On April 30, 2015, Pacific Bioscience Laboratories, Inc. of Redmond, Washington ("PBL") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The Complaint alleges that Our Family Jewels, Inc. of Parker, Colorado; Accord Media, LLC of New York, New York; Xnovi Electronic Co., Ltd. of China; Michael Todd True Organics LP and MTTO LLC of Port St. Lucie, Florida; Shanghai Anzikang Electric Co., Ltd. of China; Nutra-Luxe MD., LLC of Fort Meyers, Florida; Beauty Tech, Inc. of Coral Gables, Florida; ANEX Corporation of Korea; RN Ventures Ltd. of the United Kingdom; Korean Beauty Co., Ltd. of Korea; H2PRO Beautylife, Inc. of Placentia, California; Serious Skin Care, Inc. of Carson City, Nevada; Home Skinovations Inc. of Canada; Home Skinovations Ltd. of Israel; Wenzhou Ai Er Electrical Technology Co., Ltd d/b/a CNAIER of China; Coreana Cosmetics Co., Ltd. of Korea; and Flageoli Classic Limited of Las Vegas, Nevada (collectively, "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain electric skin care devices, brushes and chargers therefor, and kits containing the same that infringe one or more claims of U.S. Patent Nos. 7,320,691 (the '691 patent); 7,386,906 (the '906 patent); and D523,809 (the D'809 patent) (collectively, the "asserted patents"), in addition to infringing PBL's trade dress.
According to the complaint, the asserted patents generally relate to "certain electric skin care devices for treatment of acne and for treatment and/ or cleansing of the skin, along with the brushes or brushheads, and chargers for the devices."
In the Complaint, PBL states that the Proposed Respondents import and sell products that infringe the asserted patents. The Complaint specifically provides a listing of at least one accused product for each the Proposed Respondents.
Regarding domestic industry, PBL states that it has incorporated the technology and design of the asserted patents into its Clarisonic System, including the Mia, Pro, Plus, and Smart Profile devices. PBL further asserts that they satisfy the economic prong of the domestic industry requirement by making significant investments in plant, labor, and capital. Additionally, PBL states they have made substantial investments in the exploitation of their patented technology.
As to related litigation, PBL states that on May 1, 2015, it filed a complaint against the Proposed Respondents in the U.S. District Court for the Western District of Washington alleging infringement of the asserted intellectual property.
With respect to potential remedy PBL requests that the Commission issue a permanent general exclusion order and a cease and desist order directed at the Proposed Respondents.