Fish & Richardson Obtains Favorable Initial Determination at ITC for Client Quectel

Fish obtained an initial determination at the International Trade Commission finding that client Quectel Wireless Solutions had not committed a violation, finding non-infringement and unenforceability for all patents asserted, as well as finding many of the asserted patent claims were invalid. Shanghai-based Quectel is a leading global supplier of wireless communication modules that are used in a variety of products, including Internet of Things (IoT) devices and autonomous vehicles. This ITC case started in 2020, when Koninklijke Philips N.V. and Philips RS North America LLC sought an exclusion order against Quectel at the ITC by asserting four allegedly standard essential patents related to UMTS and LTE technologies.

In his initial determination, the administrative law judge (ALJ) found that Quectel's products do not infringe the asserted claims of U.S. Patent Nos. 7,944,935 ("the '935 patent"), 7,554,943 ("the '943 patent"), 8,199,711 ("the '711 patent"), and 7,831,271 ("the '271 patent"). The ALJ also found based on clear and convincing evidence that the asserted claims of the '943 and '271 patents are invalid as indefinite, while the asserted claims of the '711 patent are invalid as obvious. The ALJ went on to deny Philips' request for a limited exclusion order.

"We are proud to have achieved this overwhelmingly positive decision on behalf of Quectel against Philips," said Tom Reger, Fish principal and lead counsel for Quectel. "We look forward to the full Commission's decision."

This case is part of a multi-jurisdictional dispute between the parties. Simultaneously with its ITC complaint, Philips filed another complaint in the United States District Court for the District of Delaware alleging infringement of six additional patents. Quectel subsequently filed petitions for inter partes review (IPR) of the asserted patents at the Patent Trial and Appeal Board (PTAB). Fish is also representing Quectel in both the District of Delaware and the PTAB.

In addition to Tom Reger, the Fish team was comprised of Principals Ruffin Cordell, Linhong Zhang, Katherine Reardon, Terry Stalford, and Associates Lawrence Jarvis, Elizabeth Ranks, Markus Weyde, and Jared Smith.

The case is In the matter of Certain UMTS and LTE Cellular Communication Modules and Products Containing the Same, Inv. No. 337-TA-1240.