By Eric Schweibenz and Alex Englehart
On October 10, 2017, Aqua Connect, Inc. (“Aqua Connect”) and Strategic Technology Partners, LLC (collectively, “Complainants”)—both of Orange, California—filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Apple Inc. of Cupertino, California (“Apple”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain network personal computers and mobile devices that infringe one or more claims of U.S. Patent Nos. RE46,386 (the ’386 patent) and 8,924,502 (the ’502 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to solutions for updating a user interface of a Mach-derived computing device that is being displayed to a user on a remote computer over a network. In particular, the ’386 patent relates to a system architecture that includes an “agent server” within the context where the user interface is executing and an “agent client” outside of that context. The agent server and agent client are associated through Mach, which allows them to communicate over a system communication facility. As a result, they can securely and efficiently pass information (such as user interface information) in and out of the user context, and then onto a remote computer over a network. The ’502 patent is similar to the ’386 patent but recites additional aspects and applications of the core agent server - agent client architecture that yield additional benefits.

In the complaint, Complainants state that Apple imports and sells products that infringe the asserted patents. The complaint specifically refers to Apple’s Mac computers, iPhones, iPads, iPods, and Apple TV products as infringing products.

Regarding domestic industry, Complainants state that Aqua Connect’s terminal server and remote desktop products practice claims of the asserted patents. Complainants further state that Aqua Connect has made significant investments in its facilities and equipment in the U.S. and has engaged in significant employment of labor and capital in the U.S. in connection with Aqua Connect’s domestic industry products. Complainants also state that Aqua Connect has made substantial U.S. investments in research and development relating to Aqua Connect’s domestic industry products.

As to related litigation, Complainants state that, concurrently with the filing of the instant ITC complaint, they also filed a complaint against Apple in the U.S. District Court for the Central District of California alleging infringement of the asserted patents.

With respect to potential remedy, Complainants request that the Commission issue a temporary exclusion order, a temporary cease and desist order, a permanent limited exclusion order, and a permanent cease and desist order directed at Apple and related entities.