On November 24, 2014, Pragmatus Mobile, LLC of Alexandria, Virginia ("Pragmatus") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that ASUSTek Computer, Inc. of Taiwan, ASUS Computer International, Inc. of Fremont, California, and ASUS Technology Pte. Ltd. of Singapore (collectively, "ASUS") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wireless devices, including mobile phones and tablets that infringe one or more claims of U.S. Patent No. 8,466,795 (the '795 patent).
According to the complaint, the '795 patent generally relates to a cellular device that may include a variety of components. In particular, the cellular device may include a housing, speaker, microphone, display, microcontroller, battery, battery sensor, charging interface, and user interface. The cellular device may also include a second user interface separate from the first interface. The second user interface may include at least one button. The display may be adapted to display a message received from the cellular network. The cellular device may also include circuitry to store a phone number and may dial the phone number in response to an event.
In the complaint, Pragmatus states that ASUS imports and sells products that infringe the '795 patent. The complaint specifically refers to ASUS's Transformer Pad device as an infringing product.
Regarding domestic industry, Pragmatus states that it has an extensive domestic licensing program that is responsible for the active licensing of the '795 patent. Pragmatus states that it employs a management team in the U.S. that includes licensing professionals and intellectual property counsel to evaluate its patent holdings, including the '795 patent. Pragmatus further states that a domestic industry exists based on the activities of its domestic licensees, including HTC Corp. and LG Electronics, Inc. and their U.S. subsidiaries.
As to related litigation, Pragmatus refers to two prior ITC cases (Inv. Nos. 337-TA-889 and 337-TA-905), where it asserted the '795 patent against various other entities. Seeour July 31, 2013 and January 23, 2014 posts for more details. Pragmatus states that both of these prior cases were terminated based on settlement agreements. Pragmatus also refers to various district court cases in the U.S. District Court for the District of Delaware and the U.S. District Court for the Southern District of California. Pragmatus specifically refers to two cases pending in the U.S. District Court for the District of Delaware where it is asserting the '795 patent against ASUS.
With respect to potential remedy, Pragmatus requests that the Commission issue a permanent limited exclusion order and a cease and desist order directed at ASUS and its successors and assigns.