The US Worldwide Commerce Fee (USITC) introduced on Tuesday that smartphones manufactured by Lenovo’s Motorola Mobility infringe Ericsson’s patents. If the choice is upheld, the result might result in a ban on US imports of Motorola gadgets.

Preliminary Willpower on Patent Infringement

An ITC administrative regulation decide concluded in a preliminary ruling that Motorola smartphones infringe Ericsson’s patents associated to 5G wi-fi know-how. The order marks a major step in Ericsson’s ongoing patent licensing dispute with Lenovo.

On December 17, 2024, a Preliminary Willpower (ID) was issued for violation of Part 337 of the Tariff Act of 1930. Outcomes embody:

• Infringement of US Patent No. 10,426,817: Claims 10, 13-15 are infringed and located legitimate.
• Infringement of US Patent No. 10,306,669: Claims 8, 9, 15, and 17 are infringed and located invalid.
• Infringement of US Patent No. 11,317,342: Claims 34 and 39 are infringed and located legitimate.
• Infringement of US Patent No. 11,515,893: Declare 4 is infringed and located legitimate.

The choice additionally established that Ericsson met the home business necessities beneath part 337, together with each technical and financial features.

Wider implications and ongoing authorized battles

The complete USITC is about to difficulty a closing determination in April 2025. In the meantime, Lenovo has denied the allegations and criticized Ericsson’s method as a part of a wider worldwide patent dispute. The 2 corporations are engaged in associated authorized battles in South America, the UK and North Carolina.

In earlier instances, Ericsson gained preliminary court docket orders banning the sale of Lenovo smartphones in Brazil and Colombia. Nonetheless, in October, a US appeals court docket reinstated Lenovo’s request to dam the enforcement of these restrictions.

Lenovo’s response

Lenovo expressed disappointment with the ITC’s preliminary determination, to describe:

At present’s preliminary ruling by a US Worldwide Commerce Fee administrative regulation decide is disappointing, however not surprising given Ericsson’s aggressive multi-jurisdictional marketing campaign in opposition to Lenovo. As a world know-how chief and patent proprietor, Lenovo has all the time been a keen licensor, but Ericsson has repeatedly refused to license its commonplace important patents on FRAND phrases.

The corporate additionally criticized what it described as strain ways by Ericsson, aimed toward forcing a settlement by means of licensing charges. Lenovo is hopeful that an upcoming UK court docket rate-setting case in April 2025 will rule in its favour.

Source