On March 11, 2013, STMicroelectronics, Inc. of Coppell, Texas (“STM”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that InvenSense, Inc. of Sunnyvale, California (“InvenSense”), Roku, Inc. of Saratoga, California (“Roku”), and Black & Decker (U.S.), Inc. of New Britain, Connecticut (“Black & Decker”) (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain microelectromechanical systems (“MEMS devices”) and products containing same that infringe one or more claims of U.S. Patent Nos. 7,450,332 (the ‘332 patent), 7,409,291 (the ‘291 patent), 6,928,872 (the ‘872 patent), 6,370,954 (the ‘954 patent), and 6,034,419 (the ‘419 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to MEMS devices. In particular, the ‘332 patent relates to MEMS devices that are capable of detecting free-fall and are suitable for incorporation into a portable electronic device. The ‘291 patent relates to a MEMS device that detects states of motion and rest using a motion sensor. The ‘872 patent relates to an integrated gyroscope, which includes driving assemblies, sensitive masses and sensing electrodes, that provides more precise motion detecting and greater reliability over prior technology. The ‘954 patent relates to MEMS devices that sense movement. Lastly, the ‘419 patent relates to semiconductor devices, such as MEMS devices, that incorporate tungsten contacts.
In the complaint, STM states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various products associated with each of the Proposed Respondents.
Regarding domestic industry, STM states that many of its MEMS devices—including the L3G4200D and LIS331DLH—practice the asserted patents. STM further states that it has made and continues to make significant investments in the U.S. in plant, equipment, labor, and capital, as well as substantial investments in the U.S. in research and development and engineering relating to articles protected by the asserted patents. According to the complaint, these activities include domestic research, engineering (including design-in engineering), testing, technical marketing, and repair and service relating to STM’s MEMS devices protected by the asserted patents. STM specifically refers to its facilities in Texas, California, and Colorado.
As to related litigation, STM states that it sued InvenSense for infringement of the ‘332, ‘291, and ‘872 patents in the U.S. District Court for the Northern District of California. However, that case is currently stayed pursuant to a court order. In addition, STM states that it is suing InvenSense, Roku, and Black & Decker for infringement of the ‘954 and ‘419 patents in the U.S. District Court for the Northern District of California.
With respect to potential remedy, STM requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents, their subsidiaries, related companies, and agents.