By Eric Schweibenz and Alex Englehart
On December 7, 2018, Extang Corp. and Laurmark Enterprises, Inc. d/b/a BAK Industries (collectively, “Complainants”)—both of Ann Arbor, Michigan—filed a complaint (
part 1 and
part 2) 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 pickup truck folding bed cover systems and components thereof that infringe one or more claims of U.S. Patent Nos. D620,877 (the ’877 patent), 7,188,888 (the ’888 patent), 7,484,788 (the ’788 patent), 8,061,758 (the ’758 patent), 8,182,021 (the ’021 patent), and 8,690,224 (the ’224 patent) (collectively, the “asserted patents”), as well as U.S. Trademark Nos. 5,104,393 (the ’393 trademark) and 3,904,016 (the ’016 trademark) (collectively, the “asserted trademarks”):
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