New ITC Patent Investigation on Nokia 3G Mobile Handsets
The International Trade Commission has issued a notice of institution of a section 337 investigation of certain 3G mobile handsets and components thereof imported and sold by Nokia Corporation of Finland and Nokia, Inc. of Irving, Texas.
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Complaint Alleges Patent Violations, Requests Exclusion & Cease/Desist Orders
The complaint, filed by InterDigital Communications Corporation of King of Prussia, Pennsylvania and InterDigital Technology Corporation of Wilmington, Delaware, alleges violations of 19 USC 1337 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain 3G mobile handsets and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,117,004 and 7,190,966. The complaint further alleges that an industry in the U.S. exists as required by subsection (a)(2) of section 337.
The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders after the investigation.
Determination of Violation to be Made by ALJ, Reviewed by ITC
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - David Hollander (202) 205-2746
ITC notice (Inv. No. 337-TA-613, FR Pub 09/11/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-17782.pdf
ITC press release (07-088, dated 09/05/07) available at http://www.usitc.gov/ext_relations/news_release/2007/er0905ee1.htm
BP Note
Another case against Nokia Corporation of Finland and Nokia, Inc. of Irving, Texas was filed by Qualcomm Incorporated in 2006 alleging violations of certain Qualcomm patents in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain mobile telephone handsets, wireless communication devices, and components thereof. Yahoo! Finance reports that the ITC trial has commenced in this case, which was stayed from February 26, 2007 until June 12, 2007. (See ITT's Online Archives or 08/18/06 news, 06081840, for BP summary of the initiation of this investigation.)
Yahoo! Finance report (dated 09/10/07) available at http://biz.yahoo.com/prnews/070910/ukm042.html?.v=7
ITC notice of investigation (Inv. No. 337-TA-578, FR Pub 07/12/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-10910.pdf