On May 1, 2017, 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-1054).

By way of background, this investigation is based on a March 30, 2017 complaint filed by Varidesk LLC of Coppell, Texas alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain height-adjustable desk platforms and components thereof that infringe one or more claims of U.S. Patent Nos. 9,113,703; 9,277,809; and 9,554,644. See our April 14, 2017 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following as the respondents in this matter:

  • Lumi Legend Corp. of China
  • Innovative Office Products LLC of Easton, Pennsylvania
  • Ergotech Group LLC of Easton, Pennsylvania
  • Transform Partners LLC (d/b/a Mount-It!) of San Diego, California
  • Monoprice, Inc. of Rancho Cucamonga, California
  • Ningbo Loctek Visual Technology Corp. of China
  • Zhejiang Loctek Smart Drive Technology Co., Ltd. of China
  • Loctek Inc. of Fremont, California
  • Zoxou, Inc. of Fremont, California
  • Flexispot of Livermore, California

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 Charles E. Bullock issued a notice indicating that Theodore R. Essex will be the presiding Administrative Law Judge in this matter.