On October 1, 2015, AAVN, Inc. of Richardson, Texas ("AAVN") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that AQ Textiles, LLC of Greensboro, North Carolina and Creative Textile Mills Pvt. Ltd. of India (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain woven textile fabrics and products containing same that infringe one or more claims of U.S. Patent No. 9,131,790 (the '790 patent).
According to the complaint, the '790 patent relates to solving the alleged shortcomings of having to sacrifice comfort for durability when weaving high thread count cotton-synthetic blended fabrics. In particular, the invention of the '790 patent allows for the manufacturing of woven textile fabrics with a thread count between 200 and 1000, while maintaining a considerable minimum tensile strength throughout the end product.
In the complaint, AAVN states that the Proposed Respondents import and sell products that infringe the '790 patent. The complaint specifically refers to Sterling Manor brand 620 thread count sheets as infringing products.
Regarding domestic industry, AAVN states that it and its wholly-owned subsidiary Next Creations Holdings, LLC ("NEXTT") have engineered, designed, and produced woven textile fabrics and products containing same that practice at least one claim of the '790 patent in the U.S. AAVN refers to the NEXTT Alpha Cotton 800 thread count sheet as a representative domestic industry product. AAVN specifically refers to activities taking place and its and NEXTT's facilities in Texas, New York, Minnesota, and North Carolina to support its domestic industry allegations.
As to related litigation, AAVN states that on September 16, 2015, it filed complaints in the U.S. District Court for the Eastern District of Texas alleging that the Proposed Respondents and others infringe the '790 patent.
With respect to potential remedy, AAVN requests that the Commission issue a permanent general exclusion order, or, alternatively, a limited exclusion order, and a permanent cease and desist order directed at the Proposed Respondents and related entities. AAVN states that a general exclusion order is necessary to prevent the circumvention of an order limited to the Proposed Respondents and due to the widespread pattern of infringement and difficulty in identifying the source of imported infringing products.