By Eric Schweibenz and Alex Englehart
On February 15, 2017, Pathway Innovations and Technologies, Inc. of San Diego, California (“Pathway”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that IPEVO, Inc. of Sunnyvale, California, Aver Information Inc. of Fremont, California, and Lumens Integration, Inc. of Fremont, California (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain document cameras and software for use therewith that infringe one or more claims of U.S. Patent No. 8,508,751 (the ’751 patent).

According to the complaint, the ’751 patent relates to personal computer processing of real-time video captured from an external camera (e.g., a document camera), to provide digital zooming and annotation for display.

In the complaint, Pathway states that the Proposed Respondents import and sell products that infringe the ’751 patent. The complaint specifically refers to various document cameras and related software associated with the Proposed Respondents as infringing products.

Regarding domestic industry, Pathway states that it makes extensive use of the technology of the ’751 patent in its own products, including the HoverCam Solo8, Solo8 Wireless, Neo3, Mini5, Solo5, 3PO, T3, and Ultra8 document cameras, and related software. Pathway states that it has invested millions of dollars and years of effort in the engineering, research, development, manufacturing, exploitation, advertising, and promotion of its domestic industry products in the U.S. Pathway specifically refers to a facility in California where it conducts relevant research, design, development, planning, logistics, sales, marketing, order processing, product support, and other activities associated with the domestic industry products. Pathway also states that it has made significant investments in licensing the ’751 patent to Recordex USA, Inc. (“Recordex”) and QOMO HiteVision, LLC (“QOMO”) in connection with a previous ITC investigation (Inv. No. 337-TA-967) against those respondents.

As to related litigation, Pathway refers to its previous ITC investigation noted above (Inv. No. 337-TA-967) and to litigations against Recordex, QOMO, and Adesso, Inc. in the U.S. District Court for the Southern District of California.

With respect to potential remedy, Pathway request that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at the Proposed Respondents and others acting on their behalf.