By Eric Schweibenz
On February 10, 2009, Humanscale Corporation filed a complaint requesting that the U.S. International Trade Commission commence an investigation pursuant to Section 337 of the Tariff Act of 1930, as amended.

The complaint alleges violations of Section 337 in the importation into the U.S. and/or the sale within the U.S. after importation of certain adjustable keyboard support systems and components thereof. Specifically, the complaint alleges that the “products at the heart of the proposed investigation are keyboard support systems, particularly, ergonomic computer keyboard support systems that are adjustable for minimizing an individual worker’s fatigue and improving efficiency.”

Humanscale Corporation has identified the following as proposed respondents:

  • CompX International, Inc. of Dallas, Texas; and

  • CompX Waterloo of Canada.

In its complaint, Humanscale Corporation alleges that the proposed respondents infringe U.S. Patent No. 5,292,097 C1, as re-examined.

Apparently, the dispute between parties started over a decade ago. According to the complaint, Humanscale (then known as Softview Computer Products) brought suit against Waterloo Furniture Components (now owned by CompX) in 1998 in the Southern District of New York for infringement of this patent. The suit was dismissed so that Humanscale could pursue reexamination.

Humanscale identifies two CompX products in the complaint - the “Ovation Arm” and the “Momentum Arm.”