‘Substantial Interests’ Driving Google to Intervene in ITC Probe Against Lenovo
Google is seeking to intervene in the Tariff Act Section 337 investigation at the International Trade Commission into Nokia’s allegations that Lenovo computers, tablets and components infringe five patents (see 2008050008), said a motion (login required) posted Thursday in docket 337-TA-1208. The motion is "timely" because the investigation was launched just last week, and "no procedural schedule has been entered at this time," said Google.
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The Lenovo devices accused of infringing U.S. patent 8,583,706 on user interfaces “infringe by way of their incorporation of the Google Assistant functionality,” said Google’s memorandum (login required) in support of the motion. The patent is alone among the five in Nokia's July 2 complaint not involving H.264 video compression. “Google has a significant and compelling interest regarding the determinations of infringement and invalidity issues with respect to the ’706 patent, as Nokia’s infringement allegations against Lenovo directly implicate Google’s software,” said the memorandum.
Google's substantial interest argument "is also supported by the fact that Nokia is relying, at least in part, on the Google Assistant functionality in Samsung devices as support for Nokia’s domestic industry case," it said. "Google has a significant interest in ensuring that Nokia’s improper reliance on the same Google technology as a basis to both establish jurisdiction and exclude the accused Lenovo Chromebooks is fully adjudicated."
Google also has “a business interest" in the continued import and sales of the accused Lenovo devices with Google Assistant, it said. “Having invested significant resources into developing and supporting the Google Assistant functionality for several years, Google has a substantial interest in promoting the use of the Google Assistant application and in defending against Nokia’s allegations of patent infringement.”
No “other party” in the investigation would “adequately” protect Google’s “substantial interests,” it said. Lenovo's interests will be "centered" on its own "respective accused devices, as opposed to the particularities of the Google Assistant functionality," said Google. "Unlike Lenovo, which manufactures, markets and sells numerous different devices, including those that utilize Google Assistant, Google has an undiluted interest in defending the Google Assistant functionality it developed."
Though Google requests "full participation rights" as a party to the investigation, it's not seeking to "participate in any relief phase of the proceeding," said the motion. It wants to take part in all discovery, motions, hearings and briefings but is not seeking to be named a co-respondent with Lenovo in the investigation, it said.
Google "met and conferred" with Nokia, Lenovo and ITC staff about the motion before filing it, it said. It was told Lenovo won’t oppose it, and that staff and Nokia would reserve judgment until after reviewing the "papers," it said. Representatives for all involved didn’t comment Thursday.