William Gallagher
The USITC has agreed to conduct a widespread investigation of Apple and a dozen more technology firms, following a filing from a patent troll based in Ireland.
Apple is one of 13 companies, including multiple divisions of Samsung and Lenovo, which are collectively to be investigated in response to a filing from Arigna Technology Limited of Dublin.
"The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain power semiconductors, and mobile devices and computers containing same," says the USITC in a statement. "The complainant requests that the USITC issue a limited exclusion order and cease and desist orders."
"By instituting this investigation," it continues, "the USITC has not yet made any decision on the merits of the case."
The USITC's full notice of investigation says its scope covers, "power semiconductors with envelope tracking modules, and products such as mobile devices, tablets, and laptop computers containing the same."
Arigna Technology has lodged this complaint with the USITC in support of its suit against the same companies filed with the US District Court for the Western District of Texas in February 2022. That suit is the core of the complaint, and alleges that all big tech is infringing on its wireless patents.
The wireless patents at the heart of the trial in filed in Texas are mostly about modems and hardware, which none of the sued companies make for themselves. It's not clear why the company isn't suing the licensors of the technology, instead of the big tech companies that use the products in question.
The Dublin company is a non-practicing entity (NPE), which is currently involved in many patent suits. It reportedly acquired over 30 patent assets from Mitsubishi Electric in February 2020. So far, it has been using them to sue companies in the automotive industry.
Separately, the USITC has been investigating Apple and Ericsson over patent disputes.
Chip Loder
Marko Zivkovic
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9 Comments
We need IP and Patent reform, now. That includes the USITC. These NPE's are completely out of control and are damaging innovation and the free market. As an NPE, you shouldn't be able to buy a batch of patents on something as ubiquitous as Wi-Fi, then sue for decades based on that portfolio you own. Meanwhile, you produce nothing other than. lawyers' fees and paperwork. You didn't invent the tech. You never produced the tech. You have no intention of producing the tech, or anything at all....ever. I'm not an attorney (though I know an IP lawyer VERY well), so I can't speak to the verbiage. But there needs to be reform that prevents these baseless and/or vague lawsuits from derailing companies whoa are actually using and producing things.
The fact that this is a so-called NPE is irrelevant. Totally irrelevant. The owner of something can do with it what they wish. Should a rare Ferrari be worth less because it’s owner doesn’t drive it?
I remember watching a movie about the actual inventor of intermittent windshield wipers. A car manufacturer stole the design and the inventor had to go to court and he finally prevailed. I don’t remember if he kept the patent but he had an actual unique product, not a theory. These patents need to be protected because they’re real products. The majority of junk getting patented today aren’t unique products, just ideas.