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Motorola Asks ITC to Ban RIMs U.S. Imports Amid Licensing Impasse
On January 22, 2010, Motorola, Inc. filed a complaint with the United States International Trade Commission (“ITC”) requesting an investigation under section 337 of the Tariff Act of 1930, into whether Research In Motion (“RIM”) is infringing Motorola’s patents by importing certain wireless communication system server software, wireless handheld devices and battery packs. This latest action relates to the alleged failure of the parties to renew their cross-licensing arrangements in December 2007, and the resulting litigation in Texas commenced in February 2008.
This type of multi-front litigation is not uncommon in the United States, where the ITC offers different procedures and remedies against the importation for sale of infringing articles than do the District Courts. If the ITC accepts the complaint and commences an investigation, the process is quite fast – with statutory target dates for final determination between 12 and 15 months. The investigation will likely take a little over a year. If the ITC finds that the complaint is well-founded, it can bar RIM from the sale or importation of its infringing products in the United States – and this order can be enforced by the U.S. Customs Service at the U.S. border.
For additional information, visit:
For reference to Motorola’s US ITC Complaint number 2710, filed January 22, 2010, visit:
For a synopsis of the benefits of patent litigation before the U.S. ITC, visit: