82 FR 20919 - Certain Height-Adjustable Desk Platforms and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 85 (May 4, 2017)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 30, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Varidesk LLC of Coppell, Texas. A letter supplementing the complaint was filed on April 21, 2017. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain height- adjustable desk platforms and components thereof by reason of infringement of U.S. Patent No. 9,113,703 (``the '703 patent''); U.S. Patent No. 9,277,809 (``the '809 patent''); and U.S. Patent No. 9,554,644 (``the '644 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20919-20920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09018]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1054]


Certain Height-Adjustable Desk Platforms and Components Thereof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 30, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Varidesk LLC of 
Coppell, Texas. A letter supplementing the complaint was filed on April 
21, 2017. The complaint alleges violations of section 337 based upon 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain height-
adjustable desk platforms and components thereof by reason of 
infringement of U.S. Patent No. 9,113,703 (``the '703 patent''); U.S. 
Patent No. 9,277,809 (``the '809 patent''); and U.S. Patent No. 
9,554,644 (``the '644 patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docket 
Services Division, U.S. International Trade Commission, Katherine 
Hiner, telephone (202) 205-1802.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 28, 2017, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain height-
adjustable desk platforms and components thereof by reason of 
infringement of one or more of claims 1, 2, 4, and 6-11 of the '703 
patent; claims 1-3, 5-18, and 22-27 of the '809 patent; and claims 1-
27, 29, 30, and 33-36 of the '644 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Varidesk LLC, 1221 South Belt Line Road, #500, Coppell, TX 75019

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Lumi Legend Corporation, 22/F., Building 1, Lisi Plaza, Huifeng East 
Road, Ningbo, China 315100
Innovative Office Products LLC, 100 Kuebler Road,, Easton, Pennsylvania 
18040
Ergotech Group LLC, 100 Kuebler Road, Easton, Pennsylvania 18040
Transform Partners LLC (dba Mount-It!), 9520 Black Mountain Rd St D, 
San Diego, CA 92126-4532
Monoprice, Inc., 11701 6th Street, Rancho Cucamonga, CA 91730
Ningbo Loctek Visual Technology Corporation, Science & Technology Zone, 
Jiangshan Town, Yinzhou District, Ningbo, China 315191
Zhejiang Loctek Smart Drive Technology Co., Ltd., Science & Technology 
Zone, Jiangshan Town, Yinzhou District, Ningbo, China 315191
Loctek Inc., 47618 Kato Road, Fremont, CA 94538
Zoxou, Inc., 47618 Kato Road, Fremont, CA 94538

[[Page 20920]]

Flexispot, 4569 Las Positas Rd, Suite A, Livermore, CA 94551

    The Office of Unfair Import Investigations will not participate as 
a party in this investigation; and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: May 1, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-09018 Filed 5-3-17; 8:45 am]
BILLING CODE 7020-02-P