On August 20, 2015, Pathway Innovations & Technologies, Inc. of San Diego, California ("Pathway") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Recordex USA, Inc. of Long Island City, New York ("Recordex"), QOMO HiteVision, LLC of Wixom, Michigan, and Adesso, Inc. of Walnut, California (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain document cameras and software for use therewith that infringe one or more claims of U.S. Patent Nos. D647,906 (the '906 patent), D674,389 (the '389 patent), 8,508,751 (the '751 patent), and D715,300 (the '300 patent) (collectively, the "asserted patents").
According to the complaint, the asserted patents generally relate to high-resolution document cameras and software for use therewith. In particular, the '906 patent relates to an ornamental design for a portable and small form factor document camera and scanner with extendible folding arms. The '389 patent relates to an ornamental design for a document imaging instrument. The '751 patent relates to document cameras and software for use therewith which is capable of capturing real-time video, with zooming capability. Lastly, the '300 patent relates to an ornamental design for an imaging device.
In the complaint, Pathway states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to Recordex's SimplicityCam 5e, SimplicityCam 5i+, and XSight software as infringing products.
Regarding domestic industry, Pathway states that it makes extensive use of the inventions of the asserted patents in numerous products, including its HoverCam Solo8, Solo8 Wireless, Neo3, Mini5, Solo5, 3PO, T3, and Ultra8 document cameras. Pathway further states that it has invested millions of dollars and years of effort in the engineering, research, development, exploitation, advertising, and promotion of such products in the United States. Pathway specifically refers to its headquarters in San Diego, California, where its staff assists with research, design, development, planning, logistics, sales, marketing, order processing, customer and technical support, and other activities associated with products that practice the inventions of the asserted patents.
As to related litigation, Pathway states that on July 13, 2015, it filed complaints against the Proposed Respondents in the U.S. District Court for the Southern District of California alleging infringement of the asserted patents. However, Pathway further states that, as of the filing of the instant ITC complaint, it had not yet served such district court complaints on the Proposed Respondents.
With respect to potential remedy, Pathway requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at the Proposed Respondents and others acting on their behalf.