On February 10, 2015, NXP B.V. of the Netherlands and NXP Semiconductors USA, Inc. of San Jose, California (collectively, "NXP") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Dell, Inc. of Round Rock, Texas ("Dell") unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain electronic products, including products with near field communication ("NFC") system-level functionality and/or battery power-up functionality, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 7,412,230 (the '230 patent), 8,280,304 (the '304 patent), 8,065,389 (the '389 patent), 8,204,959 (the '959 patent), 8,412,185 (the '185 patent), and 6,590,365 (the '365 patent) (collectively, the "asserted patents").
According to the complaint, the asserted patents generally relate to NFC technology and battery power-up technology. In particular, the '230 patent relates to a method of using NFC to release communication between at least two devices. The '304 patent relates to a computer system that includes an EEPROM having both an NFC interface and a second interface, such as Bluetooth or wireless. The '389 and '959 patents relate to a method of and device for transferring content. The '185 patent relates to a method and apparatus for switching devices using NFC. Lastly, the '365 patent relates to a method of powering-up battery powered equipment.
In the complaint, NXP states that Dell imports and sells products that infringe the asserted patents. The complaint specifically refers to Dell laptops, tablets, computer accessories, printers, and servers as infringing products.
Regarding domestic industry, NXP states that it has numerous employees in California focused on the engineering, research and development, and technical marketing of applications for NXP's NFC chips that practice the inventions of the asserted patents. NXP further states that it trains customers in the U.S. to adapt and use tap-to-share NFC technology. NXP also states that it recently promoted the technological potential of the inventions of the asserted patents by providing NFC-enabled badges at the 2014 and 2015 International Consumer Electronics Shows in Las Vegas, Nevada. NXP also states that a domestic industry exists based on NXP's substantial investment in its NFC licensing program.
As to related litigation, NXP states that, concurrently with the filing of the instant ITC complaint, it is also filing a complaint against Dell in the U.S. District Court for the District of Delaware alleging infringement of the asserted patents. NXP also refers to a litigation in Germany against Acer Computer GmbH, where NXP is alleging infringement of a counterpart to the '389 patent.
With respect to potential remedy, NXP requests that the Commission issue a limited exclusion order and a permanent cease and desist order directed at Dell, its subsidiaries, related companies, and agents.