On December 18, 2013, Pragmatus Mobile, LLC of Alexandria, Virginia (“Pragmatus”) 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 devices, including mobile phones and tablets, that infringe one or more claims of U.S. Patent Nos. 8,149,124 (the ‘124 patent) and 8,466,795 (the ‘795 patent) (collectively, the “asserted patents”):
- Nokia Corp. (Nokia Oyj) of Finland
- Nokia, Inc. of Sunnyvale, California
- Samsung Electronics Co., Ltd. of South Korea
- Samsung Electronics America, Inc. of Ridgefield Park, New Jersey
- Samsung Telecommunications America, L.L.C. of Richardson, Texas
- Sony Corp. of Japan
- Sony Mobile Communications AB of Sweden
- Sony Mobile Communications (USA), Inc. of Atlanta, Georgia
- ZTE Corp. of China
- ZTE (USA) Inc. of Richardson, Texas
According to the complaint, the asserted patents generally relate to personal security and tracking systems. In particular, the ‘124 patent relates to a method for tracking a mobile device through GPS (Global Positioning System) signals. The ‘795 patent relates to a cellular device.
In the complaint, Pragmatus states that the Proposed Respondents import and sell products that infringe the asserted patents. Pragmatus specifically accuses the Proposed Respondents’ mobile devices and tablets that include mapping features of infringing the ‘124 patent, and the Proposed Respondents’ mobile devices and tablets that include Bluetooth and/or Wi-Fi features and security codes of infringing the ‘795 patent.
Regarding domestic industry, Pragmatus states that it maintains an extensive domestic licensing program focused on the asserted patents. According to the complaint, Pragmatus employs a management team that includes licensing professionals and intellectual property counsel in the U.S., and this management team has been involved in activities directly related to the asserted patents. In addition, Pragmatus states that a domestic industry exists based on the activities of its domestic licensees, including HTC Corp. and related entities, LG Electronics, Inc. and related entities, and a major U.S. consumer electronics manufacturer.
As to related litigation, Pragmatus states that the asserted patents are the subject of an investigation currently pending before the ITC, Inv. No. 337-TA-889. See our July 31, 2013 post for more details on the 889 investigation. Pragmatus further states that the asserted patents are currently being asserted in four cases in the U.S. District Court for the District of Delaware against the Proposed Respondents. Pragmatus additionally states that the asserted patents are being asserted against Dell, Inc. and Hewlett Packard Company in the U.S. District Court for the District of Delaware. Lastly, Pragmatus states that the ‘795 patent is being asserted against various additional entities in the U.S. District Court for the District of Delaware.
With respect to potential remedy, Pragmatus requests that the Commission issue a permanent limited exclusion order and a cease and desist order directed at the Proposed Respondents and their successors and assigns.