On October 2, 2015, Varidesk LLC of Coppell, Texas ("Varidesk") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Brunswick Corp. of Lake Forest, Illinois ("Brunswick") unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain height-adjustable desk platforms and components thereof that infringe one or more claims of U.S. Patent No. 9,113,703 (the '703 patent).
According to the complaint, the '703 patent relates to a novel adjustable desk platform to allow a user to move seamlessly from sitting to standing position. In particular, pivot arms allow the desk platform to move between fully raised and fully lowered positions. One or more locking mechanisms allow the desk platform to be positioned at various heights between fully raised and fully lowered positions, and innovative keyboard support assemblies provide additional functionality.
In the complaint, Varidesk states that Brunswick imports and sells products that infringe the '703 patent. The complaint specifically refers to the INMOVMENT ELEVATE DESKTOP DT2 as a representative infringing product.
Regarding domestic industry, Varidesk states that its PRO, PRO PLUS, LAPTOP, and CUBE series products practice at least one claim of the '703 patent. Varidesk further states it conducts research, design, development, engineering, product support, prototyping, manufacturing support, warranty service, and repair relating to its domestic industry products at its headquarters in Texas.
As to related litigation, Varidesk states that on September 25, 2015, it filed suit against Brunswick in the U.S. District Court for the Northern District of Texas alleging infringement of the '703 patent.
With respect to potential remedy, Varidesk requests that the Commission issue a limited exclusion order and a cease and desist order directed at Brunswick and related entities.