FR 2021-01604

Overview

Title

Certain UMTS and LTE Cellular Communication Modules and Products Containing the Same; Institution of Investigation

Agencies

ELI5 AI

Philips, a company, says that some gadgets are being sold in America without permission because they copy Philips' ideas from certain special papers called patents. Now, a big group called the U.S. International Trade Commission is looking into it to see if these gadgets should be stopped from being sold.

Summary AI

The U.S. International Trade Commission has started an investigation following a complaint from Koninklijke Philips N.V. and Philips RS North America LLC. They claim that certain UMTS and LTE cellular communication modules infringe on their patents, including patents '271, '711, '943, and '935. The complaint includes allegations against several companies, including Thales, Telit, Quectel, CalAmp Corp., Xirgo Technologies, and Laird Connectivity, for violating section 337 by importing and selling these products in the U.S. Philips requests that the Commission investigate and potentially issue orders to block the importation and sale of these products.

Abstract

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 17, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Koninklijke Philips N.V. of the Netherlands and Philips RS North America LLC (f/k/a Respironics, Inc.) of Pittsburgh, Pennsylvania. A supplement to the complaint was filed January 6, 2021. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain UMTS and LTE cellular communication modules and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,831,271 ("the '271 patent"); U.S. Patent No. 8,199,711 ("the '711 patent"); U.S. Patent No. 7,554,943 ("the '943 patent"); and U.S. Patent No. 7,944,935 ("the '935 patent"). The complaint further alleges that an industry in the United States exists and/or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Type: Notice
Citation: 86 FR 7305
Document #: 2021-01604
Date:
Volume: 86
Pages: 7305-7306

AnalysisAI

The document provides notice from the U.S. International Trade Commission (USITC) regarding a complaint filed by Koninklijke Philips N.V. and Philips RS North America LLC. The complaint, which initiates an investigation into potential patent infringement, alleges that certain companies have imported and sold products in the United States that infringe on Philips' patents in the realm of UMTS and LTE cellular communication modules.

Summary of the Document

The complaint, filed on December 17, 2020, and supplemented on January 6, 2021, claims violations of section 337 of the Tariff Act of 1930. The patents allegedly infringed upon include U.S. Patent Nos. 7,831,271, 8,199,711, 7,554,943, and 7,944,935. These patents cover specific technologies related to cellular communication modules. The document outlines that an investigation has been instituted to assess whether these imports violate US laws by infringing on Philips' patents. Philips is seeking a limited exclusion order and cease and desist orders against the accused companies, aiming to block further importation and sale of the allegedly infringing products.

Significant Issues or Concerns

One major concern in the document is its heavy reliance on legal and technical language that may be inaccessible to lay readers. Terms specific to patent law and international trade, as well as references to legal statutes, might obscure the document's implications for those not familiar with such jargon. Furthermore, the document does not provide detailed information on the nature of the alleged infringement, thus leaving nonspecialist readers wanting a more comprehensive understanding of the issue.

The document also delineates complex procedures for the named respondents to follow in order to contest the allegations. The potential penalties for not responding in a timely or appropriate manner are significant, underscoring the need for respondents to engage legal expertise.

Impact on the Public

At a broad level, this investigation can affect consumers, businesses, and the telecommunications industry within the United States. If Philips' claims are upheld, there could be limited availability of certain cellular communication products, possibly resulting in increased costs or delays for devices employing such technologies. This might impact consumers who rely on these technologies for everyday communication or specialized business applications.

Impact on Specific Stakeholders

For the companies named in the complaint, such as Thales, Telit, Quectel, and others, the stakes are considerable. Unfavorable outcomes could lead to significant financial consequences, reputational damage, and disruption of business operations. They might need to halt importation or restructure their product offerings to comply with U.S. patent law.

Conversely, a positive outcome for Philips might reinforce patent protections and deter similar infringements, strengthening their market position and intellectual property rights. Success in this legal action could enhance their ability to control the market for the relevant technologies, potentially leading to dominant market influence.

The document also highlights the role of the USITC in safeguarding U.S. markets from unfair trade practices, which is significant in maintaining fair competition and protecting domestic industries from foreign companies that might disregard U.S. patent laws. However, how the laws are applied and enforced in such cases remains critical to ensuring just outcomes that do not inadvertently stifle competition or innovation.

In all, this legal proceeding serves as a pivotal moment for all involved, illustrating the intricate balance between protecting intellectual property rights and fostering an open, competitive market.

Issues

  • • The document contains legal and administrative terms that may be difficult for the general public to understand without additional context or explanation.

  • • The document does not specify the nature of the infringement beyond the patents listed, making it unclear what specific actions or products are alleged to infringe the patents.

  • • The process for respondents to submit responses and the consequences of not responding are complex and might be confusing, requiring legal knowledge to fully comprehend.

  • • The document's format and structure are typical for legal notices, which might not be accessible or engaging for non-expert readers.

  • • The mention of specific companies associated with alleged patent infringement might imply endorsement or bias without detailed evidence presented in the text.

Statistics

Size

Pages: 2
Words: 1,512
Sentences: 25
Entities: 194

Language

Nouns: 518
Verbs: 88
Adjectives: 41
Adverbs: 8
Numbers: 122

Complexity

Average Token Length:
4.54
Average Sentence Length:
60.48
Token Entropy:
5.32
Readability (ARI):
33.66

Reading Time

about 7 minutes