By Eric Schweibenz
On June 28, 2013, ALJ David P. Shaw issued a notice regarding the Initial Determination (“ID”) in Certain Wireless Devices With 3G Capabilities and Components Thereof (Inv. No. 337-TA-800).

By way of background, this investigation is based on a July 26, 2011 complaint filed on behalf of InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing (collectively, “InterDigital”) alleging violation of Section 337 by Respondents Huawei Technologies Co., Ltd., FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA),  ZTE Corp., ZTE (USA) Inc., and Nokia (collectively, the “Respondents”) in the importation into the U.S. and sale of certain wireless devices with 3G capabilities and components thereof that infringe one or more claims of U.S. Patent Nos. 7,349,540 (the ‘540 patent); 7,502,406 (the ‘406 patent); 7,536,013 (the ‘013 patent); 7,616,970 (the ‘970 patent); 7,706,332 (the ‘332 patent); 7,706,830 (the ‘830 patent); and 7,970,127 (the ‘127 patent).  See our August 29, 2011 post for more details on this investigation.

According to the notice, ALJ Shaw held no violation of Section 337 has occurred in this investigation.  Specifically, ALJ Shaw determined that Respondents’ accused products do not infringe certain claims of the ‘830, ‘636, ‘406, ‘332, ‘127, ‘013, and ‘970 patents.  Although ALJ Shaw determined that Respondents’ accused products infringed claims 1-9 of the ‘970 patent, he also found such claims invalid in light of the prior art.  In addition, ALJ Shaw determined that InterDigital satisfied the domestic industry requirement with respect to all asserted patents.  ALJ Shaw also found that Respondents did not demonstrate that (i) they are licensed under the asserted patents, or (ii) any equitable or FRAND defense applies.  

Lastly, the notice issued by ALJ Shaw released only limited information.  We will provide additional information once the public version of the ID issues in its entirety.