Wednesday, January 2, 2013
InterDigital files new complaint against Huawei, Nokia, Samsung and ZTE with US ITC
USA: InterDigital Inc. announced that its wholly owned subsidiaries InterDigital Communications Inc., InterDigital Technology Corp., IPR Licensing Inc. and InterDigital Holdings Inc. filed a complaint with the US International Trade Commission (USITC) against Huawei Technologies Co. Ltd. Futurewei Technologies Inc. d/b/a Huawei Technologies (USA), Huawei Device USA Inc., Nokia Corp., Nokia Inc., Samsung Electronics Co. Ltd, Samsung Electronics America Inc., Samsung Telecommunications America LLC, ZTE Corp. and ZTE (USA) Inc.
InterDigital is alleging that these companies engaged in unfair trade practices by selling for importation into the United States, importing into the United States and/or selling after importation into the United States certain 3G and 4G wireless devices (including WCDMA-, cdma2000- and LTE-capable mobile phones, USB sticks, mobile hotspots, laptop computers and tablets, and components of such devices) that infringe up to seven of InterDigital’s US patents. The action also extends to certain WCDMA and cdma2000 devices incorporating WiFi functionality.
“Wireless technology continues to advance at tremendous speed based on the contributions that InterDigital and others have made to core connectivity technology. For InterDigital, that effort represents roughly one billion dollars of research and development involving hundreds of wireless engineers over decades. While the vast majority of our dozens of licensees recognize our contributions and choose to license our portfolio based on discussions alone, in some cases we’re forced to resort to legal action,” said Lawrence F. Shay, president of InterDigital’s patent holding subsidiaries.
InterDigital’s complaint with the USITC seeks an exclusion order that would bar from entry into the United States infringing 3G or 4G wireless devices (and components), including LTE devices, that are imported by or on behalf of Respondents, and also seeks a cease and desist order to bar further sales of infringing products that have already been imported into the United States.
Under its rules, the USITC has 30 days from the filing of the complaint to decide whether to formally institute an investigation. Certain of the Asserted Patents have been asserted against Nokia, Huawei and ZTE in earlier USITC proceedings, including the pending USITC investigation initiated by InterDigital in July 2011, and therefore are not being asserted against those Respondents in this new complaint.
InterDigital also filed parallel actions in the United States District Court for the District of Delaware alleging that Respondents’ same 3G and 4G wireless devices infringe the same Asserted Patents identified in the USITC complaint. The Delaware complaints seek a permanent injunction and compensatory damages in an amount to be determined, as well as enhanced damages based on willful infringement, and recovery of reasonable attorneys’ fees and costs.
If the USITC institutes the investigation referenced above, Respondents will have a statutory right (but not the obligation) to stay the Delaware District Court proceeding pending a final determination in the USITC.