On April 20, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Height-Adjustable Desk Platforms and Components Thereof (Inv. No. 337-TA-992).
By way of background, this investigation is based on a March 18, 2016 complaint filed by Varidesk LLC of Coppell, Texas alleging violation of Section 337 in the importation into the U.S. and sale of certain height-adjustable desk platforms and components thereof that infringe one or more claims of U.S. Patent Nos. 9,113,703 and 9,277,809. See our March 18, 2016 post for more details on the complaint.
According to the Notice of Investigation, the Commission has identified Nortek, Inc. of Providence, Rhode Island and Ergotron, Inc. of St. Paul, Minnesota as the respondents. The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.
Lastly, Chief ALJ Bullock issued a notice indicating that Thomas B. Pender will be the presiding Administrative Law Judge in this matter.