On March 27, 2017, LG Electronics, Inc. of South Korea, LG Electronics Alabama, Inc. of Huntsville, Alabama, and LG Electronics MobileComm U.S.A., Inc. of Englewood Cliffs, New Jersey (collectively, “LGE”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that BLU Products, Inc. and CT Miami, LLC (collectively, “BLU”)—both of Doral, Florida—unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain LTE wireless communication devices and components thereof that infringe one or more claims of U.S. Patent Nos. 7,916,714 (the ’714 patent), 8,107,456 (the ’456 patent), 9,191,173 (the ’173 patent), 9,225,572 (the ’572 patent), and 8,891,560 (the ’560 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to technology that is essential to practicing the 3GPP LTE standard. In particular, the ’714 patent relates to devices and methods for processing synchronization codes such that cell identification and synchronization is quicker and more reliable. The ’456 patent relates to a method and system that performs synchronization initiated by a mobile device in a wireless communication system. The ’173 patent relates to a method for transmitting and receiving resource allocation information in a mobile communication system. The ’572 patent relates to methods and apparatuses for transmitting and receiving a reference signal in a wireless communication system. Lastly, the ’560 patent relates to a method and device for transmitting control signals in a wireless communication system.
In the complaint, LGE states that BLU imports and sells products that infringe the asserted patents. The complaint specifically refers to the Vivo 5R 4G LTE, Vivo 5, Vivo XL 4G LTE, Pure XR 4G, Life Max 4G, Life One X2 4G LTE, New XL 4G, Energy XL 4G, Studio ONE 4G LTE, and Studio G HD 4G LTE as infringing products.
Regarding domestic industry, LGE states that it sells numerous mobile phone models that practice at least one claim of each of the asserted patents. LGE references its V20 mobile phone as a representative domestic industry product. As to the economic prong, LGE states that it conducts research and development, product support, testing, quality management, warranty and repair service, and engineering in the U.S. relating to products that practice the asserted patents. LGE specifically references facilities in Alabama, California, Texas, New Jersey, Kansas, Georgia, and Illinois where it conducts relevant domestic industry activities.
As to related litigation, LGE states that, concurrently with the filing of the instant ITC complaint, it is also filing a complaint against BLU in the U.S. District Court for the District of Delaware alleging infringement of the asserted patents.
With respect to potential remedy, LGE requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at BLU.