On January 23, 2015, Andrea Electronics Corp. of Bohemia, New York ("Andrea") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that the following entities (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5,825,898 (the '898 patent); 6,483,923 (the '923 patent); 6,049,607 (the '607 patent); 6,363,345 (the '345 patent); and 6,377,637 (the '637 patent) (collectively, the "asserted patents"):
- Acer Inc. of Taiwan
- Acer America Corp. of San Jose, California
- ASUSTeK Computer Inc. of Taiwan
- ASUS Computer International of Fremont, California
- Dell Inc. of Round Rock, Texas
- Hewlett Packard Co. of Palo Alto, California
- Lenovo Group Ltd. of China
- Lenovo Holding Co., Inc. of Morrisville, North Carolina
- Lenovo (United States) Inc. of Morrisville, North Carolina
- Toshiba Corp. of Japan
- Toshiba America, Inc. of New York, New York
- Toshiba America Information Systems, Inc. of Irvine, California
- Realtek Semiconductor Corp. of Taiwan
According to the complaint, the asserted patents "generally relate to the field of audio processing, with a particular focus on processing audio signals to remove noise and interference." In particular, the disclosed inventions may include technology that "enables communication between electronic devices with enhanced clarity – even if that communication takes place in a noisy environment."
In the complaint, Andrea states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various personal computers, computer tablets, audio codec chips, and audio processing software associated with the Proposed Respondents as infringing products.
Regarding domestic industry, Andrea states that it has "significant and continuous investment in plant and equipment, significant and continuous employment of labor, and substantial and ongoing investment in engineering and research and development."
As to related litigation, Andrea states that it has asserted the '898 patent, '923 patent, '607 patent, and '345 patent in the Eastern District of New York against Acer, Lenovo, and Toshiba. Additionally, Andrea states that it has asserted the '898 patent, '923 patent, '607 patent, '345 patent, and '637 patent in the Eastern District of New York against Asus, Dell, HP, and Realtek. Lastly, Andrea states that it has asserted the '637 patent in the Eastern District of New York against Acer, Lenovo, and Toshiba.
With respect to potential remedy, Andrea requests that the Commission issue limited exclusion orders and cease and desist orders directed at the Proposed Respondents.