On September 26, 2013, Freedom Scientific, Inc. of St. Petersburg, Florida (“Freedom Scientific”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Aumed Group Corp. of China and Aumed Inc. of San Carlos, California (collectively, “Aumed”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain handheld magnifiers and products containing same that infringe one or more claims of U.S. Patent Nos. D624,107 (the ‘107 patent) and 8,264,598 (the ‘598 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to handheld magnifiers. In particular, the ‘107 patent relates to the ornamental design of a handheld magnifier. The ‘598 patent relates to a magnifier that includes a camera that displays enlarged images upon a screen for easy viewing.
In the complaint, Freedom Scientific states that Aumed imports and sells products that infringe the asserted patents. The complaint specifically refers to the Aumed “Image” Magnifier as an allegedly infringing product.
Regarding domestic industry, Freedom Scientific states that its RUBY handheld magnifier practices claims of the asserted patents. Freedom Scientific further states that it has engaged in research and development, engineering, sales activities, support activities, and administrative activities in the U.S. related to products that practice the asserted patents. Freedom Scientific also states that it employs a significant amount of labor in the U.S. for engineering, marketing, sales, and support of products that practice the asserted patents.
As to related litigation, Freedom Scientific states that, concurrently with the filing of the instant ITC complaint, it is also filing a complaint against Aumed for infringement of the ‘107 and ‘598 patents in the U.S. District Court for the Middle District of Florida.
With respect to potential remedy, Freedom Scientific requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Aumed Group Corp.