On April 14, 2016, Cambria Company LLC of Belle Plaine, Minnesota (“Cambria”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Wilsonart LLC of Temple, Texas and Dorado Soapstone LLC of Denver, Colorado (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain quartz slabs and portions thereof that infringe one or more claims of U.S. Patent Nos. D712,670 (the ‘670 patent), D713,154 (the ‘154 patent), D737,058 (the ‘058 patent), D737,576 (the ‘576 patent), D737,577 (the ‘577 patent), and D738,630 (the ‘630 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to ornamental features of Cambria’s quartz designs.
In the complaint, Cambria states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to Arno, Aurora, Badaling, Santiago, Murren, and Tundra-branded quartz slabs and portions thereof as infringing products.
Regarding domestic industry, Cambria states that its Bradshaw, Galloway, Menai, Castlemartin, Berwyn, and Fairbourne products practice the asserted patents. Cambria further states that it conducts extensive activities in the U.S. relating to its domestic industry products, including the entirety of its manufacturing and research and development in connection with such products. Cambria specifically refers to a facility in Minnesota where it conducts manufacturing and research and development.
As to related litigation, Cambria states that, concurrently with the filing of the instant ITC complaint, it is also filing a complaint in the U.S. District Court for the District of Minnesota alleging patent infringement by the Proposed Respondents.
With respect to potential remedy, Cambria requests that the Commission issue a permanent general exclusion order, a permanent limited exclusion order, and permanent cease and desist orders directed at the Proposed Respondents and others acting on their behalf.