4G LTE Base Stations 337 Complaint
Adaptix, Inc. filed a complaint requesting that the U.S.
International Trade Commission commence an investigation pursuant to Section
337.
The complaint alleges that Telefonaktiebolaget LM Ericsson
and Ericsson, Inc. (collectively, the “Proposed Respondents”) unlawfully
manufacture, import, sell for importation, and sell after importation certain
wireless communications base stations and components thereof used in those
systems that infringe at least claims 1, 2, 4, 9, 13–16, 20, 21, 31, 32, 34,
and 41 of U.S. Patent No. 6,870,808.
According to the complaint, the “808” patent relates
generally to techniques for increasing the amount of data that may be
transmitted per time period for a given frequency band between a base station
and mobile-subscriber units. Adaptix
states that the approaches embodied in the “808” patent were adopted by the
wireless-communication industry when the 4G LTE standard was released. Adaptix asserts that the Proposed Respondents
unlawfully manufacture, import, sell for importation, and sell after
importation certain wireless communications base stations and components
thereof used in those systems that infringe the “808” patent. Specifically, Adaptix states that the RBS
6000 family of base stations infringe the “808” patent.
According to the Notice of Investigation, the Commission has
identified Telefonaktiebolaget LM Ericsson of Sweden and Ericsson, Inc. of
Plano, Texas as the respondents in this investigation.
Lastly, Chief ALJ Charles E. Bullock issued a notice
indicating that Theodore R. Essex will be the presiding Administrative Law
Judge in this investigation.
Very interesting, I am curious as to why they did not file sooner especially if the base stations have been used for an extended period of time. Additionally, I will like to see how the patent investigation pans out.
ReplyDeleteNice write up. This sounds like a pretty epic allegation against Ericsson, seeing as that they are pretty deep in the base station game. Like Jon, I wonder how this case will unfold.
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