08
Jun
By Eric Schweibenz and Stephen McBride
On June 8, 2018, Electrolux Home Products of Charlotte, NC and KX Technologies, LLC of West Haven, CT (collectively, “Electrolux”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Shenzen Calux Purification Technology Co., Limited, Guangzhou Zhixun Xingyi Information Technology Co., Ltd., Ningbo Pureza Limited, Jiangsu Angkua Environmental Technical Co., Ltd., Ecopure Filter Co., Ltd., Shenzhen Dakon Purification Tech Co., Ltd., and HongKong Ecoaqua Co., Limited, each of China, along with Ecolife Technologies, Inc., of City of Industry, California, Ecolife Technologies, LLC of Brighton, Colorado, and Crystala Filters LLC of Patterson, New Jersey (collectively, “Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain water filters and components thereof, that infringe one or more claims of U.S. Patent Nos. 8,673,146 (“the ’146 patent”), 8,137,551 (“the ’551 patent”), 9,233,322 (“the ’322 patent”) and 9,901,852 (“the ‘852 patent”) (collectively, “Asserted Patents”).

According to the complaint, the inventions of the Asserted Patents are useful as the water filtering system for a refrigerator having water dispensing means. The water filtration system is adaptable for removing rust, sand, silt, sediment, heavy metals, microbiological contaminants, and other known contaminants in water. In particular, in the ’852, ’146 and ’322 patents, a filter housing assembly is claimed that includes a filter housing (used to enclose a filter media), the filter housing having a top portion which includes axially off-center ingress and egress port, and a filter key.

Electrolux states that a domestic industry exists through KX Technologies’ design, development, engineering, testing and production of two models of water filters called the ULTRAWF and WF3CB, respectively. KX Technologies owns the Asserted Patents and Electrolux is an exclusive licensee of the Asserted Patents and the exclusive customer for the ULTRAWF and WF3CB water filters for use in its Frigidaire brand of appliances. The details of these investments were filed as confidential exhibits to the public version of the complaint.

In the complaint, Electrolux states that Respondents import and sell products that infringe the Asserted Patents. The complaint specifically refers to unauthorized replacement ULTRAWF and WF3CB filters under brand names such as “Clearwater Filters,” “PURNEAT,” “Eternawater,” “Tier1,” and “AQUACREST.”

As to related litigation, Electrolux disclosed the following proceedings involving the Asserted Patents: KX Technologies LLC v. Dilmen LLC d/b/a Coral Premium Water Filters, and Huseyin Dilmen d/b/a Mirage Basics, filed May 17, 2016 in the United States District Court for the District of Connecticut (Civil Action No. 3:16-cv-00745 (CSH)) and KX Technologies LLC v. Zuma Water Filters, Ina, et al., filed on August 23, 2016 in the United States District Court for the District of Connecticut (Civil Action No. 3:16-cv-01433 (CSH)).

With respect to potential remedy, Electrolux requests that the Commission issue a general exclusion order, or in the alternative, a limited exclusion order forbidding entry into the United States of Respondents’ refrigerator water filters that infringe one or more claims of the
Assorted Patents; and a permanent cease and desist order.