• ALJ Essex Denies Motion for Partial Summary Determination in Certain 3G Mobile Handsets (337-TA-613)
  • March 3, 2015 | Authors: Eric W. Schweibenz; Thomas C. Yebernetsky
  • Law Firm: Oblon, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On January 9, 2015, ALJ Theodore R. Essex issued the public version of Order No. 52 (dated December 22, 2014) in Certain 3G Mobile Handsets and Components Thereof (Inv. No. 337-TA-613).

    By way of background, the Commission instituted this investigation on September 11, 2007 based on a complaint filed by InterDigital Communications Corp. and InterDigital Technology Corporation (collectively "InterDigital"). The complaint, as amended, alleged violations of Section 337 in the importation and sale of certain 3G mobile handsets and components thereof that infringed certain claims of U.S. Patent Nos. 7,117,004 (the '004 patent), 7,190,966 (the '966 patent), 7,286,847 (the '847 patent), and 6,693,579 (the '579 patent). The notice of investigation named Nokia Corp. and Nokia, Inc. (collectively, "Nokia") as Respondents.

    According to the Order, InterDigital filed a motion for partial summary determination that the accused products using Qualcomm chips ("the Qualcomm Devices") meet the same claim elements previously adjudicated by the Commission to have been met using another device. InterDigital argued that the Qualcomm Devices meet the "signal" and "increased power level" limitations based on the Commission's previous determination. In opposition, Respondents argued that summary determination was not appropriate for several reasons. Respondents asserted that the Commission has already determined that the Qualcomm Devices do not infringe the asserted claims of the "Power-Ramp-Up Patents." Additionally, Respondents argued that "they should be given the opportunity to cross examine InterDigital's expert on his findings and credibility."

    ALJ Essex determined that issues of material fact remained. Specifically, ALJ Essex held that issued of material fact remain as to the credibility of InterDigital's expert witness. Accordingly, ALJ Essex denied InterDigital's motion for partial summary determination.