September 8, 2022
Edited by Caitlin E. O'Connell; Elizabeth D. Ferrill
In INVT SPE LLC v. International Trade Commission, No. 2020-1903 (Fed. Cir. Aug. 31, 2022), the Federal Circuit affirmed the International Trade Commission’s (“ITC”) determination that the respondents did not violate 19 U.S.C. § 1337.
INVT alleged that the importation and sale of LTE-compliant personal electronic devices infringed U.S. Patent Nos. 6,760,590 (“the ’590 patent”) and 7,848,439 (“the ’439 patent”). The ITC determined that the asserted claims were not essential to the LTE standard and that the accused products did not infringe the asserted claims.
The Federal Circuit affirmed the ITC’s determination with respect to the ’439 patent. First, the Court found that INVT had failed to establish infringement of the asserted claims. The Court acknowledged that the asserted claims only required that a device be capable of performing the claimed functions but found that INVT had failed to show the accused devices performed the claimed functions when put into operation. Second, the Court found that the asserted claims were not standard essential because not every LTE-compliant compliant device performed the claimed functions. With respect to the ’590 patent, the Federal Circuit held that the appeal was moot because the ’590 patent had expired, and the ITC can only grant prospective relief.
Copyright © 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Webinar
March 21, 2023
Webinar
Webinar
February 22, 2023
Webinar
Due to international data regulations, we’ve recently updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
The Finnegan UPC Hub is a one-stop shop for our insights related to the Unified Patent Court (UPC).