On December 15, 2015, ParkerVision, Inc. of Jacksonville, Florida (“ParkerVision”) 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 radio frequency (“RF”) capable integrated circuits, including RF receivers, RF transmitters, RF transceivers, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,879,817 (the ‘817 patent), 7,929,638 (the ‘638 patent), 8,571,135 (the ‘135 patent), and 9,118,528 (the ‘528 patent) (collectively, the “asserted patents”):
- Apple Inc. of Cupertino, California
- LG Electronics, Inc. of South Korea
- LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey
- LG Electronics MobileComm U.S.A., Inc. of San Diego, California
- Samsung Electronics Co., Ltd. Of South Korea
- Samsung Electronics America, Inc. of Ridgefield Park, New Jersey
- Samsung Telecommunications America, LLC of Richardson, Texas
- Samsung Semiconductor, Inc. of San Jose, California
- Qualcomm Inc. of San Diego, California
According to the complaint, the asserted patents generally relate to RF capable integrated circuits. In particular, the ‘817 patent relates to apparatuses and methods where an RF carrier signal having frequencies appropriate for efficient wireless transmission is directly down-converted to a baseband data signal using quadrature sub-sampling. The ‘638 patent relates to devices and processes where a baseband data signal is directly up-converted to a frequency appropriate for wireless transmission using differential sub-sampling. The ‘135 patent relates to devices and processes where a baseband data signal is directly up-converted to an RF signal using balanced differential sub-sampling. Lastly, the ‘528 patent relates to systems where an RF carrier signal having frequencies appropriate for efficient wireless transmission is directly down-converted to a baseband data signal using in-phase and quadrature sub-sampling.
In the complaint, ParkerVision states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various smartphone handsets, tablet computers, RF receivers, RF transmitters, RF transceivers, and other RF capable integrated circuits associated with the Proposed Respondents as infringing products.
Regarding domestic industry, ParkerVision states that its PV5870 transceiver chip practices each of the asserted patents. ParkerVision further states it has made substantial investments in research and development, manufacturing, and licensing activities related to the PV5870, consumer RF products, and the asserted patents. ParkerVision also states that it is in the process of establishing a domestic industry with respect to a new ParkerVision consumer product.
As to related litigation, ParkerVision states that it is currently asserting the asserted patents against the Proposed Respondents in the U.S. District Court for the Middle District of Florida. ParkerVision further states that it is currently engaged in an additional litigation against the Samsung and Qualcomm Proposed Respondents in the U.S. District Court for the Middle District of Florida. Lastly, ParkerVision states that it was previously engaged in yet another litigation with Qualcomm in the same district court, which did not involve the asserted patents.
With respect to potential remedy, ParkerVision requests that the Commission issue a limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents.