Original Filing by IDCC at US ITC-Case# 337-TA-1373
Original Filing by IDCC at US ITC-Case# 337-TA-1373
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN ELECTRONIC DEVICES,
INCLUDING SMARTPHONES,
COMPUTERS, TABLET COMPUTERS,
AND COMPONENTS THEREOF
Inv. No. 337-TA-1373
NOTICE OF INSTITUTION OF INVESTIGATION
Institution of Investigation Pursuant to 19 U.S.C. 1337
AGENCY: U.S. International Trade Commission
ACTION: Notice
SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International
Trade Commission on September 1, 2023, under section 337 of the Tariff Act of 1930, as
amended, on behalf of InterDigital, Inc., InterDigital VC Holdings and InterDigital Patent
Holdings, Inc., of Wilmington, Delaware; and InterDigital Madison Patent Holdings SAS of
France. The complaint, as supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the sale within the United States
after importation of certain electronic devices, including smartphones, computers, tablet
computers, and components thereof by reason of the infringement of certain claims of U.S.
Patent No. 10,250,877 (“the ’877 patent”); U.S. Patent No. 8,674,859 (“the ’859
patent”); U.S. Patent No. 9,674,556 (“the ’556 patent”); U.S. Patent No. 9,173,054 (“the ’054
patent”); and U.S. Patent No. 8,737,933 (“the ’933 patent”). The complaint further alleges that an
industry in the United States exists, or is in the process of being established, as required by the
applicable Federal Statute.
The complainant requests that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information contained therein, may
be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help
accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised
that information on this matter can be obtained by contacting the Commission’s TDD terminal
on (202) 205-1810. Persons with mobility impairments who will need special assistance in
gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000.
General information concerning the Commission may also be obtained by accessing its internet
server at https://www.usitc.gov.
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FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
AUTHORITY: The authority for institution of this investigation is contained in section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s
Rules of Practice and Procedure, 19 C.F.R. 210.10 (2023).
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International
Trade Commission, on October 4, 2023, ORDERED THAT –
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an
investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of
section 337 in the importation into the United States, the sale for importation, or the sale within
the United States after importation of certain products identified in paragraph (2) by reason of
infringement of one or more of claims 1, 4, 7, and 8 of the ’877 patent; claims 10 and 15 of the
’859 patent; claims 1, 3-5, 7 and 8 of the ’566 patent; claims 1 and 23 of the ’933 patent; and
claims 1 and 23 of the ’054 patent, and whether an industry in the United States exists or is in the
process of being established as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and
Procedure, 19 C.F.R. 210.10(b)(1), the plain language description of the accused products or
category of accused products, which defines the scope of the investigation, is “smartphones,
computers, tablet computers, and components thereof”;
(3) For the purpose of the investigation so instituted, the following are hereby named as
parties upon which this notice of investigation shall be served:
(a) The complainants are:
InterDigital, Inc.
200 Bellevue Parkway, Suite 300
Wilmington, DE 19809
InterDigital VC Holdings, Inc.
200 Bellevue Parkway, Suite 300
Wilmington, DE 19809
InterDigital Patent Holdings, Inc.
200 Bellevue Parkway, Suite 300
Wilmington, DE 19809
InterDigital Madison Patent Holdings SAS
3 Rue Du Colonel Moll
Paris, France 75017
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(b) The respondents are the following entities alleged to be in violation of section
337, and are the parties upon which the complaint is to be served:
Lenovo Group Limited
23rd Floor, Lincoln House, Taikoo Place
979 King’s Road
Quarry Bay, Hong Kong SAR
Lenovo (United States) Inc.
8001 Development Dr.,
Morrisville, North Carolina 27560
Motorola Mobility LLC
222 W. Merchandise Mart Plaza, Suite 1800
Chicago, Illinois 60654
(c) The Office of Unfair Import Investigations, U.S. International Trade
Commission, 500 E Street, S.W., Suite 401, Washington, D.C. 20436; and
(4) For the investigation so instituted, the Chief Administrative Law Judge, U.S.
International Trade Commission, shall designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be submitted by the
named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and
Procedure, 19 C.F.R. 210.13. Pursuant to 19 C.F.R. 201.16(e) and 210.13(a), as amended in 85
Fed. Reg. 15798 (March 19, 2020), such responses will be considered by the Commission if
received not later than 20 days after the date of service by the complainants of the complaint and
the notice of investigation. Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each allegation in the complaint and in
this notice may be deemed to constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative law judge and the
Commission, without further notice to the respondent, to find the facts to be as alleged in the
complaint and this notice and to enter an initial determination and a final determination
containing such findings, and may result in the issuance of an exclusion order or a cease and
desist order or both directed against the respondent.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: October 5, 2023
