Nokia Files New 337 Complaint Regarding Certain Portable Electronic Communications Devices, Including Mobile Phones

On May 23, 2013, Nokia Corporation of Finland and Nokia Inc. of Sunnyvale, California (collectively, “Nokia”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that HTC Corporation of Taiwan and HTC America, Inc. of Bellevue, Washington (collectively, “HTC”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain portable electronic communications devices, including mobile phones and components thereof that infringe one more claims of U.S. Patent Nos. 6,035,189 (the ‘189 patent), 6,373,345 (the ‘345 patent), 6,711,211 (the ‘211 patent), 7,187,945 (the ‘945 patent), 8,140,650 (the ‘650 patent), and 8,363,824 (the ‘824 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents “are a reflection of the breadth of Nokia’s extensive dedication and investment in technology.”  In particular, the ‘189 patent relates to a device that has the ability to add new services made available by a telecommunications system.  The ‘345 patent relates to a modulator structure that is suitable for use in mobile stations that are required to operate in multiple frequency bands.  The ‘211 patent relates to methods for encoding and decoding video information.  The ‘945 patent relates to a technology that facilitates band selection and mode switching in multi-standard and multi-band wireless communications devices.  The ‘650 patent relates to a method for an external managing entity to arrange use of configurations in a device with multiple configuration data sets.  Lastly, the ‘824 patent relates to a portable electronic device that includes a user input, an engine, a battery, and a housing.

In the complaint, Nokia states that HTC imports and sells products that infringe the asserted patents.  The complaint specifically refers to the HTC One S, One V, One X, Evo 4G LTE, Droid Incredible 4G LTE, Droid DNA, One X+, One VX, First, and One as infringing products.

Regarding domestic industry, Nokia states that at least four of its mobile phones that are offered in the U.S.—the Lumia 810, Lumia 820, Lumia 822, and Lumia 920—practice one or more of the asserted patents.  Nokia further states that it has spent millions of dollars in the U.S. to create, test, and support these models for use by U.S. consumers.  Nokia specifically refers to a facility in San Diego, California, where it has conducted research and development and testing activities related to these mobile phones.  Nokia also refers to other facilities in Texas, California, and Washington.  Nokia further states that it has over 1500 U.S.-based employees, many of whom were specifically involved in the development and testing of the mobile phones that practice the asserted patents.

As to related litigation, Nokia states that it previously asserted the ‘345 patent against Apple Inc. in the U.S. District Court for the Western District of Wisconsin, but that that case was terminated based on a settlement agreement in June 2011.

With respect to potential remedy, Nokia requests that the Commission issue a permanent exclusion order and permanent cease and desist orders directed at HTC and related entities.

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