19
Feb
By John Presper

On February 17, 2022, the ITC issued a Notice of Investigation in Certain Mobile Phones and Tablet Computers, All With Switchable Connectivity (Inv. No. 337-TA-1301).

By way of background, this investigation is based on a January 18, 2022 complaint filed by Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden (collectively, “Ericsson”) alleging violations of section 337 by Respondent Apple, Inc. of Cupertino, California (“Apple”) in the unlawful importation/sale of certain mobile phones and tablet computers, all with switchable connectivity, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,792,454 (the ’454 patent); U.S. Patent No. 10,880,794 (“the ’794 patent”); and U.S. Patent No. 8,472,999 (“the ’999 patent).

According to the complaint, the ’454 patent relates to a system for roaming between different types of wireless networks, such as a local area network and a cellular network; the ‘794 patent relates to a way of handling interband handovers in a carrier-aggregation-enabled cellular wireless communication system; and the ’999 patent discloses methods and apparatus for a main controller to operate a multi-SIM wireless device in a primary mode and one or more additional secondary modes of operation, a primary mode module coupled to the controller to monitor the primary network connection, one or more secondary mode modules coupled to the controller to manage the secondary connections, and an inter-system module coupled to the controller manages time spent on each of the multiple network connections.  The accused products are mobile phones and tablet computers with switchable connectivity, including Apple’s iPhone and iPad products.  Ericsson is requesting that the Commission issue a limited exclusion order and cease-and-desist order against Apple.  According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation.  Lastly, Chief ALJ Clark S. Cheney issued a notice indicating that ALJ Cameron R. Elliot will preside in the investigation.