The U.S. International Trade Commission (USITC) announced on Tuesday that smartphones manufactured by Lenovo’s Motorola Mobility infringe on Ericsson’s patents. This finding could lead to a ban on U.S. imports of Motorola devices if the decision is upheld.
Initial Determination on Patent Infringement
An ITC Administrative Law Judge, in a preliminary ruling, concluded that Motorola smartphones violate Ericsson’s patents related to 5G wireless technology. The ruling marks a significant step in Ericsson’s ongoing patent licensing dispute with Lenovo.
On December 17, 2024, the Initial Determination (ID) on the violation of Section 337 of the Tariff Act of 1930 was issued. The findings include:
- Violation of U.S. Patent No. 10,426,817: Claims 10, 13-15 were infringed and found valid.
- Violation of U.S. Patent No. 10,306,669: Claims 8, 9, 15, and 17 were infringed and found valid.
- Violation of U.S. Patent No. 11,317,342: Claims 34 and 39 were infringed and found valid.
- Violation of U.S. Patent No. 11,515,893: Claim 4 was infringed and found valid.
The ruling also established that Ericsson met the domestic industry requirements, including both technical and economic prongs, under Section 337.
Broader Implications and Ongoing Legal Battles
The full USITC is set to issue a final ruling in April 2025. Meanwhile, Lenovo has denied the allegations and criticized Ericsson’s approach as part of a broader international patent dispute. Both companies are engaged in related legal battles in South America, the UK, and North Carolina.
In earlier cases, Ericsson secured preliminary court orders banning sales of Lenovo smartphones in Brazil and Colombia. However, in October, a U.S. appeals court revived Lenovo’s request to block enforcement of those bans.
Lenovo’s Response
Lenovo expressed disappointment with the ITC’s preliminary ruling, stating:
Today’s Initial Determination from the US International Trade Commission’s Administrative Law Judge, while disappointing, is not unexpected given Ericsson’s aggressive multi-jurisdictional campaign against Lenovo. As a global technology leader and patent owner, Lenovo has always been a willing licensee, yet Ericsson has repeatedly declined to license its standard essential patents to us on FRAND terms.
The company also criticized what it described as pressure tactics by Ericsson, aimed at forcing settlements through high licensing fees. Lenovo remains hopeful that the UK court’s upcoming rate-setting case in April 2025 will rule in its favor.