ITC Issues LEOs and C&D Letters, Excluding Smart TVs from the US
Key Facts
- Represented Advanced Micro Devices (AMD) in multi-jurisdictional enforcement program
- AMD and LG dispute resolved during the early stages of expert discovery
- ITC issued limited exclusion orders and cease & desist letters for import of certain smart devices of VIZIO, MediaTek, and Sigma Designs
The Situation
Advanced Micro Devices is one of the world’s largest companies that design and sell central processor and graphics processor units (CPUs and GPUs, respectively). The company hired Mintz to help it enforce its rights in the technology protected by a large patent portfolio pertaining to novel architectures for GPU circuitry. For example, “Smart” devices, such as televisions and handsets, use the patented technology to push pixels to the screen and provide rich graphical displays.
The Approach
Mintz worked with AMD to develop and execute an enforcement strategy. We mined the portfolio for key assets, identifying four patents around which we structured a mixed International Trade Commission (ITC) and district court strategy. The Mintz team identified infringing parties and created evidence of use charts and damages assessments specific to each of the smart device and component manufacturers we identified, including LG, VIZIO, MediaTek, and Sigma Designs. Mintz simultaneously filed suit in the District of Delaware against each party and requested the institution of a Section 337 investigation at the ITC. The ITC evidentiary hearing took place over the course of five days in late November.
The Outcome
The matter against LG resolved just seven months after AMD launched the monetization program, prior to the conclusion of expert discovery in the fast-track ITC case and shortly before AMD obtained a favorable Markman ruling. Following the evidentiary hearing in late 2017, on April 13, 2018, the Administrative Law Judge ruled that remaining respondents VIZIO, MediaTek, and Sigma Designs violated Section 337 of the Tariff Act and recommended a limited exclusion order. The ITC issued limited exclusion orders and cease & desist letters in August 2018.
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