By Eric Schweibenz and Alex Englehart
On February 2, 2018, Lumencor, Inc. of Beaverton, Oregon (“Lumencor”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Excelitas Technologies Corp. of Waltham, Massachusetts and Lumen Dynamics Group, Inc. of Canada (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain light engines and components thereof that infringe one or more claims of U.S. Patent Nos. 9,574,722 (the ’722 patent), 9,395,055 (the ’055 patent), and 8,493,564 (the ’564 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to an illumination system that includes what Lumencor calls a light pipe. The light pipe allegedly solves a specific problem for life-science illumination systems, which require high-intensity light across the visible spectrum. In particular, the light pipe allegedly solves the need for high-intensity green light from light-emitting diodes, which traditionally are much more readily available in variants that emit red or blue light. The high-intensity green light from the light pipe is provided to additional optical components of the illumination system which combine the high-intensity green light with light of different colors and output the combined light (or different colors as required) in a manner suitable for transmitting the light to an optical instrument such as a microscope, analytical instrument, or medical instrument.

In the complaint, Lumencor states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to X-Cite FIRE LED Fluorescence Illuminator devices as infringing products.

Regarding domestic industry, Lumencor states that many of its own light engine products practice claims of the asserted patents. Lumencor further states that it conducts manufacturing, design, development, engineering, research, development, management, testing, and technical support activities relating to its domestic industry products at its headquarters in Oregon.

With respect to potential remedy, Lumencor requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents.