On February 17, 2022, the ITC issued a Notice of Investigation in Certain Mobile Telephones, Tablet Computers With Cellular Connectivity, and Smart Watches With Cellular Connectivity, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1299).
By way of background, this investigation is based on a January 18, 2022 complaint filed by Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden (collectively, "Ericsson") alleging violations of section 337 by Respondent Apple, Inc. of Cupertino, California ("Apple") in the unlawful importation/sale of certain mobile telephones, tablet computers with cellular connectivity, and smart watches with cellular connectivity, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,102,805 ("the '805 patent"); U.S. Patent No. 9,532,355 ("the '355 patent"); U.S. Patent No. 11,139,872 ("the '872 patent"); and U.S. Patent No. 10,425,817 ("the '817 patent").
According to the complaint, the '805 patent relates to a technique for a base station and a user's cellular device to talk to each other when an error occurs during an initial reception of data by the cellular device and that data must be retransmitted; the '355 patent relates to a flexible and efficient method for transmitting system information in a wireless communication network; the '872 patent relates to codebook subset restriction signaling for use in a wireless communication system; and the '817 patent relates to a system and method for maintaining the confidentiality of a subscriber's unique identifier in a wireless communication network. Ericsson alleges that the asserted patents are essential to either the 4G LTE or 5G standard, and that Ericsson sought unsuccessfully to license the patents with Apple on fair, reasonable, and non-discriminatory ("FRAND") terms. The accused products are commercial mobile telephones tablet computers, and smart watches with cellular connectivity, components thereof, and products containing same manufactured by or on behalf of Apple, including the Apple iPhone 13, iPhone 13 Pro, iPhone 13 Pro Max, iPhone 13 mini, as well as other LTE and 5G enabled phones, iPads, and Apple watches. Ericsson is requesting that the Commission issue a limited exclusion order and cease-and-desist order against Apple. According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Clark S. Cheney issued a notice indicating that ALJ David P. Shaw will preside in the investigation.
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