20
Jan
By Eric Schweibenz
On January 19, 2010, Toshiba Corporation of Japan (“Toshiba”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Wistron Corporation of Taiwan, Wistron InfoComm (Texas) Corporation of Grapevine, Texas, and Wistron InfoComm Technology (America) Corporation of Flower Mound, Texas (collectively “Wistron”) unlawfully import into the United States, sell for importation, and/or sell within the United States after importation certain notebook computer products which allegedly infringe certain claims of U.S. Patent Nos. 7,156,693 (the ‘693 patent) and 5,430,867 (the ‘867 patent).

According to the complaint, the “accused products and the Toshiba products that practice the Asserted Patents are notebook computer products that include certain touchpad and security features.”  Specifically, the ‘693 patent “is directed to an electronic pointing device that is disposed entirely inside the housing of an electronic apparatus, such as a notebook computer.”  Further, the ‘867 patent “is directed to systems and methods for saving the contents of a computer when the power is switched off and for protecting the saved contents of the computer from unauthorized used when the power is switched on again.”

In the complaint, Toshiba alleges that certain Wistron products, including the Aspire 4810 notebook computer products, infringe the asserted patents.  Toshiba further alleges that the Wistron accused products “are manufactured, assembled, and/or packaged outside of the United States.”

Regarding related litigation, Toshiba alleges that the ‘867 patent was previously asserted in the U.S. District Court for the Central District of California against Trigem Computer, Inc.  According to the complaint, the Trigem litigation ended in a settlement.  Toshiba further asserts that both the ‘867 and ‘693 patents (as well as two other patents) are the subject of a concurrently filed complaint in the U.S. District Court for the Central District of California against Wistron.

With respect to the domestic industry requirement, Toshiba asserts that certain Toshiba-branded notebook computer products are covered by one or more claims of the asserted patents.  Toshiba further alleges that an “indirect subsidiary” of Toshiba “conducts significant domestic industry activities in the United States relating to products practicing the Asserted Patents” including “significant employment of labor and/or capital in the United States.”

As to potential remedy, Toshiba requests that the Commission “issue orders pursuant to 19 U.S.C. § 1337(d)” and “issue orders pursuant to 19 U.S.C. § 1337(f)” directed to Wistron.
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