Mintz secured a significant patent infringement victory before the U.S. International Trade Commission on behalf of Graphics Properties Holdings, Inc. (“GPH”). On August 29, Administrative Law Judge E. James Gildea found that Toshiba Corp. and Toshiba America Information Systems Inc. violated Section 337 of the Tariff Act by their infringement of two GPH patents having claims directed to graphics processing, U.S. Patent Nos. 6,650,327 and 8,144,158.

GPH, formerly Silicon Graphics, Inc., is in the business of managing and licensing the intellectual property it previously developed when known as Silicon Graphics, a pioneer in the development and growth of the high-performance computing industry, including graphics processing. 

GPH filed a complaint with the ITC in June 2013 alleging that the Toshiba Respondents infringed the ‘327 and ‘158 patents covering computer systems and circuits for carrying out specialized graphics processing functions.  GPH sought exclusion from importation into the United States of Toshiba’s consumer electronics products, including smart TVs and tablet computers, containing the infringing systems and circuits.  

Following a five-day evidentiary hearing, Judge Gildea issued a sweeping initial determination in which he found all asserted claims of the ‘327 and ‘158 patents to be valid and infringed and that GPH had established a domestic industry. Accordingly, Judge Gildea recommended issuance of a limited exclusion order prohibiting further importation into the United States of all of Toshiba’s accused products.  He also recommended that a cease-and-desist order be issued barring Toshiba from selling off its existing U.S. inventory of accused products.

The full confidential determination was provided to the parties on September 2 and will be publicly available in redacted form in the next month.  The ITC is expected to decide in early November whether to review any portion of Judge Gildea’s decision. 

The Mintz team representing GPH included Michael T. Renaud, James Wodarski, Michael McNamara, Aarti Shah, Courtney Quish, Jack Schecter, Drew DeVoogd, Daniel Weinger and Adam Rizk.