25 February 2014Patents

ITC clears tech firms of patent infringement

The US International Trade Commission (ITC) has cleared a group of technology firms, including Samsung, LG and Nintendo, of infringing a patent owned by an IP licensing company.

Technology Properties Limited LLC, Phoenix Digital Solutions LLC and Patriot Scientific Corporation jointly brought the case against 13 companies in July 2012.

Patriot Scientific holds several patents which it says are fundamental to modern microprocessor design, including claimed patent US 5,809,336. The patents are collectively known as the Moore Microprocessor Patent Portfolio (MMP).

Over 100 companies have licensed the MMP portfolio, it said.

In the complaint to the ITC, the companies said that some wireless consumer electronic devices and components made by the companies infringed claims in the ‘336 patent, which covers a “high performance microprocessor having variable speed system clock”, and sought import bans on  products that use the patent.

The ITC launched an investigation in August 2012. In September 2013, the administrative law judge (ALJ) issued his final initial determination (ID), finding no violation of Section 337, which is designed to protect US IP rights.

On February 19, the commission affirmed the ALJ’s ID, ruling that none of the accused products, including Nintendo’s 3DS and DSi systems, infringe the asserted claims of the ‘336 patent. It also found that the claims were valid.

“Having examined the record of this investigation, including the ALJ’s final ID, the petitions for review and the responses thereto, and the parties’ submissions on review, the commission has determined to find no violation of section 337 with respect to the ’336 patent,” acting secretary to the ITC Lisa Barton wrote.

Richard Medway, deputy general counsel of Nintendo of America, said: “We are very pleased with the commission’s determination, which confirmed the judge’s finding that Nintendo’s products do not infringe the asserted patent.”

He continued: “Nintendo’s track record demonstrates that we vigorously defend patent lawsuits, including cases in the ITC, when we believe we have not infringed another party’s patent. Nintendo continues to develop unique and innovative products while respecting the intellectual property rights of others.”

Cliff Flowers, interim chief executive for Patriot, said: “We are disappointed the ITC has upheld its previous finding in regards to the ‘336 patent.”

In October last year, a district court ruled in favour of Patriot in a case concerning the same patent against Taiwanese phone maker HTC.

“Several of our shareholders question how our October 2013 victory against HTC in the US District Court for the Northern District of California over the same ‘336 patent reconciles with the ITC’s position. Simply stated, we believe the district court got it right, and the ITC got it wrong,” Flowers added.

“We are evaluating our options with the ITC.”

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