22
Jun
By Eric Schweibenz and Michael West
On June 22, 2018, Varidesk LLC (“Varidesk”) of Coppell, Texas filed a complaint (part 1, part 2, and part 3) requesting that the U.S. International Trade Commission (“Commission”) 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 height-adjustable desks that infringe one or more claims of U.S. Patent No. 9,113,703 (“the ’703 patent”); U.S. Patent No. 9,277,809 (“the ’809 patent”); U.S. Patent No. 9,554,644 (“the ’644 patent”); and U.S. Patent No. 9,924,793 (“the ’793 patent”) (collectively, the “asserted patents”):

  • Albeit LLC of San Francisco, California
  • ATC Supply LLC of Plainfield, Illinois
  • Shenzhen Ate Network Scienology CO., LTD of China
  • Best Choice Products of Ontario, Canada
  • Huizhou Chang He Home Supplies Co., Ltd. of China
  • Dakota Trading, Inc. of Emerson, New Jersey
  • Designa Inc. of China
  • Designa Group, Inc. of El Dorado Hills, California
  • Eureka LLC of El Dorado Hills, California
  • LaMountain International Group LLC of Elk Grove, California
  • Amazon Import Inc. of El Monte, California
  • Hangzhou Grandix Electronics Co., Ltd. of China
  • Ningbo GYL International Trading Co., Ltd. of China
  • Knape & Vogt Manufacturing Co. of Grand Rapids, Michigan
  • JV Products Inc. of Milpitas, California
  • Vanson Distributing, Inc. of Milpitas, California
  • Vanson Group, Inc. of Milpitas, California
  • S. P. Richards Co. DBA Lorell of Smyrna, Georgia
  • Nantong Jon Ergonomic Office Co., Ltd. of China
  • Jiangsu Omni Industrial Co., Ltd. of China
  • OmniMax USA, LLC of Anna, Texas
  • Haining Orizeal Import and Export Co., Ltd. of China
  • Qidong Vision Mounts Manufacturing Co., Ltd. of China
  • Hangzhou KeXiang Keji Youxiangongsi of China
  • Smugdesk, LLC of La Puente, California
  • Venditio Group, LLC of Elkton, Florida
  • Versa Products Inc. of Los Angeles, California
  • Victor Technology, LLC of Bolingbrook, Illinois
  • CKnapp Sales, Inc. D/B/A Vivo of Goodfield, Illinois
  • Wuhu Xingdian Industrial Co., Ltd. of China
  • Wuppessen, Inc. of Ontario Canada

According to the complaint, the asserted patents generally relate to height-adjustable desks. In particular, the ’703, ’809, ’644, and ’793 patents relate to height-adjustable desk platform structures and assemblies. The ’703, ’809, ’644, and ’793 patents relate generally to a novel adjustable desk platform that allows a user to move seamlessly from a sitting to standing position. Pivot arms allow the desk platform to move between fully raised and fully lowered positions. One or more locking mechanisms allow the desk platform to be positioned at various heights between fully raised and fully lowered positions. Innovative keyboard support assemblies provide additional functionality.

In the complaint, Varidesk states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to height-adjustable desks such as one or more of the Proposed Respondents’ “HeroDesk brand desks,” “ANNT Lumsing brand desks,” “Best Choice Products brand desks,” “Halter brand desks,” “Eureka brand desks,” “Fezibo brand desks,” “Bolante brand desks,” Logix brand desks,” “Lorell brand desks,” “SITA-Office brand desks,” “Smugdesk brand desks,” “Conquer brand desks,” “VersaDesk brand desks,” “Victor brand desks,” “Vivo brand desks,” and “Songmics brand desks” as the infringing products.

As to related litigation, Varidesk states that the ’703 patent was subject to Investigation 337-TA-970, settled in February 2016, and a related litigation in the U.S. District Court of Northern District of Texas that also settled. The ’703 and 809 patents were subject to Investigation 337-TA-992, settled in October 2016, and a related litigation in the U.S. District Court of Northern District of Texas that also settled. The ’703, ’809, and ’644 patents were subject to Investigation 337-TA-1054, settled in August 2017, and a related litigation in the U.S. District Court of Northern District of Texas that also settled.

With respect to potential remedy, Varidesk requests that the Commission issue a permanent general exclusion order (in the alternative, limited exclusion orders) and a permanent cease-and-desist order directed at the Proposed Respondents any of its related entities, affiliates, distributors, subsidiaries, and representatives.
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