On February 9, 2015, Andrea Electronics Corp. of Bohemia, New York ("Andrea") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. On the same day, Andrea also withdrew its earlier complaint filed on January 23, 2015. See our February 4, 2015 post for more details on the earlier complaint.
The February 9, 2015 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 containing same that infringe one or more claims of U.S. 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." Specifically, the '898 and '923 patents relate to a system and method for filtering out interference signals (e.g., noise) using an array of sensors (e.g., microphones). The '607 patent relates to a method and apparatus for cancelling an interference signal from a target signal. The '345 patent relates to a method and apparatus for detecting and cancelling noise from an audio signal. The '637 patent relates to a noise cancelling method and apparatus for cancelling noise by time domain processing sub-bands of a digital input signal.
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." Andrea cites to a confidential declaration to support its domestic industry allegations.
As to related litigation, Andrea states that it has asserted the '898, '923, '607, and '345 patents against Acer, Lenovo, and Toshiba; the '898, '923, '607, '345, and '637 patents against Asus, Dell, HP, and Realtek; and the '637 patent against Acer, Lenovo, and Toshiba, all in the U.S. District Court for the Eastern District of New York.
With respect to potential remedy, Andrea requests that the Commission issue a limited exclusion order and a cease and desist order directed at the domestic Proposed Respondents.