On June 15, 2010, eInstruction Corporation of Denton, Texas (“eInstruction”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Promethean Inc. of Alpharetta, Georgia and Promethean Technology Shenzhen Ltd. of China (collectively, “Promethean”) unlawfully import into the U.S. and sell within the U.S. after importation certain collaborative system products and components thereof that infringe eInstruction’s U.S. Patent No. 6,930,673 B2 (the ‘673 patent).
According to the complaint, the ‘673 patent generally relates to a teaching system for use in school classrooms. In particular, the patent is directed to a collaborative input system comprising a host computer, an associated display, and a plurality of electronic tablets or pads that are wirelessly connected to the host computer. Each tablet or pad can receive input via a pen whose activity is detectable by the surface of the tablet or pad, and this input is presented on the host computer’s display. The software running on the host computer manages and prioritizes the input from the plurality of tablets or pads.
In the complaint, eInstruction alleges that Promethean imports and sells wireless tablets under the designations “ActivSlate” and “ActivSlate 50” and that these tablets indirectly infringe all of the claims of the ‘673 patent when used according to Promethean’s instructions. eInstruction further alleges that Promethean has tested and demonstrated the use of its “ActivSlate” and “ActivSlate 50” tablets in a teaching system that directly infringes the claims of the ‘673 patent.
Regarding domestic industry, eInstruction states that its “INTERWRITE MOBI” and “INTERWRITE PAD” products practice the claims of the ‘673 patent in the U.S. According to the complaint, eInstruction designs, develops, and engineers the “INTERWRITE MOBI” and “INTERWRITE PAD” products at an Arizona facility. Software is added to the products and sales are coordinated out of eInstruction’s Texas facilities.
As to related litigation, eInstruction notes that the ‘673 patent was the subject of an earlier ITC investigation, Inv. No. 337-TA-682, and that that investigation settled. See our December 4, 2009 post for more details about the termination of the 682 investigation.
With respect to potential remedy, eInstruction requests that the Commission issue a permanent general exclusion order — or in the alternative a permanent limited exclusion order — and a permanent cease-and-desist order directed at Promethean.