Japan's Maxell files a 5-Count Patent Infringement complaint against Apple with the US International Trade Commission
Patently Apple posted a legal report back March 2019 titled "Maxell (Hitachi) Launches a 10 Count Patent Infringement case against Apple covering iDevices using Maps, FaceTime and more." Maxell is the world leader in batteries, one of the global leaders in professional broadcasting media and one of the global leaders in removable data storage media. Our 2019 report listed the 10 patents found in the lawsuit along with a full SCRIBD document of the patent infringement filing by Maxell.
Today the United States International Trade Commission (USITC) posted a formal press release titled "USITC Institutes Section 337 Investigation of Certain Mobile Electronic Devices and Laptop Computers." The investigation is based on a complaint filed by Maxell, Ltd., of Kyoto, Japan, on July 17, 2020.
The complaint against Apple Inc. alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile electronic devices and laptop computers that infringe patents asserted by the complainant.
The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
By instituting this investigation (337-TA-1215), the USITC has not yet made any decision on the merits of the case.
The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.
The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.
USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
The Commission has said in a notice that "mobile devices, tablets, smartwatches, and laptop computers sold under the Apple brand name' are included in the investigation." The full notice is presented below in full for your review.
The patents listed in the formal complaint presented further below differ from those filed in Maxell's patent infringement case filed last year. The new patents that Apple allegedly infringes include the following:
7,203,517 (2007 Hitachi) titled "Mobile communication terminal device"
8,982,086 (2015 Hitachi Maxell) titled "Information processing apparatus"
7,199,821 (2007 Hitachi) titled "Imaging apparatus and method for controlling white balance"
10,129,590 (2007 Hitachi) titled "Imaging apparatus and method for controlling white balance."
10,176,848 (2007 Hitachi) titled "Imaging apparatus and method for controlling white balance."
The Notice of Institution of Investigation