By John Presper

On October 27, 2021, the ITC issued a Notice of Investigation in Certain Electronic Devices Having Wireless Communication Capabilities and Components Thereof (Inv. No. 337-TA-1284).

By way of background, this investigation is based on a September 27, 2021 complaint (Part I, Part II) filed by Bell Northern Research, LLC of Chicago, Illinois (“Bell Northern”) alleging a violation of section 337 by Respondents Lenovo Group Ltd. of China; Lenovo (United States), Inc. of Morrisville, North Carolina; Motorola Mobility LLC of Chicago, Illinois; TCL Electronics Holdings Limited of Hong Kong; TCT Mobile (US) Inc. of Irvine, California; TTE Technology, Inc. of Corona, California; BLU Products, Inc. of Doral, Florida; BBK Electronics Corp. of China; OnePlus Technology Co., Ltd. of China; HMD Global Oy of Finland; HMD America, Inc. of Miami, Florida; and Sonim Technologies, Inc. of Austin, Texas (collectively, “Respondents”) in the unlawful importation and/or sale in the U.S. of certain electronic devices having wireless communication capabilities and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,204,554 (“the ‘554 patent”); U.S. Patent No. 7,319,889 (“the ‘889 patent”); U.S. Patent No. RE 48,629 (“the ‘629 patent”); and U.S. Patent No. 8,416,862 (“the ‘862 patent”).

According to the complaint, the ’554 and ’889 patents are directed to prolonging the use of a mobile device without increasing the battery’s capacity by reducing power consumption of the display with the display is not needed; the ’629 patent is directed to decreasing power back-off in wireless communications systems by using a long training sequence of minimum peak-to-average power ratio that is usable by legacy devices having different standards (e.g., 802.11a and 802.11g); and the ’862 patent generally relates to improved efficiencies in wireless communication systems transmitting feedback of transmitter beamforming information, particularly using polar coordinates.  The accused products are mobile devices (specifically, mobile telephones and tablet computers), personal computers, and televisions having wireless communications capabilities, and components thereof.  Bell Northern is requesting that the Commission issue limited exclusion orders and permanent cease-and-desist orders directed to Respondents.  According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation.  Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ David P. Shaw will preside in the investigation.