On March 1, 2010, Freescale Semiconductor, Inc. (“Freescale”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the following proposed respondents unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain integrated circuits, chipsets, and products including same that allegedly infringe claims of U.S. Patent Nos. 5,467,455 (the ‘455 patent); 5,715,014 (the ‘014 patent); and 7,199,306 (the ‘306 patent).:

  • Panasonic Corporation;

  • Panasonic Semiconductor Discrete Devices Co. Ltd.;

  • Panasonic Corporation of North America;

  • Funai Corporation, Inc.;

  • Funai Electric Co., Ltd.;

  • JVC Kenwood Holdings, Inc.;

  • Victor Company of Japan, Limited;

  • JVC Americas Corp.;

  • Best Buy Co., Inc.;

  • B & H Foto & Electronics Corp.;

  • Huppin's Hi-Fi Photo & Video, Inc.;

  • Buy.com Inc.;

  • Liberty Media Corporation;

  • QVC, Inc.;

  • Crutchfield Corporation;

  • Wal-Mart Stores, Inc.; and

  • Computer Nerds International, Inc.

The complaint describes the ‘455 patent as relating to “circuitry designed to reduce unwanted signal reflection on a communication bus between two integrated circuits,”  the ‘014 patent as relating to providing a picture-in-picture video channel on a television, and the ‘306 patent as relating to a method for assembling an integrated circuit packaging to protect the circuit and mechanically and electrically connect the circuit to a larger system.

As set forth in the complaint, the accused products include:  (1) Panasonic integrated circuits that either incorporate Freescale’s patented technology or were packaged using Freescale’s patented methods; (2) chipsets and end-products such as televisions and media players containing such integrated circuits, and (3) televisions employing Freescale’s patented television technology.

Freescale asserts that it satisfies the domestic industry requirement based on its substantial licensing program and operation of facilities in the United States engaging in engineering and research and development related to the asserted patents.  Freescale also points to its investment of substantial sums of money to enforce the asserted patents.  These efforts include both licensing and at least four patent lawsuits Freescale has filed relating to at least one of the asserted patents.

Regarding potential remedy, Freescale requests a permanent exclusion order and a permanent cease and desist order directed to the proposed respondents.