On August 11, 2017, Broadcom Limited of San Jose, California and Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore (collectively, “Complainants”) 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 wireless audio systems and components thereof that infringe one or more claims of U.S. Patent No. 6,684,060 (the ’060 patent):
- DTS, Inc. of Calabasas, California
- Phorus, Inc. of Calabasas, California
- MartinLogan, Ltd. of Lawrence, Kansas
- Paradigm Electronics Inc. of Canada
- Anthem Electronics, Inc. of Canada
- Wren Sound Systems, LLC of Phoenixville, Pennsylvania
- McIntosh Laboratory, Inc. of Binghamton, New York
- Definitive Technology of Owings Mills, Maryland
- Polk Audio Inc. of Vista, California
According to the complaint, the ’060 patent relates to a system of digital wireless premises audio and a method of operating the same. The complaint states that the invention of the ’060 patent provides a digital audio encoder/transmitter to accept a plurality of digital audio channels (such as left and right speaker channels), encode the channels into a digital data stream, and wirelessly transmit the stream about the premises.
The products accused of infringement in the complaint include, without limitation, the PR5 Receiver, PS1 Speaker, PS5 Speaker, Motion Vision X, Cadence, CRESXGBD-Crescendo X, PW Soundbar, PW 800, PW AMP, MRX 1120, MRX 720, AVM 60, V5US, V3US Universal System, V5PF, MB50 Streaming Audio Player, RS100 Wireless Loudspeaker System, W Adapt, W9 Flagship Audiophile-Grade Wireless Speaker, W7 Ultra-Compact Audiophile-Grade Wireless Speaker, W Studio Micro, W Studio, W Amp, SB1 Plus, S2, S2R, S6, Omni P1, and Omni A1.
Regarding domestic industry, Complainants rely on the domestic activities of their licensees Samsung Electronics Co., Ltd. (“Samsung”), Sony Corp. (“Sony”), and LG Electronics, Inc. (“LGE”), each of which sells wireless speaker products that allegedly practice claims of the ’060 patent. According to the complaint, Samsung, Sony, and LGE (and/or their respective subsidiaries) operate facilities in the U.S. where relevant domestic industry activities are carried out. These domestic activities include design, engineering, development, and after-sale technical service, repair, and support related to products that practice the ’060 patent.
As to related litigation, Complainants state that on August 10, 2017, they filed a complaint in the U.S. District Court for the Central District of California alleging that certain of the Proposed Respondents infringe the ’060 patent.
With respect to potential remedy, Complainants request that the Commission issue a limited exclusion order and permanent cease-and-desist orders directed at the Proposed Respondents and related entities.