This morning, at the U.S. International Trade Commission, the hearing commenced in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800) before presiding Administrative Law Judge David. P. Shaw. This case involves the ITC’s investigation into allegations brought by InterDigital that respondents Huawei, Nokia, and ZTE
Target dates set for Samsung-Ericsson, InterDigital ITC Section 337 SEP investigations
The statute that governs the U.S. International Trade Commission’s jurisdiction over patent infringement complaints requires the ITC to resolve its investigations into such complaints “at the earliest practicable time” Typically, ITC investigations will take anywhere from 12-18 months (depending on complexity, number of patents, etc.) from the institution of the investigation until the “target date,”
A rundown of pending SEP-related Section 337 investigations at the U.S. International Trade Commission
The United States International Trade Commission (ITC) is a quasi-judicial agency with broad investigative powers relating to trade practices. These powers include the ability to investigate unfair trade practices relating to the importation of products that infringe valid U.S. patents — so-called “Section 337 actions” (Section 337 actions can encompass other conduct, but are commonly used to target patent infringement). But because the ITC may only issue injunctive relief (via exclusion orders and cease & desist orders), and cannot award monetary damages, the assertion of standard-essential patents in Section 337 actions has become a subject of great debate. Within about a month, the Commission will issue a Final Determination in Investigation No. 337-TA-794 (involving Samsung and Apple) that may address the propriety of asserting FRAND-pledged SEPs in Section 337 actions. In the meantime, however, there are several ongoing ITC investigations where standard-essential patents are being asserted. Below is a brief summary of where each of these cases currently stand:
Continue Reading A rundown of pending SEP-related Section 337 investigations at the U.S. International Trade Commission
RANDomness
- The Federal Circuit denied Apple’s petition for an en banc rehearing of its prior denial of a preliminary injunction against Samsung based on Apple’s failure to demonstrate a “causal nexus” between infringement and irreparable harm. However, Apple still has an appeal pending of a denial of a permanent injunction against Samsung. (Bloomberg)
- Yesterday
InterDigital, Nokia, others dispute public interest implications of 3G/4G patent assertions
Earlier this month, InterDigital Communications filed a Section 337 complaint with the ITC, alleging that Samsung, Nokia, ZTE, and Huawei infringed several of InterDigital’s 3G and 4G-essential patents. As we noted in our earlier post on the matter, InterDigital included a statement regarding the public interest along with its complaint, attempting to preemptively assuage any public interest concerns the Commission may have due to the inclusion of standard-essential patents in the complaint. Over the past two weeks, though, the proposed respondents have each filed their own public interest statements with the ITC, asserting a number of reasons why the public interest might be adversely affected by the institution of an investigation based on InterDigital’s complaint.
Continue Reading InterDigital, Nokia, others dispute public interest implications of 3G/4G patent assertions
Interdigital Files Complaint with ITC alleging 3G, 4G Patent Infringement
InterDigital, Inc. is a patent licensing entity that claims to have a stash of standard-essential patents. The company hasn’t shied away from litigation either: For example, it has a hearing next month in the U.S. International Trade Commission on its complaint that Huawei, LG, Nokia, and ZTE infringed some of its 3G cellular standard-essential patents (Inv. No. 337-TA-800) and has been involved in two other ITC investigations. Yesterday, InterDigital announced that it filed another Section 337 complaint with the ITC. This complaint alleges that Proposed Respondents Huawei, Nokia, Samsung, and ZTE infringe various InterDigital patents by importing into the United States mobile devices (smartphones, tablets, etc.) that are compatible with certain 3G and 4G wireless communications standards (WCDMA, CDMA2000, and LTE). InterDigital is seeking an exclusion order that would bar these companies from importing these accused devices into the United States, as well as a cease and desist order preventing sale and distribution of accused devices that already entered the United States.
Continue Reading Interdigital Files Complaint with ITC alleging 3G, 4G Patent Infringement