On May 9, 2017, ARRIS Enterprises LLC of Suwanee, Georgia (“ARRIS”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Sony Corp. of Japan, Sony Corp. of America of New York, New York, Sony Electronics Inc. of San Diego, California, Sony Interactive Entertainment, Inc. of Japan, Sony Mobile Communications (USA), Inc. of San Mateo, California, Sony Interactive Entertainment LLC of San Mateo, California, and Sony Interactive Entertainment America LLC of San Mateo, California (collectively, “Sony”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-Ray players that infringe one or more claims of U.S. Patent Nos. 6,473,858 (the ’858 patent), 6,934,148 (the ’148 patent), 7,113,502 (the ’502 patent), 7,752,564 (the ’564 patent), 8,300,156 (the ’156 patent), and 9,521,466 (the ’466 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to consumer electronics technology. In particular, the ’858 patent relates to a digital broadcast receiver and reception system for receiving and tuning a broadcast signal, a demodulator for demodulating a broadcast signal, a decoder for decoding an information stream from the broadcast signal, and a processor for identifying, extracting, and decrypting an information stream. The ’148 patent relates to a path of intake air flowing into an electronics chassis, and to how baffle placement can cause the intake air to progress along a non-linear horizontal path on its way to the centrifugal air blower. The ’502 patent relates to a broadband multimedia system for efficient delivery of multimedia content. The ’564 patent relates to a graphical user interface that provides for navigation of visual cards (e.g., graphical representations of options), using filters. The ’156 patent relates to a remote control with an integrated display screen for controlling a digital video recorder. Lastly, the ’466 patent relates to conserving resources associated with delivery of television content over a packet network.
In the complaint, ARRIS states that Sony imports and sells products that infringe the asserted patents. The complaint specifically refers to various Sony televisions and Blu-Ray/DVD players, PlayStation gaming consoles, and Xperia smartphones and tablets as infringing products.
Regarding domestic industry, ARRIS states that many of its own products, e.g., its DCX3635 Cable Media Gateway, practice claims of the asserted patents. ARRIS further states that it and its licensee, Espial DE, Inc., have made significant and substantial investments in the U.S. relating to products that practice the asserted patents. ARRIS states that it has conducted engineering, design, research, development, distribution, technical support, maintenance, warranty, repair, sales, and marketing activities in the U.S. relating to its domestic industry products. ARRIS further states that it employs at least 3,990 persons in the U.S., a significant portion of whom are involved in activities relating to the domestic industry products. ARRIS specifically refers to relevant facilities in Georgia, Pennsylvania, Massachusetts, and California in support of its domestic industry contentions.
As to related litigation, ARRIS states that, contemporaneously with the filing of the instant ITC complaint, it is also filing a complaint against Sony in the U.S. District Court for the Northern District of California asserting infringement of the ’858, ’148, ’564, and ’466 patents. ARRIS further states that it previously filed a complaint against Sony in the U.S. District Court for the Northern District of California alleging infringement of the ’156 and ’502 patents (and other patents), and that that case remains pending. ARRIS further states that it is currently a respondent in ITC Inv. No. 337-TA-1049, which was instituted on April 12, 2017 based on a complaint filed by Sony. See our April 12, 2017 post for more details.
With respect to potential remedy, ARRIS requests that the Commission issue a limited exclusion order and cease and desist orders directed at Sony.