On June 29, 2011, ObjectVideo, Inc. of Reston, Virginia (“ObjectVideo”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Robert Bosch GmbH of Germany and Bosch Security Systems, Inc. of Fairpoint, New York (collectively, “Bosch”), Samsung Techwin Co., Ltd. of Korea and Samsung Opto-Electronics America Inc. d/b/a Samsung Techwin America, Inc. of Ridgefield Park, New Jersey (collectively, “Samsung”), and Sony Corporation of Japan and Sony Electronics, Inc. of San Diego, California (collectively, “Sony”) (all collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain video analytics software, systems, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,696,945 (the ‘945 patent), 6,970,083 (the ‘083 patent), 7,613,324 (the ‘324 patent), 7,424,175 (the ‘175 patent), 7,868,912 (the ‘912 patent) and 7,932,923 (the ‘923 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to various aspects of video analytics systems. In particular, the ‘945 and ‘083 patents relate to a method and system that receives video from a device, such as a security camera, and then gathers and processes data based on the video. The ‘324 patent relates to a method and system for detecting the change in posture of a person in a video data stream. The ‘175 patent relates to a method and system for segmenting video into foreground portions and background portions using statistical modeling of the chromatic and/or intensity values of pixels in the video. Lastly, the ‘912 and ‘923 patents relate to a method and system which can reduce the overall processing burden of a video surveillance system by, in some implementations, eliminating the need for video data to be reprocessed.
In the complaint, ObjectVideo alleges that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to the Bosch Intelligent Video Analysis software — which is incorporated into certain Bosch camera products and encoder products — and the Bosch Archive Player for Forensic Search software and Bosch Video Client for Forensic Searching software. The complaint further refers to the Samsung WiseNet Digital Signal Processor, which is incorporated into certain Samsung camera products. Lastly, the complaint refers to Sony Real Shot Manager software products, Sony DEPA Platform camera products, Sony encoders, and Sony cameras having DEPA Advanced technology.
Regarding domestic industry, ObjectVideo states that it has established a domestic industry in the U.S. pursuant to 19 U.S.C. § 1337(a)(3)(C) through its substantial investment in licensing the asserted patents. According to the complaint, ObjectVideo employs a staff of three attorneys who provide legal support in connection with the licensing and enforcement of ObjectVideo’s intellectual property. ObjectVideo further states that it has three additional employees who provide technical analysis in support of ObjectVideo’s licensing efforts, and that it also works with outside consultants for the purpose of generating licensing revenues. Additionally, ObjectVideo states that it has made significant investments in the exploitation of the asserted patents through engineering and research and development in the U.S., including the manufacturing and sale of video analytics systems that practice one or more claims of the ‘945, ‘083, ‘175, ‘912, and ‘923 patents. According to the complaint, ObjectVideo designs these products at its facilities in Reston, Virginia, and the products are used in numerous video cameras and encoders for the benefit of numerous companies and institutions, including Boston University and The Kroger Co.
As to related litigation, ObjectVideo states that on April 6, 2011, it filed a complaint against Bosch, Samsung, and Sony in the U.S. District Court for the Eastern District of Virginia alleging infringement of the ‘945, ‘083, ‘324, and ‘912 patents. ObjectVideo further states that on May 11, 2011, it filed an amended complaint in the district court adding allegations that Bosch, Samsung, and Sony infringe the ‘175 and ‘923 patents.
With respect to potential remedy, ObjectVideo requests that the Commission issue a permanent exclusion order and permanent cease and desist orders directed at the Proposed Respondents and their successors and assigns.