On February 17, 2022, the ITC issued a Notice of Investigation in Certain Mobile Phones, Tablet Computers, Smart Watches, Smart Speakers, and Digital Media Players, and Products Containing Same (Inv. No. 337-TA-1300).
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 phones, tablet computers, smart watches, smart speakers, and digital media players, and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,151,430 ("the '430 patent"); U.S. Patent No. 9,509,273 ("the '273 patent"); U.S. Patent No. 9,853,621 ("the '621 patent"); U.S. Patent No. 7,957,770 ("the '770 patent"); and U.S. Patent No. 9,705,400 ("the '400 patent").
According to the complaint, the '430 patent relates to inductors implemented within a semiconductor chip; the'273 and'621 patents relate to a transformer filter arrangement that can be integrated into a radio receiver or transmitter circuit; the '770 patent discloses a mobile terminal with a touch input device that detects an external contact, a vibrator connected to the mobile terminal, and a controller that causes the vibrator to vibrate in response to an external touch of the input device independent of whether the mobile terminal is in a vibrate mode that may cause the vibrator to vibrate in response to incoming and outgoing telephone calls, incoming and outgoing messages, an alarm, or games; and the ʼ400 patent relates to an output subsystem that is selectively configured by a controller to perform multiple different functions. The accused products are certain mobile phones, tablet computers, smart watches, smart speakers, and digital media players manufactured by or on behalf of Apple, including iPhone mobile phones, iPad tablet computers, Apple Watch smart watches, Apple HomePod smart speakers, and Apple TV digital media player products. 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 MaryJoan McNamara will preside in the investigation.
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