On July 22, 2011, MyKey Technology Inc. of Gaithersburg, Maryland (“MyKey”) 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 computer forensic devices and products containing the same that infringe certain claims of U.S. Patent Nos. 6,813,682 (the ‘682 patent), 7,159,086 (the ‘086 patent) and 7,228,379 (the ‘379 patent) (collectively, the “asserted patents”):
- Data Protection Solutions by Arco of Hollywood, Florida
- CRU Acquisitions Group LLC of Vancouver, Washington
- CRU-DataPort LLC of Vancouver, Washington
- Digital Intelligence, Inc. of New Berlin, Wisconsin
- Diskology, Inc. of Chatsworth, California
- Guidance Software, Inc. of Pasadena, California
- Guidance Tableau LLC of Pasadena, California
- Ji2, Inc. of Cypress, California
- MultiMedia Effects, Inc. of Canada
- Voom Technologies, Inc. of S. Lakeland, Minnesota
- YEC Co. Ltd. of Japan
According to the complaint, the asserted patents generally relate to computer forensics and computer security. In particular, the ‘682 patent relates to mechanisms for controlling user access to storage devices. The ‘086 patent relates to mechanisms for making exact copies of storage devices. Lastly, the ‘379 patent relates to mechanisms for removing data from storage devices.
In the complaint, MyKey states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically identifies a number of allegedly infringing products associated with the various Proposed Respondents.
Regarding domestic industry, MyKey states that the technology disclosed and claimed in the ‘682 patent is embodied in MyKey’s NoWrite IDE, NoWrite FPU, NoWrite FlashBlock, and NoWrite RW products; the technology disclosed and claimed in the ‘086 patent is embodied in MyKey’s DriveCopy product; and the technology disclosed and claimed in the ‘379 patent is embodied in MyKey’s DriveCleaner product. As to the economic prong, MyKey states that it has engaged in significant domestic investment in plant and equipment and significant domestic employment of labor and capital for the manufacturing, design, engineering, research, development, quality control, service, repair, packaging, testing, sales, and marketing of MyKey products that practice the asserted patents. MyKey also states that it has made a substantial domestic investment in the exploitation, enforcement, and licensing of the asserted patents.
As to related litigation, MyKey states that on May 20, 2011, it filed a complaint in the U.S. District Court for the District of Delaware alleging that the Proposed Respondents infringe the asserted patents. MyKey further states that, also on May 20, 2011, it filed another complaint in the U.S. District Court for the District of Delaware alleging that CPR Tools, Inc., Intelligent Computer Solutions, Inc., and Logicube, Inc. infringe the asserted patents.
With respect to potential remedy, MyKey requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at the Proposed Respondents.