By Eric Schweibenz and Alex Englehart
On November 30, 2017, Qualcomm Inc. of San Diego, California (“Qualcomm”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Apple Inc. of Cupertino, California (“Apple”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain mobile electronic devices and radio frequency and processing components thereof that infringe one or more claims of U.S. Patent Nos. 9,154,356 (the ’356 patent), 9,473,336 (the ’336 patent), 8,063,674 (the ’674 patent), 7,693,002 (the ’002 patent), and 9,552,633 (the ’633 patent (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to radio frequency (RF) and processing components used in mobile electronic devices. In particular, the ’356 patent relates to RF transceivers using low-noise amplifiers to support carrier aggregation. The ’336 patent relates to RF transceivers for use with carrier aggregation technology. The ’674 patent relates to an improved power up / power down detector for computing devices with integrated circuits requiring multiple voltages. The ’002 patent relates to an improved memory array design that saves power. Lastly, the ’633 patent relates to depth-based image enhancement, and specifically the use of depth computed from multiple images.

In the complaint, Qualcomm states that Apple imports and sells products that infringe the asserted patents. The complaint specifically refers to the Apple iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, and iPhone X as infringing products.

Regarding domestic industry, Qualcomm states that many of its own products and components practice claims of each of the asserted patents. Qualcomm further states that it employs more than 18,000 people in the U.S., 68 percent of whom are engineers. Qualcomm also states that its domestic industry products are all designed, developed, tested, and supported by Qualcomm in the U.S., where Qualcomm occupies 92 buildings totaling over 6.5 million square feet of space.

As to related litigation, Qualcomm states that on November 29, 2017, it filed a complaint against Apple in the U.S. District Court for the Southern District of California alleging infringement of the asserted patents. Qualcomm also refers to various other litigations between Qualcomm and Apple that do not involve the asserted patents.

With respect to potential remedy, Qualcomm requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Apple and related entities.