By Eric Schweibenz
On December 19, 2013, the International Trade Commission (the “Commission”) issued a notice determining to affirm in part and modify in part the Initial Determination (“ID”) issued by ALJ David P. Shaw on June 28, 2013 finding no violation of Section 337 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, “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; 7,502,406; 7,536,013; 7,616,970 (the ‘970 patent); 7,706,332; 7,706,830; and 7,970,127.  See our July 28, 2011 post for more details on this investigation.  Further, as summarized in our July 2, 2013 post, ALJ Shaw issued an ID finding no violation of Section 337 based on a finding that the accused products do not infringe some claims, and although some claims in the ‘970 patent were found to be infringed, these claims were determined to be invalid.  On September 4, 2013, the Commission determined to review the ID.  See our September 10, 2013 post for more details.

According to the December 19, 2013 notice, the Commission determined:
to affirm the ALJ’s finding of no violation of section 337 as to Nokia, Huawei, and ZTE with the modifications set forth in the Commission opinion, viz., with respect to the Power Ramp Up patents (the ‘830 and ‘636 patents), the Commission has determined to (1) affirm the ALJ’s finding that the accused products do not satisfy the “successively sends transmissions” limitation construed to mean “transmits to the base station, one after the other, codes that are shorter than a regular length code” to the extent that the “successively sends transmissions” refer to the short codes and (2) for the ‘636 patent, the Commission has determined to vacate the ALJ’s findings regarding the “subsequent transmission” limitation.  With respect to the Power Control patents (the ‘406 and ‘332 patents), the Commission has determined to modify the ALJ’s construction of the claim term “power control bit” to mean “single-bit power control information transmitted at an APC data rate equivalent to the APC update rate,” and construes the limitation to encompass only the “single-bit power control information” portion.  The Commission adopts the ALJ’s findings pertaining to the ‘970, ‘013, and ‘127 patents.  Due to the LG remand, all other issues, including domestic industry, continue to remain under review. A Commission opinion will follow issuance of this notice.