On October 23, 2015, Intellectual Capital Consulting, Ltd. of Westminster, Colorado (“ICC”) 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 vehicular smartwatch systems, related software, components thereof, and products containing same that infringe one or more claims of U.S. Patent No. 7,068,151 (the ‘151 patent):
- Hyundai Motor Co. of South Korea
- Hyundai Motor America of Fountain View, California
- Hyundai Motor Manufacturing Alabama, LLC of Montgomery, Alabama
- General Motors Co. of Detroit, Michigan
- General Motors, LLC of Detroit, Michigan
- OnStar, LLC of Detroit, Michigan
- Bayerische Motoren Werke AG of Germany
- BMW of North America, LLC of Woodcliff Lake, New Jersey
- Volkswagen AG of Germany
- Volkswagen Group of America, Inc. of Herndon, Virginia
- Audi AG of Germany
- Audi of America, Inc. of Herndon, Virginia
- Audi of America, LLC of Auburn Hills, Michigan
- Volvo Car Corp. of Sweden
- Volvo Cars of North America, LLC of Rockleigh, New Jersey
- Dr. Ing. h.c. F. Porsche AG of Germany
- Porsche Cars North America, Inc. of Atlanta, Georgia
- DEI Holdings, Inc. of Vista, California
- Directed Electronics, Inc. of Vista, California
- Samsung Electronics Co., Ltd. Of South Korea
- Samsung Electronics America, Inc. of Ridgefield Park, New Jersey
- LG Corp. of South Korea
- LG Electronics USA, Inc. of Englewood Cliffs, New Jersey
- LG Electronics Mobile Research U.S.A., L.L.C.
- Sony Corp. of Japan
- Sony Corp. of America of New York, New York
- Sony Electronics, Inc. of San Diego, California
- Lenovo Group Ltd. Of China
- Lenovo Holding Co., Inc. of Morrisville, North Carolina
- Lenovo (United States), Inc. of Purchase, New York
- Motorola Mobility, Inc. of Chicago, Illinois
- Apple Inc. of Cupertino, California
- Station Digital Media, Inc. of Long Beach, California
- Rego Apps, LLC of Celebration, Florida
According to the complaint, the ‘151 patent relates to a smartwatch that communicates with an on-board vehicular control unit, thus providing end users with vehicular security and convenience features such as remote door lock and unlock, trunk release, and remote engine start.
In the complaint, ICC states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various automotive vehicles, vehicular smartwatch systems, and smartwatches—and related software and components—associated with the Proposed Respondents as infringing products.
Regarding domestic industry, ICC states that it offers a number of products that are covered by the ‘151 patent and is preparing to offer additional products, including the Blackhawk Remote Engine Starter. ICC further states that it engages in significant activities within the U.S. relating to products protected by the ‘151 patent, including engineering, research and development, and pre- and post-manufacturing activities. ICC also states that, to the extent that a domestic industry relating to the ‘151 patent has not already been established, such domestic industry is in the process of being established.
As to related litigation, ICC states that on June 2, 2015, it filed a complaint against Hyundai Motor Co. and others in the U.S. District Court for the Eastern District of Texas alleging infringement of the ‘151 patent.
With respect to potential remedy, ICC requests that the Commission issue general exclusion orders, limited exclusion orders, and a permanent cease and desist order directed at the Proposed Respondents and others acting on their behalf.