On March 2, 2021, the ITC issued a Notice of Investigation in Certain LTE-Compliant Cellular Communication Devices (Inv. No. 337-TA-1253).
By way of background, this investigation is based on a February 1, 2021 complaint filed by Evolved Wireless, LLC of Austin, Texas ("Evolved") alleging a violation of Section 337 by Samsung Electronics, Co., Ltd of South Korea, Samsung Electronics America, Inc., of Ridgefield Park, New Jersey, and Motorola Mobility LLC of Chicago, Illinois (collectively, "Respondents") in the unlawful importation and sale in the U.S. of certain LTE-compliant cellular communication devices that infringe Evolved's U.S. Patent Nos. RE46,679 ("the '679 patent"); RE48,326 ("the '326 patent"); and 10,517,120 ("the '120 patent"). According to the complaint, the '679 and '326 patents generally relate to the handover of an LTE cellular device from one cell tower base station (the source base station) to another cell tower base station (the target base station), and the '120 patent generally addresses problems arising from transmission errors when data stored in an LTE mobile device's Message 3 ("Msg3") buffer is transmitted regardless of the reception mode of the Uplink Grant signal.
Evolved is requesting that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed to Respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ Cameron R. Elliot will preside in the investigation.
Originally Published by Oblon, March 2021
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