Litigation

Longitude Licensing Limited et al. v. Apple Inc. et al.

Ongoing

337-TA-1443

Filed
2025-02-18

Patents at issue (1)

Summary

Longitude Licensing Limited and Marlin Semiconductor Limited filed an ITC investigation against multiple defendants, including Apple and TSMC, alleging infringement of a portfolio of semiconductor patents, including 8076194. The investigation is ongoing, with an evidentiary hearing scheduled.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

Case Overview and Background: Longitude Licensing Limited et al. v. Apple Inc. et al. (337-TA-1443)

This case is a patent infringement investigation initiated by Longitude Licensing Limited and Marlin Semiconductor Limited, subsidiaries of patent monetization firm IPValue Management, against a host of major technology companies before the U.S. International Trade Commission (USITC). The complainants, operating as Non-Practicing Entities (NPEs) or Patent Assertion Entities (PAEs), specialize in acquiring and licensing significant patent portfolios from technology companies. Marlin Semiconductor specifically acquired the asserted patent portfolio from United Microelectronics Corporation (UMC), a Taiwanese semiconductor foundry.

The accused products are "certain foreign-fabricated semiconductor devices, products containing the same, and components thereof." This broadly encompasses non-x86 semiconductor devices manufactured using Taiwan Semiconductor Manufacturing Company (TSMC)'s 7 nm and smaller process nodes outside the United States. The investigation targets devices such as semiconductor wafers and dies, as well as end products containing these components, including smartphones, tablets, personal computers, smartwatches, network units, standalone integrated circuits, and circuit boards. The defendants include prominent global players: Apple Inc., Broadcom Inc., Lenovo (including specific Lenovo entities), Motorola Mobile Communication Technology Ltd., Motorola (Wuhan) Mobility Technologies Communication Company Limited, OnePlus Technology (Shenzhen) Co., LTD., Taiwan Semiconductor Manufacturing Company Limited (TSMC), and Qualcomm Inc.

The investigation, designated 337-TA-1443, is before the U.S. International Trade Commission. An Administrative Law Judge (ALJ), whose specific name is not publicly confirmed in the available search results, has been assigned to preside over the case. The USITC is a crucial venue for patent disputes due to its expedited proceedings, which typically conclude within 15-18 months from complaint to final ruling, significantly faster than federal district court litigation. The primary remedy available at the ITC is an exclusion order, which can bar infringing imported products from entering the U United States, along with cease and desist orders against domestic inventories. Unlike district courts, the ITC cannot award monetary damages. For this investigation, an evidentiary hearing took place in February 2026, with an Initial Determination expected in May 2026 and a Final Determination by September 2026.

This case is notable for several reasons. It exemplifies a common NPE assertion strategy where patents acquired from a major operating company (UMC) are asserted against multiple high-profile technology companies in critical industry sectors, particularly advanced semiconductors and consumer electronics. The litigation strategy also includes parallel district court cases against some of the same defendants in the Western and Eastern Districts of Texas, which have been stayed pending the ITC outcome, a tactic often employed to seek both injunctive relief (ITC) and monetary damages (district court). The targeting of advanced semiconductor nodes (7nm and smaller) from TSMC underscores the high-value technology at the heart of the dispute and its potential impact across the global electronics supply chain.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

I'll research the key legal developments for this ITC investigation. Note this is a Section 337 ITC case (not district court), so the procedural framework differs — let me gather what's actually on the record.

Excellent — rich material. Let me dig into the PTAB parallel track, the district court cases, and the Apple/settlement timeline.

In the news

What the press has reported about this case, summarized with links to the source articles.

I'll search several angles to find actual press coverage of this investigation.

Let me find the specific Tom's Hardware article and other US legal-trade coverage.

Let me check for IPWatchdog/legal-trade coverage and the Arizona Democrats' letter, plus any Reuters/Bloomberg reporting.

Press and analyst coverage

Coverage of 337-TA-1443 has been intermittent and split between two news moments: a June 2026 political flashpoint over the Republican letter, and the late-summer 2026 settlement. The investigative scoop came from Axios, which on 2026-06-10 reported exclusively on a May 22 letter from Rep. Ryan Zinke (R-Mont.) and Sens. Tim Sheehy (R-Mont.), Roger Marshall (R-Kan.) and Bernie Moreno (R-Ohio) to ITC Chair Amy Karpel urging the Commission to "block imports of foreign-made chips found to infringe U.S. patents" and arguing that "strategically important companies shouldn't get special treatment." Axios framed the case as the complainants' vehicle — it identified Longitude Licensing and Marlin Semiconductor as "two Dublin entities under IPValue Management, owned by San Francisco private-equity firm Vector Capital," noted that Marlin "acquired those patents from United Microelectronics Corporation… in 2021," and reported that although the complaint "cites many companies, including Apple and Broadcom… the epicenter is TSMC." Axios also noted the counter-pressure: Arizona Democrats including Sens. Ruben Gallego and Mark Kelly and Rep. Greg Stanton had earlier "warned that actions affecting TSMC could disrupt semiconductor production, AI development, defense systems and Arizona's economy," and flagged that the ALJ's initial determination was "expected this month, with a full Commission decision around October."

The Tom's Hardware UK piece you flagged, by Luke James (Tom's Hardware UK, 2026-06-12), is the most technically detailed English-language account. It confirmed that the five asserted U.S. patents came from United Microelectronics Corporation (TSMC's Taiwanese foundry rival) in 2021; that the complainants seek a limited exclusion order and cease-and-desist orders "covering non-x86 semiconductor devices made on TSMC's 7nm and smaller nodes, along with downstream products containing them"; that IPValue has been Vector Capital–owned "since 2014"; and that Quinn Emanuel LLP is representing TSMC and Qualcomm. It reported that "an evidentiary hearing took place in February" and that the full Commission decision is "expected in October." Tom's Hardware drew the significance comparison that the case is "the most serious import-ban threat against TSMC silicon since GlobalFoundries sought to bar U.S. imports of TSMC-made Nvidia and Apple chips over node-related patents in August 2019," noted that TSMC countersued and both sides dropped litigation within two months under a 10-year cross-license, and made the strategic observation that "Longitude and Marlin manufacture nothing, so TSMC has no infringement counterclaims to trade, and a license fee is the complainants' ultimate goal." An Italian-language version of the same reporting ran at Tom's Hardware Italia (2026-06-12). The Axios story was also picked up and localized widely in the Taiwan and mainland-China press — e.g., China Times (2026-06-12), which reported that Taiwan's Ministry of Economic Affairs responded that "Taiwan's semiconductor industry has long valued IP rights," that the government "will continue to monitor developments," and would offer assistance "if necessary"; Seoul Economic Daily (English) (2026-06-12); and 芯智讯 via chinaaet (2026-06-12), which argued the suit's motive "未必是阻碍台积电生产,而是寻求一份高额的授权协议" (was likely not to block TSMC's production but to extract a high licensing fee).

On outcome, the trade press reported termination by settlement. Law360 (Elliot Weld, 2026-09-04) reported that "Longitude Licensing Ltd. has reached a settlement with Taiwan Semiconductor Manufacturing Co. Ltd. to end a case against several technology companies at the U.S. International Trade Commission seeking a ban on imports of certain products." International Trade Today (Warren Communications News, 2026-09-08) reported the Commission was "not reviewing an initial determination by an administrative law judge allowing the termination of a Section 337 investigation on semiconductor devices (ITC Inv. No. 337-TA-1443) because of a settlement, terminating the investigation entirely." That matches the Federal Register notice (91 FR 57161, 2026-09-08) already cited in the prior sections. No monetary figures were reported anywhere — no damages sought, no settlement amount, and no license terms were disclosed; the settlement agreements were filed confidentially (the ALJ limited service to the complainants, TSMC and OUII). Note also that the reported timing varies by source: the settlement/termination analysis by Innovatus Law (also syndicated on Lexology) and 北美智權報 / NAIP (2026-07-17) both state the joint motion to terminate was filed June 24, 2026, "on the eve of" the ALJ's expected initial determination, whereas the Federal Register notice records the joint motion as filed July 14, 2026 and the ID as issued August 5, 2026. Innovatus/NAIP also reported an Apple settlement in the interim and that the stay of the parallel Eastern District of Texas case was tied to the ITC outcome.

Where reporting goes beyond the record, it is mostly analysis rather than fact. Innovatus Law's client alert advanced the thesis that the Republican letter backfired — that "by publicly removing any expectation of political immunity, the senators eliminated one of TSMC's strongest non-legal argument[s]," raising the patent holder's leverage and pushing TSMC toward settlement — and tied the whole investigation to the Federal Circuit's March 2025 Lashify decision, arguing that Lashify's loosening of the domestic-industry "mere importer" test is what made a Dublin licensor's Section 337 complaint viable (timing it "not coincidental" that Marlin's complaint followed Lashify by months). NAIP's coverage pushed a similar NPE-playbook narrative and warned Taiwanese supply-chain companies to renegotiate IP-indemnification clauses. Axios and Seoul Economic Daily both added market/political color beyond the docket: TSMC's ~$165 billion Arizona commitment, ~75% of revenue from North America, and a 96% year-to-date stock gain; Seoul Economic Daily reported a total U.S. investment pledge of $265 billion across 10 fabs (a figure that differs from the $165 billion cited by Axios and Tom's Hardware) and quoted President Trump saying "Intel should have become the biggest company in the world right now."

Flags for the case team

  1. Status conflict. The case metadata says "Ongoing." Press and the Federal Register indicate the investigation was terminated in its entirety by settlement in 2026 — consistent with the discrepancy already flagged in the "Plaintiff representatives" section. The June 2026 articles (Axios, Tom's Hardware) describing an imminent ID and an October Commission decision are superseded.
  2. Patent metadata still wrong. Tom's Hardware independently confirms the asserted patents are the five UMC-origin patents (7,745,847; 9,093,473; 9,147,747; 9,184,292; 9,953,880), not "8076194" as the metadata states.
  3. Counsel conflict. Tom's Hardware reports that Quinn Emanuel represents TSMC and Qualcomm in the investigation. That contradicts the previously generated "Defendant representatives" section (Venable for TSMC, K&L Gates for Qualcomm). The ITC service-list email in the PTAB record (QE-TSMC-Marlin-ITC@…, qe-qualcomm-itc1443@quinemaneul.com) corroborates Quinn Emanuel on both, so the prior respondent-counsel roster should be re-verified against the EDIS appearance list.

Sources

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

I'll research the complainants' counsel of record in ITC Investigation No. 337-TA-1443.

Strong lead: Mintz is complainants' counsel. Let me verify details and find the full ITC counsel of record list.

I have strong evidence Mintz is complainants' lead counsel. Let me confirm the full roster and check for any additional firms.

Plaintiffs' Counsel — Longitude Licensing Ltd. & Marlin Semiconductor Limited (ITC Inv. No. 337-TA-1443)

Bottom line: The complainants' counsel of record in 337-TA-1443 is Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. ("Mintz"), which Mintz itself describes on its firm website as representing "Marlin Semiconductor and Longitude Licensing as lead counsel in an ITC investigation and companion district court cases against TSMC, Apple, Broadcom, Qualcomm, Lenovo, Motorola, and OnePlus." (Mintz ITC Section 337 experience page). I found no evidence of any other outside firm appearing for the complainants; unlike district court practice, ITC Section 337 litigation has no "local counsel" requirement, so there is no separate Washington, D.C. local-counsel role to report.

Attorneys identified

Attorney Role Firm / Office Note
Michael T. Renaud (Reg. No. 44,299) Lead/back-up counsel; signatory "On Behalf of Complainants Longitude Licensing Ltd. and Marlin Semiconductor Limited" in ITC filings Mintz — One Financial Center, Boston, MA Chair of Mintz's IP practice; long-standing ITC Section 337 complainant-side practice (e.g., represented Philips in ITC Inv. No. 337-TA-1227 and Netlist matters). (ITC service/cover filing)
Adam S. Rizk (Reg. No. 66,867) Lead Representative for the complainants in ITC service documents (dated May 7, 2025); designated attorney-in-charge in the parallel E.D. Tex. action Mintz — Boston, MA Mintz's principal Section 337 advocate for Marlin/Longitude; PACER reflects his "Notice of Designation of Attorney in Charge" for Longitude/Marlin in Longitude Licensing Ltd. v. Lenovo Group Ltd., No. 2:25-cv-00171-JRG (E.D. Tex.). (ITC service doc; PacerMonitor docket)
William A. Meunier (Reg. No. 41,193) Lead counsel of record for the patent owner/complainants in the parallel PTAB IPRs (IPR2025-00847/-00848/-00864/-00865/-00879); part of the same Marlin/Longitude trial team Mintz — Boston, MA Listed first on the Marlin Semiconductor mandatory notices; experienced PTAB/ITC patent litigator. (Patent Owner Mandatory Notices, IPR2025-00864)
Reza Dokhanchy (Reg. No. 62,795) Counsel Mintz — 3580 Carmel Mountain Road, Suite 300, San Diego, CA Part of the Marlin/Longitude IPR and ITC team. (Same mandatory-notices filing.)
Tawfik Goma (Reg. No. 67,416) Counsel Mintz — 777 Brickell Avenue, Suite 500, Miami, FL Part of the Marlin/Longitude IPR and ITC team. (Same mandatory-notices filing.)
"Williams S. Dixon" (WSDixon@mintz.com) Counsel — appears as the complainants' signatory on ITC correspondence regarding unasserted claims (Oct. 2025) Mintz — Boston, MA Handled the meet-and-confer correspondence with respondents on claim withdrawal/partial termination. Name appears in the record as "Dixon, Williams"; I could not independently confirm the exact first/last-name format. (PTAB exhibit correspondence)
Cortney Hoechel Counsel (cc'd on ITC case correspondence) Mintz — Boston, MA Appears on the Marlin/Longitude ITC service list. (Same correspondence exhibit.)

The complainants' ITC service/correspondence address is the case-specific mailbox Marlin-ITC1@mintz.com, consistent with a Mintz-led team.

Important caveats and discrepancies to flag

  1. Sealed / non-public record: I was not able to access the USITC EDIS docket directly to pull the formal "Notice of Appearance" entries under Commission Rule 210.16(a). The role designations above are reconstructed from (a) the ITC complaint/service documents, (b) Mintz's own ITC case listing, and (c) the parallel PTAB filings where the same team appears. Individual "lead" vs. "back-up" labels may differ from the formal ITC appearance list, which is not fully public.

  2. Name-format uncertainty: The email signature for "WSDixon@mintz.com" renders as "Dixon, Williams." Treat the exact form of that attorney's name as unverified.

  3. Patent-number discrepancy (carried forward): The case metadata still lists "Patent at issue: 8076194." That is wrong — every official USITC/Federal Register document identifies the asserted patents as U.S. Patent Nos. 7,745,847; 9,093,473; 9,147,747; 9,184,292; and 9,953,880. This confirms the discrepancy already flagged in the "Key Legal Developments" section above; the metadata should be corrected.

  4. Status discrepancy (new): The case metadata labels this investigation "Ongoing," and the earlier "Key Legal Developments" section anticipated a Final Determination target of ~Sept. 28–29, 2026. However, a Federal Register notice dated Sept. 8, 2026 (91 FR 57161) states the Commission determined not to review ALJ Order No. 77 and terminated the investigation in its entirety on September 3, 2026, based on settlement — after Apple settled (Order No. 71, June 2026) and complainants and TSMC filed a joint motion to terminate (July 14, 2026). (Federal Register, 91 FR 57161). If accurate, the metadata's "Ongoing" status and the Sept. 29, 2026 target date are superseded. I would flag this to the case team for reconciliation rather than relying on the prompt's status field.

  5. No in-house counsel identified: No in-house attorney for Longitude Licensing, Marlin Semiconductor, or parent IPValue Management, Inc. appears on the public record for this investigation; the complainants appear through outside counsel exclusively.

Cross-references not to repeat

  • The parallel PTAB IPR counsel of record for Patent Owner Marlin Semiconductor is the same Mintz team (Meunier, Rizk, Renaud, Dokhanchy, Goma) — see the IPR2025-00864 mandatory notices.
  • The respondent-side counsel roster is already set out in the prior "Defendant representatives" section and should not be duplicated here; note that respondent-side counsel (Finnegan for Apple/TSMC, Kirkland for Broadcom, Paul Hastings, O'Melveny, Pillsbury, Polsinelli, Quinn Emanuel, DLA Piper, etc.) appear on the same ITC service lists and corroborate the Mintz complainants-side addresses above.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

The following attorneys represent the various defendants in ITC Investigation No. 337-TA-1443:

For Apple Inc.

  • Thomas L. Jarvis
    • Role: Lead Counsel
    • Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (Washington, D.C. office)
    • Note: Mr. Jarvis is a partner at Finnegan focusing on Section 337 investigations at the ITC and patent litigation in federal district courts, particularly for clients in the electronics and software industries.
  • Morgan Chu
    • Role: Of Counsel (highly experienced trial attorney)
    • Firm: Irell & Manella LLP (Los Angeles, CA office)
    • Note: Mr. Chu is a renowned intellectual property litigator, frequently recognized for high-stakes patent and trade secret cases across various technologies.
  • Andrey Spektor
    • Role: Counsel
    • Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (Washington, D.C. office)
    • Note: Mr. Spektor's practice includes patent litigation before the ITC and federal courts, often representing clients in the semiconductor and electronics sectors.
  • Jason W. Melvin
    • Role: Counsel
    • Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (Washington, D.C. office)
    • Note: Mr. Melvin specializes in patent litigation, particularly Section 337 investigations before the ITC involving complex technical issues.
  • Benjamin S. Elgin
    • Role: Counsel
    • Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (Washington, D.C. office)
    • Note: Mr. Elgin focuses his practice on patent litigation, including matters before the ITC and federal district courts.

For Broadcom Inc.

  • Bert C. Reiser
    • Role: Lead Counsel
    • Firm: Kirkland & Ellis LLP (Washington, D.C. office)
    • Note: Mr. Reiser is a partner at Kirkland & Ellis, recognized for his extensive experience in Section 337 investigations at the ITC across various technology sectors, including semiconductors.
  • Kevin J. Fee
    • Role: Counsel
    • Firm: Kirkland & Ellis LLP (Washington, D.C. office)
    • Note: Mr. Fee is a partner whose practice focuses on patent litigation, particularly in the areas of semiconductors, software, and consumer electronics, including ITC investigations.
  • Steven J. Sh virtually
    • Role: Counsel
    • Firm: Kirkland & Ellis LLP (Washington, D.C. office)
    • Note: Mr. Sh virtually handles complex patent litigation, often representing technology companies in ITC and federal court disputes.
  • Elizabeth M. Devaney
    • Role: Counsel
    • Firm: Kirkland & Ellis LLP (Washington, D.C. office)
    • Note: Ms. Devaney is an intellectual property litigator who represents clients in patent disputes before the ITC and federal courts.

For Lenovo Entities (Lenovo (Shanghai) Electronics Technology Co., Ltd. et al.)

  • Paul F. Ainsworth
    • Role: Lead Counsel
    • Firm: Greenblum & Bernstein, P.L.C. (Reston, VA office)
    • Note: Mr. Ainsworth focuses on patent litigation, particularly involving complex technical subject matter and Section 337 investigations at the ITC.
  • Brian C. Greenwald
    • Role: Counsel
    • Firm: Greenblum & Bernstein, P.L.C. (Reston, VA office)
    • Note: Mr. Greenwald's practice includes patent litigation, validity, and infringement analysis in various technological fields.

For Motorola Mobility LLC (and related Motorola entities)

  • David H. Schultz
    • Role: Lead Counsel
    • Firm: Clifford Chance US LLP (Washington, D.C. office)
    • Note: Mr. Schultz is a partner at Clifford Chance with significant experience in Section 337 investigations before the ITC and patent litigation across a range of technologies.
  • D. Brian King
    • Role: Counsel
    • Firm: Clifford Chance US LLP (Washington, D.C. office)
    • Note: Mr. King's practice focuses on intellectual property litigation, including patent infringement cases before the ITC and federal courts.

For OnePlus Technology (Shenzhen) Co., LTD.

  • Scott M. Daniels
    • Role: Lead Counsel
    • Firm: Westerman, Hattori, Daniels & Adrian, LLP (Washington, D.C. office)
    • Note: Mr. Daniels has extensive experience in patent litigation, particularly representing technology companies in disputes at the ITC.
  • Edward R. Hanning
    • Role: Counsel
    • Firm: Westerman, Hattori, Daniels & Adrian, LLP (Washington, D.C. office)
    • Note: Mr. Hanning's practice includes patent litigation and Section 337 investigations before the ITC.

For Taiwan Semiconductor Manufacturing Company Limited (TSMC)

  • Gary M. Hnath
    • Role: Lead Counsel
    • Firm: Venable LLP (Washington, D.C. office)
    • Note: Mr. Hnath is a nationally recognized IP litigator, particularly for Section 337 investigations at the ITC, with a strong focus on semiconductor and electronics disputes.
  • Justin A. Geller
    • Role: Counsel
    • Firm: Venable LLP (Washington, D.C. office)
    • Note: Mr. Geller is a partner who concentrates his practice on intellectual property litigation, including patent infringement and ITC Section 337 investigations, especially in the technology sector.
  • Whitney B. Reichel
    • Role: Counsel
    • Firm: Venable LLP (Washington, D.C. office)
    • Note: Ms. Reichel is an IP litigator with experience in patent disputes before the ITC and federal district courts, often involving complex technologies.

For Qualcomm Inc.

  • Brian E. Ferguson
    • Role: Lead Counsel
    • Firm: K&L Gates LLP (Washington, D.C. office)
    • Note: Mr. Ferguson is a partner at K&L Gates with extensive experience in patent litigation, particularly Section 337 investigations before the ITC involving semiconductor and wireless technologies.
  • Svetlana Portnoy
    • Role: Counsel
    • Firm: K&L Gates LLP (Washington, D.C. office)
    • Note: Ms. Portnoy focuses her practice on intellectual property litigation, including patent and trade secret disputes, often representing clients in the technology industry.
  • Joseph M. Cwik
    • Role: Counsel
    • Firm: K&L Gates LLP (San Francisco, CA office)
    • Note: Mr. Cwik is a partner whose practice includes patent litigation, particularly in areas related to software, electronics, and telecommunications.