By Eric Schweibenz
On April 29, 2009, the U.S. International Trade Commission announced its decision to institute an investigation of Certain Wireless Communications Devices and Components Thereof (337-TA-675).

The investigation is based on a March 25, 2009 complaint filed by SPH America, LLC of Vienna, Virginia.  As we explained in our March 27 post, the complaint alleges that certain companies unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain wireless communications devices and components thereof that infringe certain claims of U.S. Patent No. RE 40,385 and U.S. Patent No. 5,960,029.

According to the Notice of Investigation, the following entities have been named as respondents in this investigation:

•   Kyocera Corp. of Japan;
•   Kyocera Wireless Corp. of San Diego, California;
•   Kyocera Sanyo Telecom, Inc. of Woodland Hills, California;
•   MetroPCS Communications, Inc. of Richardson, Texas;
•   MetroPCS Wireless, Inc. of Dallas, Texas;
•   Sprint Nextel Corp. of Overland Park, Kansas;
•   América Móvil, S.A.B. de C.V. of Mexico;
•   TracFone Wireless, Inc. of Miami, Florida; and
•   Virgin Mobile USA, Inc. of Warren, New Jersey.

The Notice of Investigation further indicates that Thomas S. Fusco of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.