30
Jun
By Eric Schweibenz
On June 28, 2011, Samsung Electronics Co., Ltd. of Korea and Samsung Telecommunications America, LLC of Richardson, Texas (“STA”) (collectively, “Samsung”) 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 electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers that infringe one or more claims of U.S. Patent Nos. 7,706,348 (the ‘348 patent), 7,486,644 (the ‘644 patent), 6,771,980 (the ‘980 patent), 6,879,843 (the ‘843 patent), and 7,450,114 (the ‘114 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to technology used in electronic devices.  In particular, the ‘348 patent relates to third-generation (“3G”) wireless technology and the ability to simultaneously transmit multiple services.  The ‘644 patent relates to the 3GPP/UMTS standards that govern many, if not most, cell phones sold in the U.S.  The ‘980 patent relates to, among other things, integrating personal digital assistant (“PDA”) functions (e.g., surfing the web) with mobile phone functions (e.g., dialing a number).  The ‘843 patent relates to a device and method for storing and reproducing digital audio data in a mobile terminal.  Lastly, the ‘114 patent relates to, among other things, manipulating and viewing digital documents using a touch-sensitive display screen.

In the complaint, Samsung alleges that Apple imports and sells products that infringe the asserted patents.  The complaint specifically refers to the Apple iPhone 4, iPad 2 3G, and iPod Touch as infringing products.

Regarding domestic industry, Samsung states that its own wireless communications devices (including, e.g., the Samsung Galaxy S 4G T959V Smartphone) practice at least one claim of each of the asserted patents in the U.S.  Samsung further states it conducts significant activities in the U.S. relating to the technology of the asserted patents.  In particular, the complaint points to STA engineers and other personnel in the U.S. that are engaged in activities necessary to commercialize and support Samsung’s wireless communications devices covered by the asserted patents and exploit the technology claimed in the asserted patents.  The complaint further states that STA has made substantial investments in its research and development program that supports Samsung’s wireless communications devices covered by the asserted patents, including investments at its headquarters in Richardson, Texas and its research facility in San Jose, California.  Samsung also points to additional facilities in New Jersey, Georgia, Washington, Kansas, Texas, and California.

As to related litigation, Samsung states that a parent of the ‘348 patent was involved in prior litigation with Ericsson, Inc. and related entities at the ITC (Inv. No. 337-TA-577) and in the U.S. District Court for the Eastern District of Texas.  Samsung further states that the European counterpart to the ‘348 patent was asserted in litigation against various Ericsson and Sony Ericsson entities in Germany, the UK, and the Netherlands.  According to the complaint, all of these cases – both in the U.S. and in Europe – ended in 2007 pursuant to settlement agreements between the parties.  Additionally, Samsung states that on April 21, 2011, Samsung Electronics GmbH filed an action in Germany against Apple Inc. and Apple GmbH alleging infringement of the European counterpart to the ‘348 patent.

With respect to potential remedy, Samsung requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at Apple, its subsidiaries, related companies and agents.