On August 31, 2011, Openwave Systems Inc. of Redwood City, California (“Openwave”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Apple Inc. of Cupertino, California (“Apple”) and Research In Motion Ltd. of Canada and Research In Motion Corp. of Irving, Texas (the latter two parties, collectively, “RIM”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain devices for mobile data communication that infringe certain claims of U.S. Patent Nos. 6,233,608 (the ‘608 patent), 6,289,212 (the ‘212 patent), 6,405,037 (the ‘037 patent), 6,430,409 (the ‘409 patent), and 6,625,447 (the ‘447 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to mobile data communication technology.  In particular, the ‘608 patent relates to a method and system for securely interacting with managed data from multiple devices.  The ‘212 patent relates to a method and apparatus for providing electronic mail services during network unavailability.  The ‘037, ‘409, and ‘447 patents relate to a method and architecture for an interactive two-way data communication network. 

In the complaint, Openwave states that Apple and RIM import and sell products that infringe the asserted patents.  The complaint specifically names the Apple iPhone 3G, 3GS, and 4, iPod Touch, and iPad 1 and 2 and the RIM Blackberry Curve 9330 and Blackberry PlayBook as infringing products.

Regarding domestic industry, Openwave states that its Richmail 4.0 and Amplicity products are covered by the asserted patents.  As to the economic prong, Openwave states that it has made and continues to make substantial investments in the U.S. in the exploitation of the asserted patents, including domestic engineering and research and development relating to articles protected by the asserted patents.  Openwave further states that it has engaged in substantial licensing activities relating to the asserted patents.

As to related litigation, Openwave states that on July 31, 2009, it filed a complaint for patent infringement against 724 Solutions (US) Inc. and 724 Solutions Software Inc. in the U.S. District Court for the Northern District of California, asserting infringement of the ‘409 patent and others.  Openwave states that the parties entered into a settlement and license agreement and that the district court dismissed all claims with prejudice on October 18, 2010.  Additionally, Openwave states that, concurrently with the filing of the instant ITC complaint, it filed a complaint in the U.S. District Court for the District of Delaware alleging that Apple and RIM infringe the asserted patents. 

With respect to potential remedy, Openwave requests that the Commission issue a permanent exclusion order and permanent cease and desist orders directed at Apple, RIM, their affiliates, and others acting on their behalf.