The action also extends to certain WCDMA and cdma2000 devices incorporating Wi-Fi functionality.
InterDigital's complaint with the USITC seeks an exclusion order that would bar from entry into the United States infringing 3G or 4G wireless devices (and components), including LTE devices, that are imported by or on behalf of the companies being sued, and also seeks a cease and desist order to bar further sales of infringing products that have already been imported into the United States.
Under its rules, the USITC has thirty days from the filing of the complaint to decide whether to formally institute an investigation. Certain of the Asserted Patents have been asserted against Nokia, Huawei and ZTE in earlier USITC proceedings, including the pending USITC investigation initiated by InterDigital in July 2011, and therefore are not being asserted against the companies in this new complaint.
InterDigital also filed parallel actions in the United States District Court for the District of Delaware alleging that companies' same 3G and 4G wireless devices infringe the same Asserted Patents identified in the USITC complaint. The Delaware complaints seek a permanent injunction and compensatory damages in an amount to be determined, as well as enhanced damages based on willful infringement, and recovery of reasonable attorneys' fees and costs.
The lawsuit in Delaware could be delayed though if the US ITC agrees to launch its own investigation.
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