On July 11, 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 the following entities (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 the claims of U.S. Patent Nos. D712,666 (the ‘666 patent), D712,670 (the ‘670 patent), D751,298 (the ‘298 patent), D712,161 (the ‘161 patent), and D737,058 (the ‘058 patent) (collectively, the “asserted patents”):
- Stylen Quaza LLC d/b/a Vicostone USA of Dallas, Texas
- Vicostone Joint Stock Company of Vietnam
- Building Plastics Inc. of Memphis, Tennessee
- Fasa Industrial Corporation, Ltd. of China
- Foshan FASA Building Material Co., Ltd. of China
- Solidtops LLC of Oxford, Maryland
- Dorado Soapstone LLC of Denver, Colorado
- Pental Granite and Marble Inc. of Seattle, Washington
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 Cosmic Black, White Macaubas, Dark Reflections, Lamar, Caramel, Raven, and Volcano quartz slabs and portions thereof as infringing products.
Regarding domestic industry, Cambria states that its Bradshaw, Armitage, Ella, Laneshaw, and Menai 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 it intends to file a complaint in the U.S. District Court for the District of Minnesota alleging patent infringement by the Proposed Respondents. In addition, Cambria refers to an ongoing ITC investigation (Inv. No. 337-TA-996) where it is accusing other entities of infringing some of the asserted patents. See our May 13, 2016 post for more details on the 996 investigation. Cambria specifically suggests that the Commission consolidate any investigation instituted based on the instant complaint with the 996 investigation. Lastly, Cambria refers to an ongoing litigation against certain of the Proposed Respondents in the U.S. District Court for the District of Minnesota where Cambria is alleging copyright infringement.
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.