On August 17, 2012, BriarTek IP, Inc. of Alexandria, Virginia (“BriarTek”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Delorme Publishing Company, Inc. and Delorme InReach LLC d/b/a InReach LLC (collectively, “Delorme”)—both of Yarmouth, Maine—and Yellowbrick Tracking Ltd. of the United Kingdom (“Yellowbrick”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain two-way global satellite communication devices, systems, and components thereof that infringe one or more claims of U.S. Patent No. 7,991,380 (the ‘380 patent).
According to the complaint, the ‘380 patent generally relates to a monitoring and reporting system comprised of a user unit and a monitoring system. The complaint states that this arrangement allows for both the transmission and reception of data between the user and a monitoring system through a satellite infrastructure. The data—transferrable as short text messages—may include the nature of an emergency, the type of assistance required, or early warnings about impending dangers such as inclement weather.
In the complaint, BriarTek states that Delorme and Yellowbrick import and sell products that infringe the ‘380 patent. The complaint specifically names the Delorme InReach, Delorme Earthmate, Yellowbrick 3, and Yellowbrick Messenger as infringing products.
Regarding domestic industry, BriarTek states that a related company, BriarTek, Inc., licenses the ‘380 patent and practices the patent in the U.S. BriarTek specifically refers to the Cerberus system manufactured by BriarTek, Inc. at its facility in Alexandria, Virginia. According to the complaint, the technical prong of the domestic industry requirement is satisfied because many claims of the ‘380 patent read on the Cerberus system. As to the economic prong, the complaint states that BriarTek and BriarTek, Inc. have made substantial investments in the U.S. in labor, capital, R&D, manufacturing, plant and equipment, sales, and marketing relating to devices that practice the ‘380 patent.
With respect to potential remedy, BriarTek requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at Delorme and Yellowbrick.