The investigation is the latest event in a recent
upsurge in patent-related disputes over the third generation (3G)
mobile phone technology in handsets. The ITC has already banned
handsets containing Qualcomm technology from being imported into
the US.
InterDigital has asked the ITC to investigate Nokia's alleged
use of its patented technology in its N75 handset, amongst others.
The company filed a complained last month with the trade body
alleging unfair trade practice.
Nokia has claimed that the patents involved have been tied up in
a technical standards-setting exercise, and that it should be
allowed to use the patents. It said that InterDigital had declared
the patents essential to the 3G internet standard, and that they
should license them on fair, reasonable and non-discriminatory
terms.
"For the proper functioning of the standardisation process and
continued industry innovation, Nokia believes companies should
refrain from seeking injunctions for standards essential patents,"
said a Nokia statement, according to Reuters.
The InterDigital complaint asks for permanent injunctions to
exclude the import of technology using its patents. "The complaint
alleges violations of section 337 of the Tariff Act of 1930 in the
importation into the United States of certain 3G mobile handsets
and components thereof that infringe patents owned by
InterDigital," said an ITC statement.
"By instituting this investigation the ITC has not yet made any
decision on the merits of the case," it said.
The case will be heard by ITC administrative judge Paul Luckern,
who will make a ruling which will then be reviewed by the ITC. The
ITC's verdict can be overturned by the US Trade Representative, who
is appointed by the President of the US.
Reversals, though, are rare and verdicts have been overturned in
only a handful of cases.
