On October 31, 2016, DSM Desotech, Inc. of Elgin, Illinois and DSM IP Assets B.V. of the Netherlands (collectively, “DSM”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Momentive UV Coatings (Shanghai) Co., Ltd. of China and OSS Fitel, LLC of Norcross, Georgia (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain UV curable optical fiber coatings, coated optical fibers, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,961,508 (the ’508 patent), 7,171,103 (the ’103 patent), 7,067,564 (the ’564 patent), and 7,706,659 (the ’659 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to coating products for optical fibers. In particular, the ’508 and ’103 patents relate to optical fiber coatings such as primary and secondary coatings that are used to protect optical fibers. The ’564 and ’659 patents relate to optical fiber coatings that exhibit increased resistance to the formation of defects in the coatings that could result in loss of signal during transmission through optical fibers.
In the complaint, DSM states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to KlearShield coatings for single-mode and multi-mode optical fiber, AllWave FLEX Fiber, and EZ-Bend Ultra Bend Single-Mode Fiber as infringing products.
Regarding domestic industry, DSM states that it has engaged in extensive research, development, and engineering in the U.S. related to coatings that practice at least one claim of each of the asserted patents. DSM further states that it engages in ongoing product development, technical customer support and service, and technical marketing activities in the U.S. related to its domestic industry products. DSM specifically refers to a facility in Illinois with 134,000 square feet in total space in support of its domestic industry contentions.
As to related litigation, DSM states that it is currently asserting the asserted patents against Momentive UV Coatings (Shanghai) Co., Ltd. and Momentive Specialty Chemicals Inc. in the U.S. District Court for the Southern District of Ohio. DSM further states that it previously asserted the asserted patents in two district court litigations against Corning Inc. DSM also states that the ’508 and ’103 patents were previously challenged in inter partes review proceedings at the U.S. Patent and Trademark Office, but the challenged claims were not cancelled.
With respect to potential remedy, DSM requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at the Proposed Respondents.