By Eric Schweibenz
On August 6, 2010, Duggal Dimensions LLC (“Duggal Dimensions”), Duggal Energy Solutions, LLC (“Duggal Energy”), and Duggal Visual Solutions, Inc., all of New York, New York (collectively, “Duggal”) filed a complaint requesting the ITC to commence an investigation pursuant to Section 337.

The complaint alleges that Gus Power Incorporated of Mississauga, Ontario, Efton Science Inc. of Toronto Ontario, King Luminaire, Inc. of Jefferson, Ohio, and The StressCrete Group of Burlington, Ontario (collectively, the “Respondents”) have sold for importation, imported, and/or sold within the U.S. after importation certain wind and solar-powered light posts that infringe the ornamental design of U.S. Patent No. D610,732 S (the “‘732 Patent”).

Duggal’s complaint asserts that Respondents act in concert and infringe the ‘732 Patent by manufacturing in Canada, importing and/or selling or offering for sale after importation into the United States wind and solar powered light posts “virtually identical” to Duggal’s light posts which are covered by the ‘732 Patent.

With respect to the economic prong of the domestic industry requirement, Duggal Dimensions, the assignee of the ‘732 Patent, states it has licensed its affiliate Duggal Energy to practice the ‘732 Patent, and that Duggal Dimensions is actively engaged in discussing licensing with other potential licensees, and it has made substantial investment in attempting to license the ‘732 Patent.  Duggal further identifies that it invested more than $800,000 in production materials, supplies, research and development, and manufacturing devoted to exploiting the ‘732 patent, and that all design and manufacturing activities take place in the state of New York.  Duggal also states that it made substantial investment in registering the U.S. trademark “LUMI• SOLAIR” under which it markets the ornamental design shown in the ‘732 Patent.  Regarding the technical prong of the domestic industry requirement, Duggal asserts that they practice the ‘732 Patent by designing, engineering, arranging for manufacturing, and offering for sale wind and solar-powered light posts under the registered trademark “LUMI• SOLAIR.”

With respect to potential remedy, Duggal requests the ITC to issue an exclusion order and permanent cease-and-desist orders directed to the Respondents.