By Eric SchweibenzOn December 26, 2012, Speculative Product Design, LLC of Mountain View, California, d/b/a Speck, (“Speck”) filed a complaint requesting that the U.S. International Trade Commission ( the “Commission”) commence an investigation pursuant to Section 337.
The complaint alleges that En Jinn Industrial Co. Ltd. of Taiwan, Shengda Huanqiu Shijie of China, Global Digital Star Industry, Ltd. of China, JWIN Electronics Corp., d/b/a iLuv of Port Washington, New York, Project Horizon, Inc. d/b/a InMotion Entertainment of Jacksonville, Florida, Superior Communications, Inc. d/b/a PureGear of Irwindale, California, and Jie Sheng Technology of Taiwan (collectively, the “Proposed Respondents”) unlawfully import and/or sell certain one-piece protective cases for portable handheld electronic devices that infringe one or more of claims 1–16 of U.S. Patent No. 8,204,561 (the ‘561 patent).
According to the complaint, the ‘561 patent relates generally to protective cases for handheld portable electronic devices such as mobile phones, laptops, tablets, personnel digital assistants and portable digital media players. Speck asserts that the Proposed Respondents import and sell certain cases for portable electronics products that infringe the ‘561 patent.
Regarding domestic industry, Speck states that it has made “substantial investments in its plant, equipment, labor and capital and substantial investments in the exploitation of the asserted patent and its products covered by the asserted patent in the United States.” Speck further asserts “that [it] has become one of the world's leading designers and manufacturers of protective cases for portable handheld electronic devices,” offering over 250 products in over 75 countries.
As to related litigation, the complaint states that Speck filed suit against Superior Communications, Inc., d/b/a PureGear, BodyGlove International (adding Fellowes, Inc. as a defendant on December 14, 2012), and JWIN Electronics Corp. in the Northern District of California, on September 25, 2012, alleging infringement and willful infringement of the ‘561 patent. Additionally, the complaint states that the Commission ordered an investigation concerning the ‘561 patent against Anbess Electronics Co. Ltd, BodyGlove International, LLC, Fellowes, Inc., ROCON Digital Technology Corp., SW-box.com, aka Cellphonezone Limited, Trait Technology (Shenzhen) Co., Limited, and Hongkong Wexun Ltd.
With respect to potential remedy, Speck requests that the Commission issue a general exclusion order, or alternatively, a limited exclusion order, and a permanent cease and desist order directed at the Proposed Respondents.