ITC To Review Lenovo Smartphone, Computer Imports
By Ryan Lynch · Listen to article
Law360 (October 6, 2023, 8:19 PM EDT) -- The U.S. International Trade Commission has agreed to investigate whether Lenovo smartphones, computers and other imports infringe five wireless file-sharing patents by InterDigital.
The ITC's Thursday notice to launch an investigation comes after InterDigital Inc. and related entities — InterDigital VC Holdings, InterDigital Patent Holdings Inc. and InterDigital Madison Patent Holdings SAS — filed an ITC complaint on Sept. 1 alleging Lenovo violated Section 337 of the Tariff Act by importing smartphones, computers, tablet computers and other components that infringe InterDigital's patents.
They accuse Lenovo Group Ltd., Lenovo (U.S.) Inc. and subsidiary Motorola Mobility LLC of failing to pay a "fair share" for using patents related to AOMedia Video 1 and VP9 specifications, which allow for "delivery and consumption of an enormous amount of video content" online.
As an example, the patents are used in Apple's AirDrop service, according to the complaint, and companies including Apple have opted to license InterDigital's patents.
InterDigital has asked the ITC to issue a limited exclusion order against Lenovo, along with the issuance of cease-and-desist orders, based on alleged Section 337 violations.
The ITC's initiation of the investigation means the matter will be referred to one of the agency's administrative law judges. After conducting a hearing, the administrative law judge will make an initial determination on the merits of the case that is then subject to ITC review.
InterDigital had less luck at the Federal Circuit Friday, where a panel issued a pair of one-line orders upholding the invalidation of its patent claims, albeit different patents. The Patent Trial and Appeal Board had trimmed those wireless communication patents in a challenge requested by Lenovo and Motorola.
The companies and InterDigital's counsel did not respond to requests for comment about the ITC matter. Federal Circuit counsel for Lenovo and InterDigital declined to comment Friday.
The patents-at-issue at the ITC are U.S. Patent Nos. 10,250,877; 8,674,859; 9,674,556; 9,173,054; and 8,737,933. The patents-in-suit at the Federal Circuit are U.S. Patent Nos. 8,199,726 and 9,456,449.
