19
Jan
By Eric Schweibenz
On January 15, 2010, Apple Inc. (formerly known as Apple Computer, Inc.) of Cupertino, California (“Apple”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Nokia Corporation of Finland and Nokia Inc. of White Plains, New York (collectively, “Nokia”) unlawfully import into the United States, sell for importation, and sell within the United States after importation certain mobile communication devices and computer devices and components thereof which allegedly infringe certain claims of U.S. Patent Nos. 5,379,431 (the ‘431 patent), 5,455,599 (the ‘599 patent), 5,519,867 (the ‘867 patent), 5,915, 131 (the ‘131 patent), 5,920,726 (the ‘726 patent), 5,969,705 (the ‘705 patent), 6,343,263 (the ‘263 patent), 6,424,354, and RE 39,486 (the RE ‘486 patent).

According to the complaint, the “technologies at issue relate generally to hardware and software used in a variety of devices, including mobile communications equipment.”  Specifically, the technologies at issue (1) in the ‘431, ‘867, ‘131, ‘705, ‘354, and RE ‘486 patents “relate to software used to implement operating systems,” (2) in the ‘599 patent “relate to a graphic system and corresponding management of graphic processing,” and (3) in the ‘726 and ‘263 patents “relate to hardware interfaces and power management techniques.”

In the complaint, Apple alleges that certain Nokia products, such as computing and mobile communication devices, including computers, cellular phones, and PDAs, as well as “software and Nokia devices (such as Nokia N900 and others) that incorporate such software including operating systems (such as the Symbian OS), user interfaces” infringe the asserted Apple patents.

With respect to related litigation, Apple alleges in the complaint that the ‘131, ‘431, RE ‘486, and ‘263 patents “are the subject of counterclaims by Apple (filed on December 11, 2009) to a patent infringement complaint brought by Respondent Nokia in Nokia Corporation v. Apple Inc. (on October 22, 2009), Civil Action 09-791-GMS, currently pending in the District of Delaware.”

Regarding the domestic industry requirement, Apple asserts that it meets such requirement through its "significant investments in physical operations, employment of labor and capital, and exploitation of the Asserted Patents.”

As to potential remedy, Apple requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed to Nokia.
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