New IPR Infringement Petition on Portable Communication Devices

The International Trade Commission received Dec. 1 a petition requesting that it institute a Section 337 investigation regarding certain portable communication devices. The proposed respondents are from Canada, Taiwan, Korea, Japan, Sweden, Finland and the U.S.

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted. The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

The proposed respondents are: Research In Motion Ltd., Canada; Research In Motion Corp., Irving, TX; HTC Corporation, Taiwan; HTC America, Inc., Bellevue, WA; LG Electronics, Inc., South Korea; LG Electronics U.S.A. Inc., Englewood Cliffs, NJ; LG Electronics MobileComm U.S.A. Inc., San Diego, CA; Motorola Mobility Holdings, Inc., Libertyville, Illinois; Samsung Electronics Co., Ltd., South Korea; Samsung Electronics America, Inc., Ridgefield Park, New Jersey; Samsung Telecommunications America, LLC, Richardson, TX; Sony Corportion, Japan; Sony Corporation of America, New York, NY; Sony Electronics, Inc., San Diego, CA; Sony Ericsson Mobile Communication AB, Sweden; Sony Ericsson Mobile Communication (USA) Inc., Research Triangle Park, NC; Amazon.com, Inc., Seattle, WA; Nokia Corporation, Finland; and Nokia Inc., Irving, TX.