By Eric Schweibenz
On June 27, 2013, Pragmatus Mobile, LLC of Alexandria, Virginia (“Pragmatus”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Pantech Co., Ltd. of South Korea and Pantech Wireless, Inc. of Atlanta, Georgia (collectively, “Pantech”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wireless devices, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 8,149,124 (the ‘124 patent) and 8,466,795 (the ‘795 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to personal security and tracking systems for mobile devices.  In particular, the ‘124 patent relates to a method for tracking a mobile device through Global Positioning System (GPS) signals.  The ‘795 patent relates to a cellular device that may include a variety of components.

In the complaint, Pragmatus states that Pantech imports and sells products that infringe the asserted patents.  The complaint specifically refers to Pantech’s Discover device as an infringing product.

Regarding domestic industry, Pragmatus states that a domestic industry exists by virtue of Pragmatus’s extensive domestic licensing activities focused on the asserted patents.  Pragmatus states that it employs a management team that includes licensing professionals and intellectual property counsel in the U.S.  In addition, Pragmatus states that a domestic industry exists based on the activities of its licensees in the U.S., including HTC Corporation and HTC America Inc. (collectively, “HTC”), LG Electronics, Inc. and its U.S. subsidiaries (collectively, “LG”), and an additional U.S. corporation.  Pragmatus states on information and belief that HTC’s and LG’s smartphone product lines incorporate technology protected by the asserted patents.

The complaint states on information and belief that there has been no other litigation involving the asserted patents.

With respect to potential remedy, Pragmatus requests that the Commission issue a permanent limited exclusion order and a cease and desist order directed at Pantech Wireless, Inc. and its successors and assigns.

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