Hopefully, this will prevent Nokia from stating they
don't infringe because their phones use some phanthom software/code.
PUBLIC VERSION
UNITED STATES INTERNATIONAL TRADE COMMISSION
* Washington, D.C.
In the Matter of by
CERTAIN WIRELESS DEVICES WITH lnv. No. 337-TA-800
3G CAPABILITIES ANDCOMPONENTS
THEREOF
Order No.24
Complainants InterDigital Communications, LLC, Inte:rDigitalTechnology Corporation,
and IPR Licensing, Inc. (collectively, “InterDigital”) filed a renewed motion to compel
respondents Nol-ziaCorporation and Nokia Inc. (collectively, “Nokia”) to produce source code.
Motion Docket No. 800-39. Nokia filed an opposition to the motion, and the Commission
investigative staff did not take a position.1 Nokia filed a motion for leave to supplement its
response to InterDigital’s motion, and InterDigital opposed Nokia’s motion for leave. Motion
Docket N0. 800-50. The motion for leave is granted. The parties subsequently provided an
email update to the undersigned stating that Nokia has confirmed that portions of its source code
have not yet been made available to h1terDigital for inspection.
InterDigital argues that Nokia should be compelled to produce source code relevant to
products accused of infringing U.S. Patent No. 7,616,970 (“the ‘970 patent”). InterDigital states
that Nokia had previously represented that it “stands ready to produce source code promptly after
the Judge rules on [its] motion to amend the Protective Order.” Resp. to Mot. for Leave at 2
(citing Nokia’s 12/2/2011 Opp’n to lnterDigital’s Mot. to Compel at 1-2).
1The Commission investigative staff previously supported InterDigital’s initial motion to
compel Nokia to produce source code. .
V Nokia argues in opposition that it “expects to diligently complete its production alter
InterDigital reviews Nokia’s production and supplements its infringement contentions.” Nokia
Opp’n at 5; seeNokia Mot. for Leave at l. Nokia further argued: “If InterDigital does not
narrow what it is accusing, it will take months to collect the required middleware operating
system source code for all handsets accused of infringing the 970 patent.” Nokia Opp’n at 8.
Nokia has already had months to collect the middle-Wareoperating system source code for
all handsets accused of infringing the ‘970 patent. Over three months have elapsed since Nokia
filed its opposition to InterDigital’s renewed motion to compel, and over five months have
elapsed since Nokia represented that it was ready to produce source code promptly upon the
addition of a source code provision to the protective order? Therefore, Nokia has had ample
time to collect the relevant source code for the ‘970 accused products. 2
Accordingly, Motion No. 800-39 is granted. To the extent it has not yet done so, Nokia
shall make all relevant source code available for inspection by lnterlltigital no later than May 25,
2012.
V Within seven days of the date of this document, each party shall file with the Commission
Secretary a statement as to whether or not it seeks to have any portion of the document redacted
from the public version. Any party seeking to have a portion of this document redacted from the
public version must submit to this office a copy of this document with red brackets indicating the
portion, or portions, asserted to contain confidential business information.
2Order No. 7, amending the protective order to include a provision to protect source code, issued
on December 22, 2011.
2
So ordered.
Issued: May 9, 2012
u
David P. Shaw
Administrative Law Judge
‘ 3
CERTAIN WIRELESS DEVICES WITH Inv. No. 337-TA-800
3G CAPABILITIES AND
COMPONENTS THEREOF
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton , hereby certify that the attached ORDER NO. 24 was served by hand upon
Jeffrey Hsu, Esq., of the Oflice of Unfair Import Investigations, and the following parties as i
indicated on June 7, 2012 _
Lisa R. Barton, Acting Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, D.C. 20436
On Behalf of Complainants INTERDIGITAL COMMUNICATIONS,LLC.
INTERDIGITAL TECHNOLOGY CORPORATION ANDIPR LICENSING, INC.:
Maximilian A. Grant, Esq. ( ) Via Hand Delivery
LATHAM & WATKIN LLP ( ) Via Overnight Delivery
S‘555 Eleventh Street, NW, Suite 1000 ()(_) Via First Class Mail
Washington, DC 20004-1304 ( )Other:
On Behalf of Respondents HUAWEI TECHNOLOGIES CO. ANDFUTUREWEI
TECHNOLOGIES, INC. ANDHUAWEI DEVICE USA, INC.:
Sturgis M. Sobin, Esq. ( ) Via Hand Delivery
COVINGTON & BURLING LLP ( ) Via Ovemight Delivery
1201 Pennsylvania Avenue, NW (‘A ) Via First Class Mail
Washington, DC 20004 ( )Other:
On Behalf of Respondents NOKIA COPORATION ANDNOKIA INC.:
Jamie D. Underwood, Esq. ( ) Via Hand Delivery
ALSTON & BIRD LLP ( )Via Overnight Delivery
W95a0shFi.nSgttroene,t,DNCW20004 ((tfii )) VOitaheFri:rst Class Mail
On Behalf of Respondents ZTE CORPORATION AND ZTE (USA)INC.:
Jay H. Reiziss, Esq. A ( )2Via Hand Delivery
BRINKS HOFER GILSON & LIONE ( ) Via OvernightDelivery
1850 K Street, NW, Suite 675 . ()5) Via First Class Mail
Washington, DC 20006-2219 D ( ) Other:
CERTAIN WIRELESS DEVICES ‘WITH luv. N0. 337—TA-800
3G CAPABILITIES AND
COMPONENTS‘THEREOF
PUBLIC CERTIFICATE OF SERVICE - PAGE TWO
On Behalf of Respondents LG Electronics. Inc.; LG Electronics U.S.A.,Inc.; and LG
Electronics Mobilecomm U.S.A.:
Michael J. McKe0n, Esq. ) Via Hand Delivery
FISH & RICHARDSON P.C. ) Via Overnight Delivery
1425 K Street, NW, llu‘ Floor Y\_)Via First Class Mail
Washington, DC 20005 ) Other:
Heather Hall ) Via Hand Delivery
LEXIS - NEXIS ) Via Overnight Mail
9443 Springboro Pike ) Via First Class Mail
Miamisburg,OH 45342 )Other
V
Kenneth Clair ( ) Via Hand Delivery
THOMSON WEST ( ) Via Overnight Mail
1100 Thirteenth Street, NW, Suite 200 (}(_)Via First Class Mail
Washington, D.C. 20005 ( ) Other:
| 
