ITC: a year in review 2011
The smartphone wars
HTC, Samsung, Apple, Sony Ericsson, Motorola, Microsoft, RIMs, Nokia, Interdigital, Huawei, Google and others have all had roles in ITC cases in the past year, covering smartphones, other mobile devices and screen technology.
"WITH MANY OF THESE DISPUTES BACKED UP BY COURT ACTIVITY IN THE US AND INTERNATIONALLY, AND PATENT PORTFOLIOS CHANGING HANDS AS COMPANIES INVEST, IT MAY BE SOME TIME BEFORE WE CAN JUDGE WHO THE EVENTUAL WINNERS AND LOSERS WILL BE."
This game of sue and countersue has kept attorneys and commentators alike on their toes, as companies in the smartphone industry try to leverage their patent portfolios to secure market position. With many of these disputes backed up by court activity in the US and internationally , and patent portfolios changing hands as companies invest, it may be some time before we can judge who the eventual winners and losers will be.
Toning up
In 2010, Lexmark filed a patent infringement complaint against 24 companies it said were infringing up to 15 patents covering printer toner cartridges. Lexmark sought a general exclusion order banning the import of the allegedly infringing products. But by February 9, 2011, the company had settled with many of the defendants. For the remainder, the ITC issued its initial determination in the case, alongside an exclusion order in June covering the import of all toner cartridges that infringe the patents.
Gunning for the competition
Gunmakers Smith & Wesson and Thomson/Center Arms Company jointly filed a complaint in May against seven companies accused of importing muzzle-loading firearms into the US that infringe six patents.
Alongside this action, as is often true of ITC cases, the companies have filed a parallel action in district court against the companies, who are based in the US and Spain. Smith & Wesson and Thomson/Center Arms Company are seeking an exclusion order and cease and desist orders. The ITC agreed to open an investigation in June.
China focus
Alongside its Section 337 (intellectual property) responsibilities, the ITC can be asked to investigate particular trade issues by the US Senate. In December, it released a report entitled China: Intellectual Property Infringement, Indigenous Innovation Policies, and Frameworks for Measuring the Effects on the US Economy.
The investigation found that there remain “significant structural and institutional impediments” in China that restrict the enforcement of IP rights. It found that Chinese policy is to foster a general acceptance of Chinese brands over foreign brands, and highlighted the difficulties of prosecuting civil IP cases in the country.
