Viavi Solutions has filed a complaint with the U.S. International Trade Commission (ITC) to initiate an investigation under Section 337 of the Tariff Act of 1930, against LG Electronics Inc., LG Electronics USA, LG Innotek Co. Ltd., and Optrontec Inc. (collectively ‘Defendants). The complaint asks the ITC to initiate an investigation into whether the Defendants have engaged in unfair trade practices by importing and selling in the U.S. certain mobile phones and tablet computers, including the LG G8 ThinQ mobile phone, that infringe one or more claims of three VIAVI patents. VIAVI also filed a complaint in the United States District Court for the Northern District of California asserting patent infringement claims against the same Defendants.
VIAVI is a provider of 3D motion sensing solutions, including state of the art optical filters. In a typical gesture-recognition system, a light source emits near-infrared light towards a user and an optical filter is used to transmit the emitted light that is reflected by the user to a 3D image sensor, while substantially blocking ambient light. The patented VIAVI optical filters achieve superior optical performance, a desired reduction in filter thickness, and a reduced center wavelength shift with a change in incidence angle of the reflected light.
Mobile device manufacturers like LG Electronics, and its suppliers including LG Innotek and Optrontec, have incorporated VIAVI's patented optical filter design into their optical filters and components to produce high-end mobile phones and tablet computers featuring facial and gesture recognition technology. In the ITC, VIAVI seeks relief, including an exclusion order preventing Defendants from importing the infringing electronic devices into the United States. In the California litigation, VIAVI seeks damages and injunctive relief, including a permanent injunction prohibiting Defendants from importing the infringing electronic devices into the United States.