25
Jan
By Eric Schweibenz
On January 22, 2010, Motorola, Inc. of Schaumburg, Illinois (“Motorola”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the proposed respondents, Research in Motion, Ltd. of Canada, and Research In Motion Corp. of Irving, Texas (collectively, “RIM”) unlawfully import into the United States, sell for importation, and/or sell within the United States after importation certain wireless communication system server software, wireless handheld devices and battery packs which allegedly infringe certain claims of U.S. Patent Nos. 5,319,712 (the ‘712 patent), 5,359,317 (the ‘317 patent), 5,569,550 (the ‘550 patent), 6,232,970 (the ‘970 patent), and 6,272,333 (the ‘333 patent).

According to the complaint, (i) the ‘712 patent relates to “cryptographic protection of a data stream in the Open Systems Interconnection (‘OSI’) network architecture,” (ii) the ‘317 patent relates to “selective call receivers,” (iii) the ‘550 patent relates to “protecting batteries against over-charging and over-discharging,” (iv) the ‘970 patent relates to “devices for processing information,” and (v) the ‘333 patent relates to “controlling of data in wireless communication systems.”

In the complaint, Motorola asserts that certain communication system server software, including the BlackBerry Enterprise Server (all versions 4.0 or later) along with certain RIM products, including the BlackBerry Pearl, Curve, Bold, and Storm wireless handheld devices as well as the lithium-ion battery packs used by such devices infringe the asserted Motorola patents.

Motorola further alleges in the complaint that the RIM accused products are manufactured outside of the United States, for example, in Canada, Mexico, Japan, and China.

Regarding related litigation, Motorola identifies in the complaint a number of district court actions and a pending patent revocation proceeding in the United Kingdom between RIM and Motorola.

With respect to the domestic industry requirement, Motorola alleges that it satisfies the economic prong in light of its (i) “extensive domestic licensing program”, (ii) significant investment in plant, labor and equipment, and (iii) engineering, research and development, marketing, licensing and service activities.  As to the technical prong, Motorola asserts that many of its products “practice the Asserted Patents, including, for example, the Motorola Rival A455, Cliq and Droid products, including their integrated software and accessory products, such as battery packs.”

Regarding potential remedy, Motorola requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed to RIM.
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