By Eric Schweibenz And Lisa Mandrusiak
On July 16, 2014, Enterprise Systems Technologies S.a.r.l. of Luxembourg (“Enterprise”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain communications or computing devices and components thereof that infringe one or more claims of U.S. Patent Nos. 7,454,201 (the ‘201 patent); 6,594,366 (the ‘366 patent); 6,691,302 (the ‘302 patent); and 5,870,610 (the ‘610 patent) (collectively, the “asserted patents”):

According to the complaint, the asserted patents relate generally to messaging, telephony, communication, computing, and network technology.  More specifically, the ‘302 patent is directed to an improved interface for native operating systems to operate with programs using non-native programming languages.  The ‘610 patent is directed to a system for autoconfiguration of new software of devices added to a system.  The ‘366 patent describes a combined telephone and music player that share a jack.  The ‘201 patent is directed to a system for sending instant messages to mobile stations of other users without knowing the user’s mobile number, based on other unique identifiers (such as a user name).

In the complaint, Enterprise states that the Proposed Respondents import and sell smartphones, tablet computers, media players, laptop computers, and other products that infringe the asserted patents.  The Complaint refers specifically to the Samsung Galaxy S5, Apple iPhone 5S, Apple Macbook Air, HTC Once M8, and LG Nexus 5 as exemplary products. 

Regarding domestic industry, Enterprise states that Microsoft Corporation (“Microsoft”) is licensed to practice the asserted patents, and thus Enterprise relies on Microsoft’s activities to meet both the technical and economic prongs of the domestic industry requirement.  According to the Complaint, Microsoft makes substantial domestic investments in connection with its Surface 2 tablet computer and Surface Pro 2 tablet computer.  Both Surface devices are alleged to practice each of the asserted patents.  Enterprise states that Microsoft’s revenue derived from the Surface devices was $839 million in the second quarter of fiscal year 2014, and details Microsoft’s substantial investments in property, equipment, labor, capital, research, and development in the United States. 

As to related litigation, Enterprise states that each of the four patents has been asserted against Apple, Inc. and Cirrus Logic Inc. in the U.S. District Court for the District of Delaware in two separate suits.  These four patents have also been asserted in three suits against the HTC entities, the Samsung entities, and the LG entities in the U.S. District Court for the Eastern District of Texas.

With respect to potential remedy, Complainants request that the Commission issue a limited exclusion order and permanent cease and desist orders directed at Proposed Respondents in relation to the accused products.

Copyright © 2022 Oblon, McClelland, Maier & Neustadt, L.L.P.