Samsung, RIM Investigated by ITC
January 12, 2009 by Alex
Filed under Patent Litigation
The U.S. International Trade Commission is looking into allegations of patent infringement against Samsung and Research in Motion (RIM). As reported by the Boston Business Journal, both companies are alleged of infringing on patents through importing different, patented technologies.
Samsung Telecommunications America LLC is a respondent in a November 17 patent infringement complaint filed by Eastman Kodak Co. The complaint seeks to exclude certain wireless phones, and other wireless devices containing digital cameras, from entering the United States.
On that same day, Samsung Telecommunications and RIM were the subject of a complaint sent to the ITC by Spansion. The complaint also included Apple Inc. as a respondent, and linked the companies to the importation of products that included “flash” memory chips which infringed on Spansion patents. In addition to the complaint, Spansion also filed a lawsuit against Samsung in which they are seeking an injunction as well as monetary damages.
Why would a company bring their case to the ITC rather than following traditional litigation? The ITC process takes about 14 to 15 months in total, which is significantly less time than going to court. The ITC also has national jurisdiction, whereas plaintiffs in litigation must worry about having their cases transferred to unfavorable venues. The last favorable aspect of complaining to the ITC, is that it generally is viewed as having strong patent expertise, compared to the 1% of federal courts dockets relating to patent disputes.
But, there are downsides to bringing a case to the ITC. First, companies that bring complaints before the ITC cannot get monetary damages. The next negative aspect is that ITC does not have a remedy for past infringements on patents that are about expire.
LCD Screen Patent Investigation Initiated by ITC
January 9, 2009 by Alex
Filed under Patent Litigation
The U.S. International Trade Commission has voted to investigate a patent complaint on the import of cold cathode fluorescent lamp (CCFL) inverter circuits. The circuits provide power to CCFLs, and it is used in laptop screens and other LCD displays, PC World reports.
The complaint was filed on December 15 by O2 Micro, and it asked the ITC to ban the import of CCFL inverter circuits by the following five companies: Monolithic Power Systems, Microsemi, AsusTek Computer, LG Electronics and BenQ. The complaint accuses these five companies of importing products containing LCD screens that violate a series of patents owned by O2.
The timetable for the ITC is to pick a target date to complete the investigation within 45 days after it begins its investigation. After a series of hearings, a judge will then determine whether there have been violations of U.S. trade law. The judge’s ruling is subject to review by the ITC.
