ITC response to complainants' motion to add/remove respondents

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ITC response to complainants' motion to add/remove respondents

posted on Nov 25, 2012 10:58AM

COMMISSION INVESTIGATIVE STAFF’S RESPONSE TO

COMPLAINANTS’ MOTION TO AMEND THE COMPLAINT AND NOTICE OF

INVESTIGATION TO REMOVE AND ADD RESPONDENTS

The Commission Investigative Staff (“Staff”) responds to the motion of Complainants

Technology Properties Limited LLC, Phoenix Digital Solutions LLC and Patriot Scientific

Corporation (collectively “TPL” or “Complainants”) to amend the Complaint and Notice of

Investigation to remove Respondent Huawei North America and to add as additional respondents

Huawei Device Co., Ltd., Huawei Device USA Inc., and Futurewei Technologies, Inc. (Mot.

Docket No. 853-010), filed November 13, 2012. TPL does not seek to remove Huawei

Technologies Co., Ltd. as a respondent. For the reasons set forth herein, the Staff supports this

motion to amend the Complaint and Notice of Investigation.

......

II. DISCUSSION

TPL’s Complaint accuses Huawei Technologies Co., Ltd. and Huawei North America of

violating Section 337 based on the importation and sale of accused products, including the

Huawei M835 and MediaPad. (Complaint at ¶76-7). However, Huawei North America does not

appear to exist. (Memo at 3). Complainants now contend that three additional parties are proper

respondents with respect to the accused Huawei products set forth in the original complaint.

According to TPL’s motion, Huawei Device Co., Ltd. is responsible for manufacturing at least

some of the accused Huawei products, and Futurewei Technologies, Inc. and Huawei Device

USA Inc. are responsible for importing as least some of those products. (Id.) Complainants also

allege that Huawei Device USA Inc. is responsible for selling the Huawei Accused Products in

the United States after importation. (Id.) The moving parties therefore desire to substitute

Huawei Device Co., Ltd., Huawei Device USA Inc., and Futurewei Technologies, Inc. for

Huawei North America as named respondents in this investigation. (Id.) Counsel for Huawei