On March 30, 2017, Varidesk LLC of Coppell, Texas (“Varidesk”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell 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 (the ’703 patent), 9,277,809 (the ’809 patent), and 9,554,644 (the ’644 patent):
- 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
According to the complaint, the asserted patents generally relate to a novel adjustable desk platform that allows a user to move seamlessly from a sitting to a standing position. In particular, the complaint states that the asserted patents disclose pivot arms that allow the desk platform to move between fully-raised and fully-lowered positions; one or more locking mechanisms that allow the desk platform to be positioned at various heights between fully-raised and fully-lowered positions; and keyboard support assemblies that provide additional functionality.
In the complaint, Varidesk states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to the Mount-It! Sit-Stand Desk Converter, Ergotech Freedom Desk, Monoprice Sit-Stand Height Adjustable Desk, Loctek DRI Desk Riser, and Flexispot Desktop Workstation as infringing products.
Regarding domestic industry, Varidesk states that its own Pro, Pro Plus, and Cubicle series products practice the asserted patents in the U.S. Varidesk further states that it conducts relevant research, design, sales, marketing, development, engineering, product support, prototyping, manufacturing support, repair and warranty service activities in the U.S. relating to its domestic industry products. According to the complaint, most of these activities take place at Varidesk’s headquarters in Texas.
As to related litigation, Varidesk states that it previously asserted the ’703 patent against Brunswick Corp. at the ITC in Inv. No. 337-TA-970 and in district court, but that these cases settled. See our November 5, 2015 post for more details on the 970 investigation. Varidesk also states that it previously asserted the ’703 and ’809 patents against Nortek, Inc. and Ergotron, Inc. at the ITC in Inv. No. 337-TA-992 and in district court, but that these cases also settled. See our April 21, 2016 post for more details on the 992 investigation. Varidesk further states that, concurrently with the filing of the instant ITC complaint, it also filed suit against the Proposed Respondents in the U.S. District Court for the Northern District of Texas alleging infringement of the asserted patents.
With respect to potential remedy, Varidesk requests that the Commission issue a limited exclusion order and cease and desist orders directed at the Proposed Respondents and related entities.