On April 28, 2022, ALJ David P. Shaw issued the public version of his April 1, 2022 final initial determination ("ID") finding no violation of Section 337 in Certain UMTS and LTE Cellular Communication Modules and Components Thereof (Inv. No. 337-TA-1240).
By way of background, this investigation is based on a December 17, 2020 complaint filed by Koninklijke Philips N.V. of the Netherlands and Philips RS North America LLC (f/k/a Respironics, Inc.) of Pittsburgh, Pennsylvania (collectively, "Complainants") alleging a violation of Section 337 by ten respondents in the unlawful importation/sale of certain UMTS and LTE cellular communication modules and products containing the same that infringe U.S. Patent Nos. 7,831,271 ("the '271 patent"); 8,199,711 ("the '711 patent"); 7,554,943 ("the '943 patent"); and 7,944,935 ("the '935 patent"). The asserted patents generally relate to improved methods and devices to enable flexible and efficient multiplexing of data packets, and solve various problems in radio and mobile communications systems. See our February 19, 2021 post for more details regarding the complaint and Notice of Investigation.
According to the ID, ALJ Shaw found no violation of Section 337 based on the following conclusions of law:
- The Commission has subject matter, personal, and in
rem jurisdiction in this investigation.
- The accused products have been imported or sold for importation
into the United States.
- The accused products do not infringe the asserted claims
(method claims 1-3, and apparatus claims 9-11, and 17) of the
'935 patent.
- The accused products do not infringe the asserted claim
(apparatus claim 12) of the '943 patent and asserted claims
(apparatus claim 9 and method claim 12) of the '711
patent.
- The accused products do not infringe the asserted claims
(method claims 1-4 and apparatus claims 5-8) of the '271
patent.
- The domestic industry requirement has not been satisfied with
respect to any of the asserted patents.
- It has not been shown by clear and convincing evidence that the
asserted claims of the asserted patents are patent ineligible under
35 U.S.C. § 101.
- It has not been shown by clear and convincing evidence that the
asserted claims of the '935 patent are invalid.
- It has been shown by clear and convincing evidence that
asserted claim 12 of the '943 patent and asserted claim 9 of
the '711 patent are indefinite.
- It has been shown by clear and convincing evidence that claims
9 and 12 of the '711 patent are rendered obvious by certain
prior art references.
- It has been shown by clear and convincing evidence that
asserted claims 1-8 of the '271 patent are indefinite.
- It has been shown by clear and convincing evidence that the
four asserted patents are unenforceable under the doctrine of
implied waiver.
- Complainants have not granted express and/or implied license to
the asserted patents.
- Complainants are not equitably estopped from seeking an exclusion order against respondents.
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