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Saturday, January 14, 2012
USITC Investigates Complaint Against Mobile Makers

The U.S. International Trade Commission (USITC) will inverstigate patent infringements alleged by patent acquisition firm Digitude Innovations against smartphone and tablet makers.

The investigation is based on an amended complaint filed by Digitude Innovations, LLC, of Alexandria, VA, on December 16, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable communication devices that infringe patents asserted by Digitude Innovations. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

Named in Digitude's amended complaint are, Nokia, Motorola Mobility, Research in Motion, HTC, Sony Ericsson, Samsung Electronics, Pantech and LG Electronics.

At issue in the complaint are four patents for mobile technology. One patent covers a management method for remote procedural calls over a computer network, and the second covers methods for providing dual-purpose input/output circuits. The third patent covers a multimode mobile information terminal, and the last covers a mobile communication technology for notifying users of an unopened message.

By instituting this investigation (337-TA-827), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

As usual, the USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.

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