By Eric Schweibenz and Alex EnglehartOn July 5, 2016, The Chamberlain Group, Inc. of Elmhurst, Illinois (“CGI”) filed a complaint requesting that the ITC 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 access control systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,161,319 (the ‘319 patent), 7,196,611 (the ‘611 patent), and 7,339,336 (the ‘336 patent) (collectively, the “asserted patents”):
- Techtronic Industries Co. Ltd. of Hong Kong
- Techtronic Industries North America, Inc. of Hunt Valley, Maryland
- One World Technologies Inc. of Anderson, South Carolina
- OWT Industries Inc. of Pickens, South Carolina
- Ryobi Technologies, Inc. of Anderson, South Carolina
- Et Technology (Wuxi) Co., Ltd. of China
According to the complaint, the asserted patents generally relate to various aspects of a barrier movement operator, such as a garage door or gate opener. In particular, the ‘319 patent relates to an improved movable barrier operator. The ‘611 patent relates to a barrier movement operator with a controller which is responsive to user-input signals and operational signals for selectively energizing a motor to open and close a barrier including a remote input/output unit connected to the controller able to receive user inputs remotely and display the status of portions of the barrier movement operator. Lastly, the ‘336 patent relates to methods for use with a movable barrier operator having a normal mode of operation and a user-initiable learning mode of operation.
In the complaint, CGI states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to the Ryobi Garage Door Opener and components thereof as infringing products.
Regarding domestic industry, CGI states that its own access control systems practice at least one claim of each of the asserted patents. CGI further states that it employs at least 750 employees in the U.S., including over 500 employees at facilities in Illinois and Arizona. These employees conduct, inter alia, research, design, development, engineering, testing, service, and support activities relating to CGI’s domestic industry products.
As to related litigation, CGI states that it is currently engaged in a litigation against the Proposed Respondents in the U.S. District Court for the Northern District of Illinois, where it is alleging infringement of the asserted patents.
With respect to potential remedy, CGI requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents.