On October 14, 2016, Qualcomm Inc. of San Diego, California (“Qualcomm”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Zhuhai Meizu Technology Co., Ltd. of China and Zhuhai Meizu Telecom Equipment Co., Ltd. of China (collectively, “Meizu”), and Dest Technology Ltd. of China, LGYD Ltd. of China, and Overseas Electronics, Inc. of Chicago, Illinois (all collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain mobile electronic devices that infringe one or more claims of U.S. Patent Nos. 8,095,082 (the ’082 patent), 7,999,384 (the ’384 patent), 7,548,407 (the ’407 patent), 8,497,928 (the ’928 patent), 7,949,367 (the ’367 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to mobile electronic devices. In particular, the ’082 patent relates to a dual band radio frequency transmitter that includes a transformer and a tunable transformer circuit. The ’384 patent relates to a wiring structure to improve space utilization, reduce parasitic effects, and minimize manufacturing costs. The ’407 patent relates to a capacitor structure including a first common wall, formed in the metal layers, that serves as a first terminal for a plurality of capacitors and a plurality of second walls that form the plurality of capacitors. The ’928 patent relates to a camera for a mobile electronic device that improves a user’s ability to quickly identify the focus of the picture. Lastly, the ’367 patent relates to circuitry in a radio transceiver having a current splitter structured to selectively apportion a current input signal between multiple paths of the same polarity having respective load circuits that include a dummy load path and at least one mixer path.
In the complaint, Qualcomm states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various Meizu mobile electronic devices as infringing products.
Regarding domestic industry, Qualcomm states that it engages in a broad range of qualifying domestic industry activities in the U.S. directed to articles protected by the asserted patents, including research, design, development, engineering, product support, manufacturing, manufacturing support, testing, and customer support activities. Qualcomm cites to a confidential declaration in support of its domestic industry allegations, which includes an identification of Qualcomm products that practice the asserted patents.
With respect to potential remedy, Qualcomm requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents and related entities.