On November 17, 2011, Graphics Properties Holdings, Inc. of New Rochelle, New York (“GPH”) 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 consumer electronics and display devices and products containing same that infringe one or more claims of U.S. Patent Nos. 6,650,327 (the ‘327 patent), 6,816,145 (the ‘145 patent), and 5,717,881 (the ‘881 patent) (collectively, the “asserted patents”):

  • Research In Motion Ltd. of Canada
  • Research In Motion Corp. of Irving, Texas
  • HTC Corporation of Taiwan
  • HTC America, Inc. of Bellevue, Washington
  • LG Electronics, Inc. of South Korea
  • LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey
  • LG Electronics MobileComm U.S.A., Inc. of San Diego, California
  • Apple Inc. of Cupertino, 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 Corporation of Japan
  • Sony Corporation of America of New York, New York
  • Sony Ericsson Mobile Communications AB of Sweden
  • Sony Ericsson Mobile Communications (USA) Inc. of Research Triangle Park, North Carolina

According to the complaint, the asserted patents generally relate to various aspects of consumer electronics and display technology.  In particular, the ‘327 patent relates to a display system and process where geometry, rasterization, and frame buffer values are predominately determined by floating point numbers.  The ‘145 patent relates to a liquid crystal flat panel display monitor with a wide aspect ratio that is particularly well suited for the display of text, graphics, and other types of still and/or motion audio/visual works.  Lastly, the ‘881 patent relates to a computer data processing apparatus including an instruction set adapted to issue one and two parcel instructions.

In the complaint, GPH states that the Proposed Respondents import and sell products that infringe the asserted patents.  The complaint specifically identifies a number of infringing products associated with the various Proposed Respondents.

Regarding domestic industry, GPH states that it has an extensive domestic licensing program focused on the asserted patents.  According to the complaint, GPH invests heavily in the exploitation of its technologies and patents, including the asserted patents, through its extensive licensing activities.  GPH states that it employs licensing professionals in the U.S. to evaluate its patent holdings, and that these licensing professionals work alongside intellectual property counsel in evaluating licensing opportunities in the consumer electronics and display devices industry.  Additionally, GPH states that a domestic industry exists by virtue of the U.S. activities of its licensees, which include Microsoft Corporation (“Microsoft”) and International Business Machines Corporation (“IBM”).  According to the complaint, Microsoft practices the ‘327 and ‘881 patents and IBM practices the ‘145 and ‘881 patents in the U.S.

With respect to potential remedy, GPH requests that the Commission issue a limited exclusion order and a cease and desist order directed at the domestic Proposed Respondents.