations.  InterDigital further states that it has continued to invest in its licensing activities since the decisions in the 601 and 613 investigations.  In addition, InterDigital states that it has invested steadily and substantially in research and development designed to exploit the inventions of the asserted patents.

As to related litigation, InterDigital states that, concurrently with the filing of the instant ITC complaint, it also filed complaints in the U.S. District Court for the District of Delaware alleging that the Proposed Respondents infringe the asserted patents.  InterDigital further states that there have been several proceedings in the past that involved one or more patents related to the asserted patents.  InterDigital also refers to the 601 and 613 investigations at the ITC, which involved, inter alia, the ’847 and ‘966 patents.  InterDigital further refers to Inv. No. 337-TA-800, which involves the ‘636, ‘830, ‘970, and ‘406 patents and includes as Respondents many of the same entities listed as Proposed Respondents in the instant complaint.  See our August 29, 2011 post for more details.  According to the complaint, the evidentiary hearing in the 800 investigation is set for February 22, 2013.

With respect to potential remedy, InterDigital requests that the Commission issue a permanent exclusion order and permanent cease and desist orders directed at the Proposed Respondents.