On March 11, 2015, Otter Products, LLC of Fort Collins, Colorado ("Otter") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Speculative Product Design, LLC of San Mateo, California ("Speck") and Tech21 UK Limited of the United Kingdom ("Tech21") (collectively, "Proposed Respondents") unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain protective cases for electronic devices that infringe one or more claims of U.S. Patent Nos. 8,792,232 (the '232 patent) and 8,976,512 (the '512 patent) (collectively, the "Asserted Patents").
According to the complaint, the Asserted Patents generally relate the protective cases for electronic devices. In particular, the '232 patent relates to protective cases for electronic devices that have interactive control panels, such as touchscreens, and the '512 patent relates to protective cases for electronic devices that have touchscreens and one or more electrical contacts.
In the complaint, Otter states that both Speck and Tech21 import and sell products that infringe the Asserted Patents. The complaint specifically refers to the Speck CandyShell, Speck MightyShell, Tech21 Evo Mesh, and Tech21 Classic Check as infringing products.
Regarding domestic industry, Otter states that it has made significant investment in plant and equipment, significant employment of labor or capital, and substantial investment in the exploitation of the Asserted Patents, through its activities in the United States directed to products protected by the Asserted Patents. Otter further describes the domestic industry products as including, but are not limited to, OtterBox's Commuter Series, including the wallet case product, and Symmetry Series protective cases.
As to related litigation, Otter states that Proposed Respondent Speck filed suit against Otter in the Northern District of California, asserting infringement of U.S. Patent Nos. 8,755,852 and 8,204,561. Otter further noted that its Answer and Counterclaims allege that Speck's CandyShell products infringe the '232 patent.
With respect to potential remedy, Otter requests that the Commission issue a limited exclusion order and a cease and desist order directed at the Proposed Respondents and others acting on their behalf.