On December 8, 2015, Server Technology, Inc. of Reno, Nevada (“STI”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Raritan Americas, Inc. of Somerset, New Jersey (“Raritan”), Legrand North America of West Hartford, Connecticut, and Legrand SA of France (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain rack mountable power distribution units that infringe one or more claims of U.S. Patent Nos. 7,162,521 (the ‘521 patent), 7,400,493 (the ‘493 patent), 7,414,329 (the ‘329 patent), 7,447,002 (the ‘002 patent), 7,567,430 (the ‘430 patent), 7,706,134 (the ‘134 patent), 8,541,906 (the ‘906 patent), 8,541,907 (the ‘907 patent), 8,601,291 (the ‘291 patent), and 8,694,272 (the ‘272 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to high-end rack mountable power distribution units (“PDUs”), including the design, structure, and operation of such products. In particular, the ‘521 patent relates to high-end PDUs that include the ability to manage the provision of power to electronic equipment by power cycling on or off the power outlets of the PDU based on control commands from the network. The ‘493 patent relates to high-end PDUs of the type that are used in large equipment racks. The ‘329, ‘906, and ‘907 patents relate to high-end PDUs that can be mounted in electronic equipment racks. The ‘002 patent relates to high-end PDUs that include fuses as a circuit-protection mechanism for power that is being distributed between the input and the various power outputs in the PDU. The ‘430 patent relates to high-end PDUs that include fuses as a circuit protection mechanism. The ‘134 patent relates to high-end PDUs that include a component portion and a housing. The ‘291 patent relates to high-end PDUs that include multiple power inputs, multiple groups of power outputs, and a communication bus. Lastly, the ‘272 patent relates to high-end PDUs that include voltage and current sensors for the power input and power outputs to measure power parameters.
In the complaint, STI states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to rack mountable PDUs sold by the Proposed Respondents as infringing products.
Regarding domestic industry, STI states that it maintains a facility in Reno, Nevada where it employs approximately 150 individuals engaged in final assembly and manufacturing, engineering, and research and development in connection with PDUs, including PDUs that practice the asserted patents. STI further states that it has approximately $95 million in sales and is the second-largest manufacturer and provider of PDUs in the world.
As to related litigation, STI states that it is engaged in a district court litigation against Raritan in the U.S. District Court for the District of Nevada. STI states that each of the patents asserted in the instant ITC complaint has either already been asserted in the district court litigation or will be added to such litigation shortly.
With respect to potential remedy, STI requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents.