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Pepper Hamilton LL? **'-—~—*-——'I-—Aswrneys Atlaw Pepper Hamilton LL? **'-—~—*-——'i-—Aswrneys atLaw Hamilton Square 600 Fourteenth Street, N.W. Washington, DC. 20005-2004 202.220.1200 Fax 202.220.1665 Goutam Parnaik 202.220.1237 pa'rnail:[email protected] i2.~5<'>Q May 23, 2012 V W3 NUMBER VIA HAND DELIVERY & EDIS The Honorable James. R. Holbein ­ Secretary to the Commission Z <6?Ci <5 U.S. International Trade Commission ___________________.. 500 E Street, S.W. """"""" 'Zja.a oiat Washington, D.C. 20436 Setzieiafl left Ira-1eComnnssmn Re: ComplaintofFlashP0int Technology,Inc. Concerning erlm Electronic Imaging Devices Dear Secretary Holbein: Enclosed for filing on behalf of FlashPoint Technology, Inc. (“FlashPoint”), please find the following documents in support of FlashPoint’s request that the Commission commence an Investigation pursuant to Section 337 of the Tariff Act of 1930, as amended. Pursuant to the Commission Rules of Practice and Procedure, a request for confidential treatment of Confidential Exhibits 13, 14, 15, 16, and 46 is included with this submission. F1ashPoint submits the following: 1. An original and eight (8) copies of Fla.shPoint’sverified Complaint (Rule 210.8 (a)(1)(i)); 2. One (1) copy, on CD, of the accompanying non-confidential exhibits to the Complaint and one (1) copy, on CD, of Confidential Exhibits 13, 14, 15, 16, and 46, segregated from the non-confidential exhibits (Rules 201 .6(c) and 210.8(a)(1)(i)); ' » 3. Eight (8) additional copies of the Complaint and accompanying Exhibits, both non­ ' confidential and confidential (on separate CDs), for serviceguponthe proposed respondents: HTC Corporation, HTC America, lnc., Pantech Co., Ltd., Pantech Wireless, lnc., Huawei Technologies Co., Ltd., Futurewei Technologies, Lnc.d/b/a Huawei Technologies (USA), ZTE Corporation, ZTE (USA) Inc. (Rules 201.6(c) and 2] ().8(a)(l)(iii)); 4. Three (3) additional copies of the Complaint for sen/ice upon the embassies of Taiwan, South Korea, and the People’s Republic of China (Rules 210.8(a)(1)(iv) and 210.1 l(a)(2)(ii)); Philadelphia Boston Washington. D.C. Detroit New York Pittsburgh Bervryn Harrisburg Orange County Princeton Wilmington wwuhpeppm-law.com Honorable James. R. Holbein May 23, 2012 Page 2 of 3 5. One (1) certified copy of U.S. Patent No. 6,400,471 (“the '47l Patent”), U.S. Patent No. 6,222,538 (“the ‘538 Patent”), U.S. Patent No. 6,504,575 (“the ‘S75 Patent”), U.S. Patent No. 6,223,190 (“the ‘190 Patent”), included with the Complaint as Exhibits 1, 4, 7 and 10, respectively (Rule 2l0.l2(a)(9)(i)); 6. One (1) certified copy and three (3) additional copies, on CDs, of the U.S. Patent and Trademark Office prosecution histories for each of the asserted U.S. Patent Nos. ‘47l, ‘538 ‘575, and ‘190, included with the Complaint as Appendices A, C, E and G, respectively (Rule 21O.12(c)(l)); 7. One (l) certified copy of the Assignment Records for the asserted U.S. Patent Nos. ‘47l , ‘538 and ‘S75, included with the Complaint as Exhibits 3, 6 and 9, respectively (Rule 210.l2(a)(9)(ii)); 8. The U.S. Patent and Trademark Office electronic listing of the assignment record for the asserted U.S. Patent No. ‘l90, included with the Complaint as Exhibit 12 (A certified copy of this document has been requested and will be submitted upon receipt.) (Rule 210. 12(a)(9)(ii)); 9. Four (4) copies, on CD, of each patent and applicable pages of each technical reference mentioned in the prosecution histories for each of the asserted U.S. Patent Nos. ‘471, ‘S38, ‘S75, and ‘190, included with the Complaint as Appendices B, D, F and H, respectively (Rule 210.12(c)(2)); ' 10. One set of articles relevant to the Complaint, included as Physical Exhibits l through 11, respectively (Rule 210. l2(b)); 11. A letter and certification pursuant to Commission Rules 201.6(b) and 210.5(d) requesting confidential treatment of information appearing in Confidential Exhibits l3, 14, 15, 16, and 46 to FlashPoint’s Verified Complaint; 12. A Statement on the Public Interest Withrespect to the remedial orders it seeks against the proposed respondents pursuant to Commission Rule 210.8(1)). Please note that the certified ‘l90 Patent and prosecution history included with this submission may be incomplete due to pending re-examination proceedings at the U.S. Patent and Trademark Office. FlashPoint has requested updated certified versions of both documents and will submit them upon receipt. Puwmvfirmmfluaéu Honorable James. R. Holbein May 23, 2012 Page 3 of 3 Please contact me if you have any questions or concerns, or if you require additional documents Respectfuily submitte 1"; M a%@@'@~* Goutam Patnaik Counsel for Complainant F1ashPoint Technology, Inc. Enclosure % $3 Pepper Hamilton LLP ""-*“""'*""**~'*—-—Attomn:y1s at Law Hamilton Square 600 Fourteenth Street, N.W. Washington, D.C. 20005-2004 202.220.1200 0 Fax 202.220.1665 Goutam Patnaik direct dial: 202.220.1237 gangul)[email protected] May 23, 2012 VIA HAND DELIVERY & EDIS The Honorable James. R. Holbein Secretary to the Commission U.S. International Trade Commission 500 E Street, S.W. Washington, D.C. 20436 Re: Complaint of F lashP0int Technology,Inc. Concerning Certain Electronic Imaging Devices ' Dear Secretary Holbein: Pepper Hamilton LLP represents Complainant FlashPoint Technology, lnc. (“FlashPoint”) in the above referenced complaint filed pursuant to Section 337 of the Tariff Act of 1930, as amended, l9 U.S.C. § 1337. Pursuant to Commission Rules 20l.6(b) and 210.5(d), F1ashPointrespectfully requests confidential treatment of the business information contained in Confidential Exhibits 13, 14, 15, 16, and 46. The information contained in these exhibits qualifies as confidential information pursuant to l9 C.F.R. § 201.6 in that they disclose proprietary commercial information, proprietary commercial relationships, and/or proprietary business information that are not otherwise publicly available, and because the disclosure of such information would cause substantial harm to FlashPoint, and would also impair the Commission°s abilityin the future to obtain such types of information in performance of its statutory function. I certify that the proprietary confidential commercial information, proprietary commercial relationships, and/ or proprietary business information are not reasonably available to the public, and thus Warrantconfidential treatment. Philadelphia Boston Washington, D.C. Los Angeles ‘dew York Pittsburgh Detroit Berwyn Harrisburg Orange County Princeton Wilmington www.pepperlaw.com Pepper Hmfilggmgfig Honorable James. R. Holbein May 23, 2012 Page 2 of 2 Respectfully submitted, /9 65> /7 gjilifigflifie/1¢ S Goutam Patnaik Counsel for Complainant F1ashPoint Technology, Inc. Subscribed and swam before me 7€";»W:J>/1 - Notary Public My commissionexpires: 4 f 3&5 2'0‘, at "awry Public.amt of caswmasi‘ My Cammission Expires 6i39/2014 ’-.~.,e UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC ln the Matter of Investigation No. CERTAIN ELECTRONIC IMAGING ~ DEVICES 337-TA-____ COMPLAINANT FLASHPOIN T TECHNOLOGY, INC.’S STATEMENT ON THE PUBLIC INTEREST Pursuant to International Trade Commission (“Commission”) Rule § 2] ().8(b), FlashPoint Technology, Inc. (“FlashPoint") submits this Statement on the Public Interest with respect to the remedial orders it seeks against proposed Respondents HTC Corporation; HTC America, Inc.; Pantech Co., Ltd.; Pantech Wireless, Inc.; Hnawei Technologies C.o.,Ltd.; Futurewei Technologies, Inc. d/‘b/aHuawei Technologies (USA); ZTE Corporation; and ZTE (USA) Inc. (collectively, the “Respondents”). FlashPoint seeks a limited exclusion order specifically directed to each narned Respondent excluding from entry into the United States certain electronic imaging devices that infringe U.S. Patentl\lo. 6,400,471 (“the ‘47l Patent"), U.S. Patent No. 6,222,538 (“the ‘538 Patent”), U.S. Patent No. 6,504,575 (“the ‘S75 Patent”), and/or U.S. Patent No. 6,223,190 (“the ‘l90 Patent”) (collectively, the “Asseited Patents”). Flasl1Pointalso seeks a cease and desist order prohibiting each domestic Respondent from engaging in the unlawful importation and/or sale Withinthe United States after importation of certain electronic imaging devices that infringe the ‘47l Patent, the ‘S38 Patent, the ‘575 Patent, and/or the ‘190 Patent. If the Commission grants these remedial orders as a result of this Investigation there will he little or no negative \~./\_/\~_/\/\/\./ effect on the public interest. In fact, the public interest is served by granting the requested remedial orders. I. THE REQUESTED REMEDIAL ORDERS ARE IN ACCORD WITH THE PUBLIC INTEREST The public interest in protecting intellectual property rights is very strong. Certain Baseband Processor Chips and Chzpsets,Transmitter and Receiver (Radio) Chip, Power Control Chips, lnv. No. 337-TA-543, Comm’n. Op., 2007 ITC LEXIS 621 at *240 (June 19, 2007). ln the few instances Wherethe Commission found an adverse impact on the public interest that was significant enough to deny relief, “the exclusion order was denied because inadequate supply within the United States——-byboththe patentee and domestic licensees» meant that an exclusion order would deprive the public of products necessary for some important health or Welfare need . .” Spansion, Inc. v. ITC, 629 F.3d 133l, 1360 (Fed. Cir. 2010). Here, however. the requested remedial orders would not he contrary to the publiciinterest because: (1) the accused devices are not necessary to the public health or welfare; (2) FlashPoint’s licensees already sell articles that directly compete with, and are substitutes for, Respondents’ infringing products in the United States; (3) only a small subset of the industry selling or offering for sale electronic imaging devices in the United States would be barred; and (4) FlashPoint currently licenses the Asserted Patents to large companies that could easily fill any void in the market created by the requested remedial orders. As suchr the strong public interest in protecting FlashPoint’s intellectual property rights outweighs any adverse impact on the public.
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