By Eric Schweibenz
On March 5, 2012, Graphics Properties Holdings, Inc. of New Rochelle, New York (“GPH”) 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 consumer electronics and display devices and products containing same that infringe one or more claims of U.S. Patent Nos. 6,650,327 (the ‘327 patent), 6,816,145 (the ‘145 patent), and 5,717,881 (the ‘881 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

  • Apple Inc. of Cupertino, California (“Apple”)

  • Samsung Electronics Co., Ltd. of South Korea

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

  • Samsung Telecommunications America, L.L.C. 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 Atlanta, Georgia

According to the complaint, the asserted patents generally relate to technology used in consumer electronics and display devices.  In particular, the ‘327 patent relates to a display system and process where geometry, rasterization, and frame buffer values are predominantly determined by floating point numbers.  The ‘145 patent relates to a liquid crystal flat panel display monitor with a wide aspect ratio that is particularly well suited for the display of text, graphics, and other types of still and/or motion audio/visual works.  Lastly, the ‘881 patent relates to a computer data processing apparatus including an instruction set adapted to issue one and two parcel instructions.

In the complaint, GPH states that the Proposed Respondents import and sell products that infringe the asserted patents.  The complaint specifically identifies a number of infringing products associated with the various Proposed Respondents.

Regarding domestic industry, GPH states that it has an extensive domestic licensing program focusing on the asserted patents.  According to the complaint, GPS invests heavily in the exploitation of its technologies and patents, including the asserted patents, through its extensive licensing activities.  GPH states that it employs licensing professionals in the U.S. that work alongside intellectual property counsel in evaluating licensing opportunities in the consumer electronics and display devices industry.  GPH also states that a domestic industry exists based on the activities of its domestic licensees.  In particular, GPH states that it licenses the asserted patents to Microsoft Corporation (“Microsoft”), International Business Machines Corporation (“IBM”), and Motorola Mobility Holdings, Inc. (“Motorola”), and that Microsoft, IBM, and Motorola make use of the technology claimed in the asserted patents in various products.

As to related litigation, GPH states that after filing its original ITC complaint on November 17, 2011 (see our November 18, 2011 post for more details), it filed analogous actions in the U.S. District Court for the District of Delaware alleging that the Respondents named in the original complaint infringe the asserted patents.  Additionally, GPH states that Apple has filed declaratory judgment actions against GPH in the U.S. District Court for the Northern District of California.

With respect to potential remedy, GPH requests that the Commission issue a limited exclusion order and a cease and desist order directed at the domestic Proposed Respondents.