On December 22, 2016, Nokia Technologies Oy of Finland (“Nokia”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Apple Inc. of Cupertino, California (“Apple”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain electronic devices, including mobile phones, tablet computers, and components thereof that infringe one or more claims of Nokia’s U.S. Patent Nos. 7,415,247 (the ’247 patent), 9,270,301 (the ’301 patent), 6,393,260 (the ’260 patent), 8,036,619 (the ’619 patent), 6,826,391 (the ’391 patent), 6,480,700 (the ’700 patent), 9,473,602 (the ’602 patent), and 7,653,366 (the ’366 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents are a reflection of the breadth of Nokia’s extensive dedication and investment in technology. In particular, the ’247 and ’301 patents relate to technology for supporting mobile phone compatibility across varying network systems using fewer components than were previously necessary. The ’619 patent relates to a voltage controlled oscillator that increases the efficiency of a wireless device and uses less power than traditional oscillators, thereby increasing battery life. The ’260 patent relates to a receiver for significantly reducing unwanted signals in radio transceivers that use frequency-conversion technology. The ’391 patent relates to using a transmit antenna as a receiving, space diversity antenna by tuning a transmitting antenna to different frequencies depending on whether a mobile phone is being used for transmission or reception. The ’700 patent relates to a versatile two-stage power amplifier arrangement that is operable in two different modes, each of which is optimized for, among other things, different power levels. The ’602 patent relates to a housing enclosure and architecture that, for example, minimize the space or thickness required to house the critical components necessary to the functionality of a mobile phone. Lastly, the ’366 patent relates to a hybrid power system that provides higher accuracy and efficiency than, for example, a purely linear voltage regulator-based power supply, while also providing, for example, higher speeds than a purely switch-mode-based power supply.
In the complaint, Nokia states that Apple imports and sells products that infringe the asserted patents. The complaint specifically refers to various models of the Apple iPhone and Apple iPad as infringing products.
Regarding domestic industry, Nokia states that various mobile phones and tablets manufactured and sold by Nokia’s licensees—including Samsung Electronics Co., Ltd. (“Samsung”) and Microsoft Corp. (“Microsoft”)—practice claims of the asserted patents. According to the complaint, Samsung and Microsoft have made extensive investments in the U.S. relating to products that practice the asserted patents. Nokia specifically refers to several Microsoft facilities in the U.S. which together contain 26.1 million square feet of space, much of which is devoted to performing activities relating to Microsoft devices that practice claims of the asserted patents. Nokia further states that Microsoft invests billions of dollars per year on research and development in the U.S., much of which is related to products that practice claims of the asserted patents. Nokia also states that Samsung has spent, and continues to spend, significant sums in the U.S. relating to activities tied to products that practice claims of the asserted patents.
As to related litigation, Nokia states that, concurrently with the filing of the instant ITC complaint, it is also filing a complaint against Apple in the U.S. District Court for the Eastern District of Texas alleging infringement of the asserted patents. Nokia further states that it has previously asserted the ’247 and ’260 patents against HTC Corp. and related entities, including in ITC Inv. No. 337-TA-847. See our June 7, 2012 post for more details.
With respect to potential remedy, Nokia requests that the Commission issue a permanent exclusion order and permanent cease and desist orders directed at Apple and related entities.