By Eric Schweibenz and Alex Englehart
On October 16, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain LTE- and 3G-Compliant Cellular Communications Devices (Inv. No. 337-TA-1138).

By way of background, this investigation is based on a September 14, 2018 complaint filed by INVT SPE LLC of San Francisco, California alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain LTE- and 3G-compliant cellular communications devices that infringe one or more claims of U.S. Patent Nos. 6,760,590; 7,206,587; 7,764,711; 7,848,439; and 7,339,949. See our September 14, 2018 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Apple Inc. of Cupertino, California, HTC Corp. of Taiwan, HTC America, Inc. of Seattle, Washington, ZTE Corp. of China, and ZTE (USA) Inc. of Richardson, Texas as respondents in this matter.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that MaryJoan McNamara will be the presiding Administrative Law Judge in this matter.