UNITED STATES INTERNATIONAL TRADE COMMISSION ‘
`
`Washington, -D.C.
`
`In the Matter ‘of
`
`CERTAIN HEIGHT-ADJUSTABLE
`DESK PLATFORMS AND
`
`COMPONENTS THEREOF
`
`
`
`Inv. No. 337-TA-1125
`
`ORDER NO. 13:
`
`INITIAL DETERMINATION TERMINATING RESPONDENT
`
`, LAMOUNTAIN BASED ON ENTRY OF CONSENT ORDER
`
`(September 24, 2018) '
`
`Complainant Varidesk LLC (“Complainant” or “Varidesk”) and Respondent LaMountain
`
`International Group LLC (“LaMountain”) filed a joint—motion seeking to terminate this
`investigation as to LaMountain based upon a consent order stipulation and propOSed consent
`
`order. Motion Docket No. 1125-015. The Commission Investigative Staff (“Staff’) filed a
`
`response supporting the motion. No other party filed a response.
`
`Commission Rule 210.21(c) providesi “A motion for termination by consent order shall
`
`‘ contain copies of any licensing or other Settlement agreement, any supplemental agreements, and
`
`a statement that there are no other agreements, written or oral, express or implied between the _
`
`parties concerning the subject’matter of the investigation.” 19 C.F.R. § 210.21(c). The pending
`motion includes as exhibits a Stipulation and Proposed Consent Order by LaMountain
`
`International Group LLC (Exhibit A) and alproposed Consent Order (Exhibit B). Further,
`movants state: “There are no other agreements, written or oral, express or implied, between '
`
`these parties concerning the subject matter of the Investigation.” Mot. at l. The pending motion
`
`therefore satisfies the requirements of Commission Rule 210.21(c).
`
`’
`
`
`
`Washington, -D.C.
`
`In the Matter ‘of
`
`CERTAIN HEIGHT-ADJUSTABLE
`DESK PLATFORMS AND
`
`COMPONENTS THEREOF
`
`
`
`Inv. No. 337-TA-1125
`
`ORDER NO. 13:
`
`INITIAL DETERMINATION TERMINATING RESPONDENT
`
`, LAMOUNTAIN BASED ON ENTRY OF CONSENT ORDER
`
`(September 24, 2018) '
`
`Complainant Varidesk LLC (“Complainant” or “Varidesk”) and Respondent LaMountain
`
`International Group LLC (“LaMountain”) filed a joint—motion seeking to terminate this
`investigation as to LaMountain based upon a consent order stipulation and propOSed consent
`
`order. Motion Docket No. 1125-015. The Commission Investigative Staff (“Staff’) filed a
`
`response supporting the motion. No other party filed a response.
`
`Commission Rule 210.21(c) providesi “A motion for termination by consent order shall
`
`‘ contain copies of any licensing or other Settlement agreement, any supplemental agreements, and
`
`a statement that there are no other agreements, written or oral, express or implied between the _
`
`parties concerning the subject’matter of the investigation.” 19 C.F.R. § 210.21(c). The pending
`motion includes as exhibits a Stipulation and Proposed Consent Order by LaMountain
`
`International Group LLC (Exhibit A) and alproposed Consent Order (Exhibit B). Further,
`movants state: “There are no other agreements, written or oral, express or implied, between '
`
`these parties concerning the subject matter of the Investigation.” Mot. at l. The pending motion
`
`therefore satisfies the requirements of Commission Rule 210.21(c).
`
`’
`
`
`
`Commission Rule 210.21(c)(3) sets forth the requirements for a consent order ‘
`stipulation. 19 CPR. § 210.21(c)(3). The consent order stipulation (Exhibit A) conforms in
`' large part to Commission Rule 210.21(c)(3). Specifically, the consent order stipulation complies
`with the requirements of Commission Rules 210.21(c)(3)(i)(A)-(G) and 210.21(c)(3)(ii)(B). The
`consent orderstipulation substantially complies with Commission Rule 210.21(c)(3)(ii)(A), but
`
`does not strictly conform with the new rule, which became effective on June 8, 2019. The new
`
`rule requires “[a] statement that if any asserted patent claim, .
`
`.
`
`. has expired or is held invalid or
`
`.
`
`unenforceable by a court or agency of competentIjurisdiction or if any article has been found or
`
`adjudicated not to infringe the asserted right'in a, final decision, no longer Subject to appeal, this
`
`Consent Order shall become null and void as to such expired, invalid, or unenforceable claim or
`as to any adjudicated article.” Id. (emphasis added). The consent order stipulation does not.
`
`1 contain the underlined language. See Mot. Ex. A 11 H. The underlined language'is, however,
`
`present in the proposed consent order. Mot. Ex. B 11 10.
`
`Commissioanule 210.21(c)(4) sets forth the requirements for a consent order. 19 CPR.
`§ 210.21(c)(4). The proposed consent order (Exhibit B) conforms in large part to Commission
`Rule 210.21(c)(4j. Specifically, the proposed consent order complies with the requirements of
`
`,
`
`Commission Rules 210.21 (c)(4)(i)-(ii), 210.21 (c)(4)(iv)—(xiii), and 210.21(c)(4)(x)—(xii). The
`
`”proposed consent order substantially complies with Commission Rule 210.21(c)(4)(iii), which
`
`requires "‘[a] statement that the respondent shall not sell for importation, import, or sell after
`
`importation the subject articles, directly or indirectly, and shall not aid, abet, encourage,
`
`participate in, or induce the sale for importation, the importation, or the sale after importation
`
`except under consent, license from the complainant, or to the extent permitted by the settlement
`
`
`
`agreement between complainant and respondent.” Paragraph 3 of the Proposed Consent Order
`
`recites:
`
`LaMountain shall not sell for importation, import, or sell after importation
`any height-adjustable desk platforms that infringe any Asserted Claims,
`directly or indirectly, and shall not aid, abet, encourage, participate in, or
`induce the sale for importation, the importation, or the sale after importation
`any height-adjustable desk platforms that infringe any Asserted Claims;
`except under consent or license from Varidesk or its successors or assigns.
`
`Mot. Ex. B 1] 3. The proposed consent order also substantially complies with Commission Rule-
`
`. eXpires the Consent
`.
`210.21(c)(4)(ix), which requires “[a] statement that whenthe patent .
`Order shall become null and void as to such.” See Mot. Exf B 119 (“When each of the Asserted
`
`Claims expires, this Consent Order shall become null and void as to‘ each such claim.”).
`‘ Commission Rule 210.50(b)(2) provides that, in the case of a proposed termination by
`
`settlement agreement, consent order, or arbitration agreement, the parties may file statements ,
`
`regarding the impact of the proposed termination on the public interest, and the administrative
`
`law judge may hear argument, although no discovery may be compelled, with respect to issues
`relating solely to the public interest. 19 C.F.R. § 210.50(b)(2). The administrative lawjudge is
`directed to consider and make appropriate findings “regarding the effect ofthe proposed
`
`settlement on the public health and welfare, competitive conditions in the U.S. economy, the
`
`production of like or directly competitive articles in the United States, and U.S. consumers.” See
`
`id.
`
`The movantsstate: “Complaint and Respondent LaMountain submit that termination of
`
`this Investigation as to Respondent LaMountain will not adversely affect the public interest
`
`because it will not affect public health and welfare, competitive conditions of the U.S. economy,
`
`
`
`the productiOn of like or directly competitive articles in the United States or US. consumers.”
`
`Mot. at 2.
`
`The Staff argues:
`
`‘ [T]he Staff is not aware of any information that would-indicate the Consent
`Order Stipulation or‘P'rOposed Consent Order will harm the public health
`and welfare, competitive conditions in the US. economy, the production of _
`like or directly competitive articles in the United States, or US. consumers.
`See 19 C.F.R. § 210.50(b) (listing public interest factors). Moreover, “the
`public interest generally favors settlements in order to avoid needless
`litigation and to conserve public resources.”
`
`The Staff believes that terminating this investigation as to LaMountain
`based on the ConsentOrder Stipulation and Proposed Consent Order would
`not be contrary to the public interest.
`
`Staff Resp. at 8-9 (citation omitted).
`
`»
`
`- Having considered the arguments submitted by the parties, the undersigned finds no
`
`public interest concerns militating against termination of the investigation as to LaMountain.
`There is nothing to suggest that‘the proposed consent order would impose an undue burden on ‘
`the public health and welfare, competitive conditions in the US. economy, the production of
`
`similar or directly competitive ”articles in the United States, or US. consumers. See 19 U.-S.C.
`§ 1337(d). The undersigned therefore finds that termination ofthe investigation as to
`
`LaMountain is in the public interest, which favors settlement to avoid needless litigation and to
`
`conserve public resources. See Certain Data Storage Systems and Components Thereof, Inv. No.
`
`337-TA—471, Order No. 51, at 4 (March. 11, 2003).
`_
`- Accordingly, his the initial determination ofthe undersigned that Motion No. 1125-015
`
`is granted. This investigation is hereby terminated as to respondent LaMountain International
`
`
`
`‘ Group LLC. This initial determination, along with supporting documentation, is hereby‘ certified
`to the Commission.
`I
`
`' Pursuant‘to 19-C.F.R.§ 210.42(h), thi‘s'in'itial determination shall become the
`determination ofthe CommiSsion unless a party files a petition for review ofthe initial
`determination pursuant to '19 C.F.R. § 210.43(a),' or the Commission, pursuant to 19 C.F.R.
`
`.
`
`§ 210.44, orders on its own motion a review of the initial determination or certain issues herein.
`
`so ORDERED.
`
`Charles E. Bullock
`
`Chief Administrative Law Judge
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC
`Honorable Thomas B. Pender
`
`Administrative Law Judge
`
`In the Matter of
`
`
`
`
`
`CERTAIN HEIGHT-ADJUSTABLE DESK
`PLATFORMS AND COMPONENTS
`' THEREOF
`
`Investigation No. 337-TA-1 125
`
`'JOINT MOTION TO TERMINATE THE INVESTIGATION AS TO RESPONDENT
`LAMOUNTAIN INTERNATIONAL GROUP LLC BASED ON ENTRY OF CONSENT '
`ORDER
`
`Pursuant. to 19 C.F.R. § 210.21(c), Complainant Varidesk LLC (“Complainant”) and
`Respondent LaMountain Intemational Group LLC (“LaMountain”) jointly move for
`the
`
`termination of this Investigation as to Respondent LaMountain. This motion for termination of the
`
`Investigation is based upon the entry of an executed consent order stipulation by Respondent
`
`LaMountain (attached as Exhibit A), and proposed consent order (attached as [Exhibit B). There
`are no other agreements, written or oral, express or implied, between these parties concerning the
`
`subject matter ofthe Investigation. The parties have assumed their own costs and fees with respect
`
`_ to the Investigation, including as to termination. As set forth below, good cause exists to grant this
`
`motion and no party will be prejudiced by the relief sought by this motion.
`
`1.
`
`GROUND RULE 5.1.2 CERTIFICATION
`
`Pursuant to Ground Rule 5.1.2, Complainant notified the other remaining Respondents on
`
`Friday, August 31, 2018 of this motion, and they do not Oppose the motion or'have not responded
`
`to Complainant’s notification.
`
`
`
`II;
`
`MOTION
`
`Commission Rule 210.21(0) provides,
`in relevant part: “[a]n investigation before the
`Commission may be terminated pursuant to section 337(0) ofthe Tariff Act of 1930 on the basis
`
`' of a consent order.” Complainant and Respondent LaMountain request entry of the proposed
`
`consent order based on the consent order stipulation. The consent order stipulation contains all the
`
`admissions, waivers, and other statements required by Commission Rule 210.21(c)(3). Entry of
`
`the proposed consent order is in the public interest, which favors the private resolution of disputes
`
`to avoid needless litigation and to conserVe resources. See, e. g., Certain Electronic Paper Towel
`
`Dispensing Devices and Components Thereof: Inv. No. 337-TA-718, 'Order No. 25, Initial
`
`Determination at 4 (Dec. 1, 2010). There are no other agreements, written or oral, express or
`
`implied, between these parties concerning the subject matter of the Investigation. Pursuant to
`
`Commission Rule 210.50(b)(2), Complainant and Respondent LaMountain submit
`that
`termination ofthis Investigation as to Respondent LaMountain will not adversely affect the public
`
`interest because it will not affect public health and welfare, competitive conditions of the U.S.
`economy, the- production of like 'or directly competitive articles in the United. States or U.S.
`
`consumers.
`
`For the reasons set forth above, Complainant and Respondent LaMountain respectfully
`
`request that-the Administrative Law Judge issue an initial determination granting this motion,
`
`terminate this Investigation with respect to Respondent LaMountain and enter the proposed
`
`consent order in accordance with 19 CPR. § 210.21(c).
`
`
`
`Dated: September 5, 2018
`
`Respectfully submitted,
`
`/s/ Adam R. Hess
`Adam R. Hess
`Andrew F. Pratt
`
`Martin L. Saad
`
`Tamatane J. Aga
`Emma S. Marshak
`
`Katherine C. Dearing
`VENABLE LLP
`
`600 Massachusetts Avenue, NW
`
`Washington, DC 20001
`Telephone: (202) 344-4547
`Facsimile: (202) 344—8300
`Email: Varidesk—l 125@Venable.com
`
`Alper T. Ertas
`VENABLE LLP
`
`101 California Street, Suite 3800
`San Francisco, CA 94111
`
`(415) 653-3750
`Telephone:
`(415) 653-3755
`Facsimile:
`Email: Varidesk—l125@Venable.com
`
`Counselfor Complainant Varidesk LLC
`
`/s/ Jonathan D. Ball
`Jonathan D. Ball
`
`.
`
`GREENBERG TRAURIG, LLP
`
`MetLife Building
`200 Park Avenue
`
`New York, NY 10166
`
`Telephone: (212) 801-2223
`Facsimile: (212) 805-9303
`Email: ballj@gtlaw.com
`
`Nicholas A. Brown
`
`GREENBERG TRAURIG, LLP
`4 Embarcadero Center
`Suite 3000
`
`.
`
`San Francisco, CA 94111
`Telephone: (415) 655-1271
`Facsimile: (415) 520-5609
`Email: brownn@gtlaw.com
`
`Counselfor Respondent LaMountain
`‘ International Group LLC
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing document was served on the following parties in the
`manner indicated below, this 5th day of September, 2018:
`
`The Honorable Lisa Barton, Secretary
`US. International TradeCommission
`500 E Street, SW, Room 112
`
`Washington, DC. 20436
`
`VIA ELECTRONIC FILING (EDIS)
`
`The Honorable Thomas Bernard Pender
`
`Administrative Law Judge
`US. International Trade Commission
`500 E Street, SW, Room 317
`
`Washington, DC. 20436
`
`500 E Street, SW, Suite 401
`
`
`
`
`
`
`
`
`
`Via Hand Delivery
`
`1:! Via First Class Mail
`
`
`Via Electronic Mail
`
`
`
`
`
`Via Hand Delivery
`Andrew Beverina, Esq. -
`Office of Unfair Import Investigations
`
`El Via First Class Mail
`US. International Trade Commission
`
`
`Via Electronic Mail
`
`Washington, DC. 20436
`
`AndrewBeve-rina@usitc. ov
`
`
`
`
`
`
`
`
`Ezra Sutton
`Via Hand Delivery
`
`EZRA SUTTON, RA.
`
`
`[3 ViaFirst Class Mail
`900 Route 9 North, Suite 201
`
`
`
`Via Electronic Mail
`Woodbridge, NJ 07095
`
`esuttonfiiiezrasut‘ton.com
`
`
`Counsel or Resondent Dakota Tradin '.1
`
`
`
`S. Benjamin Pleune
`ALSTON & BIRD LLP
`
`950 F Street NW
`
`
`
`
`Via Hand Delivery
`
`El Via First Class Mail
`
`Via Electronic Mail
`
`
`
`Washington, DC 20004
`Telephone: (202) 239-3622
`Facsimile: (202) 654-4842
`
`Desi na—lTC@aiston.com
`
`Wu
`essen—ITCKCMlstoncom
`DESIGNA-lTC—l l25@meimark.com
`
`
`
`Counselfor Respondents Eureka LLC; Designa
`
`Inc.; Designa Group Inc. ; and Wuppessen, Inc.
`
`
`
`
`Benjamin T. Horton
`MARSHALL, GERSTEIN & BORUN LLP ‘
`6300 Willis Tower, 233 S. Wacker Drive
`
`Via Hand Delivery
`
`Via First Class Mail
`
`Chicago, IL 60606
`MGB-iTC-l l25—Lorelliaimarshallipcom
`
`iVia Electronic Mail
`
`Counselfor Respondents Huizhou Chang He Home
`Supplies Co., Ltd; SP. RichardsCo. dba Lorell;
`and CKna , Sales, Inc. dba Vivo
`
`Frank M. Scut'ch, III
`SCUTCH LAW, PLC
`146 Monroe Center
`Suite 604
`
`Grand Rapids, MI 49546
`fiSCUtCl1®SCUtChlflWZCOfl1
`
`Counselfor Respondents Jiangsu Omni Industrial
`Co. Ltd. and OmniMax USA, LLC
`Maureen F. Browne
`‘
`COVINGTON & BURLING LLP
`
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`Covin Yton—KV-l ‘125@cov.com
`
`' Counselfor Respondent Knape & Vogt
`Manu acturin;
`Mark G. Davis
`GOODWIN PROCTER LLP
`
`901 New York Avenue, NW
`
`Washington, DC 20001
`DO—VisionMountsGoodwianCfaTi oodwinlawcom
`
`Counselfor Respondents Qidong Vision Mounts
`Manufacturing Co, Ltd; Nantong Jon Ergonomic
`Office Co., Ltd; Cknapp Sales Inc. dba Vivo;
`Hangzhou Grandix Electronics Co. Ltd; Best
`Choice Products; and Hangzhou Kexiang
`
`Via Electronic Mail
`
`Via Hand Delivery
`
`Via First Class Mail
`
`Via Electronic Mail
`
`Via Hand Delivery
`
`Via First Class Mail
`
`Via Electronic Mail
`
`Via Hand Delivery
`Via First Class Mail I
`
`
`
`Rett Snotherly r
`Benjamin Levi
`LEVI & SNOTHERLY, PLLC
`1101 Connecticut AVenue, N.W., Suite 450
`Washington, DC 20036
`
`'
`
`V
`
`'
`
`.1
`
`,
`
`Via Hand Delivery
`.
`.
`.
`Vla Fm Class Mall
`Via Electronic Mail
`
`.
`
`Lorell
`‘
`Daniel E. Yonan '
`'
`SEEIEEE, KESSLER, GOLDSTETN & FOX
`1100 New' York Avenue, NW.
`Washington, DC 20005
`vmorrtto-rrc@sk scorn
`
`Counsel or Resondent Venditio Grout, LLC
`
`Brian R. Galvin
`GALVIN PATENT LAW LLC
`4102 Anderson Hill Rd. NW
`Silverdale, WA 98383
`Versal’I‘Ci’tfi alvin atentlawcom
`
`Counsel or Resmndent Versa Products, Inc.
`
`Joseph R. Lanser
`SEYFARTH SHAW LLP
`233 South Wacker Drive
`Chicago, IL 60606
`S-ITC1125 case It‘arthcom
`
`Counsel or Resmndent Victor Technolo 3
`Albeit LLC
`, 1351 Broadway St.
`San Francisco, CA 94109
`
`ATC Supply LLC
`12604 Canterbury Dr.
`Plainfield, IL. 60585-3000
`
`'
`
`' Lorell-i l2Sitfilevisnotherlvcom Counselfor Respondent SP. Richards Co. dba
`
`V
`
`i
`
`.
`Via Hand Delivery
`Via First Class Mail
`Via Electronic Mail
`
`Via Hand Delivery
`.
`.
`.
`V13 F11“ Class Ma“
`Via Electronic Mail
`
`Via Hand Delivery
`.
`.
`.
`Vla FlrSt Class Mall
`Via Electronic Mail
`
`- Via Hand Delivery
`.
`.
`.
`“3 F‘rst Class Mall
`Via Electronic Mail
`
`Via Hand Delivery
`.
`.
`.
`V” F” Class Mall
`Via Electronic Mail
`
`
`
`Baoan District
`Shenzhen
`
`518000 Guangdong
`China
`
`Via Hand Delivery
`
`Via First Class Mail
`
`Via Electronic Mail
`
`Shenzhen Atc Network Scienology Co., Ltd.
`Room 1902, Zian Business Building
`The Xinan Second Road
`'
`
`
`
`
`
`
`
`
`Via Hand Delivery
`Amazon Import Inc.
`. 9910 Baldwin Place
`
`Via First Class Mail
`.
`
`El Monte, CA 9173
`
`1:] Via Electronic Mail
`
`
`
`
`Ningbo GYL International Trading Co., Ltd.
`
`Via Hand Delivery
`
`
`
`
`
`Ningbo
`315202 Zhejiang
`China
`
`JV Products Inc.
`1825 Houret Ct.
`
`
`
`
`
`Vanson Distributing, Inc.
`1825 Houret Ct.
`
`Milpitas, CA 95035
`
`Via Electronic Mail
`
`'" Via Hand Delivery
`
`Via First Class Mail
`
`
`
`iiitlrglilznzigiai
`Via First Class Mail
`
`
`
`
`Milpitas, CA 95035
`
`
`Via Electronic Mail
`
`
` Via Hand Delivery
`
`Via First Class Mail
`
`
`Via Electronic Mail
`
`
`
`
`
`Via Hand Delivery
`Vanson Group, Inc.
`1825 Houret Ct.
`
`
`.Via Electronic Mail
`
`
`
`
`‘ Haining Orizeal Import and Export Co., Ltd.
`Via Hand Delivery,
`4th Floor, Building B, Jinhui Plaza
`No. 486 South Hai Chang Road
`Haining
`
`314400 Zhejiang.
`
`”-
`China
`
`
`
`Milpitas, CA 95035
`
`Via First Class Mail
`
`Via First Class Mail
`_
`
`
`Via Electronic Mail
`
`
`
`
`
`Hangzhou KeXiang Keji Youxiangongsi
`1174 Binhe Lu
`
`
`
`
`
`
`
` K
`Via First Class Mail
`Changhe Jiedao, Binjiang Qu
`
`
`Via Electronic Mail _
`310052 Hangzhou
`
`
`China
`
`
`
`
`Via Hand Delivery
`Smugdesk, LLC
`
`8601 W. Cross Dr., F5 #189
`
`
`
`Via First Class Mail
`Littleton, CO 80123
`
`
`Via Electronic Mail
`
` Wuhu Xingdian Industrial Co., Ltd.
`
`Via Hand Delivery
`No. 168 Xici 5th Rd.
`’
`.
`.
`.
`
`V1a F1rst Class Mall
`Mechanical Industrial Zone
`Wuhu
`Via Electronic Mail
`241100 Anhui
`
`China
`
`
`
`
`Via Hand Delivery
`
`/S/Armands Chagyon
`Paralegal
`
`-
`
`
`
`EXHIBIT A -
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, D.C. 20436
`
`Before The Honorable Thomas B. Pender
`
`Administrative Law Judge '
`
`Investigation No. 337-TA-1 125
`
`In the Matter of
`
`CERTAIN HEIGHT—ADJUSTABLE DESK
`PLATFORMS AND COMPONENTS
`THEREOF -
`
`vvvvvvvvv
`
`[
`
`STIPULATION AND PROPOSED CONSENT ORDER
`BY LAMOUNTAIN INTERNATIONAL GROUP LLC
`
`The United States International Trade Commission (the “Commission”) instituted the
`
`above—captioned investigation on July 24, 2018, under Section 337 of the Tariff Act of 1930 as
`
`amended (19 U.S.C. § 1337), based upon a Complaint filed by Complainant Varidesk LLC
`
`(“Varidesk”) which alleges unfair acts by LaMountain International Group LLC (“LaMountain”)
`
`in the importation into the United States, the sale for importation into the United States, and the
`
`sale after importation into the United States of certain height adjustable desk platforms and
`
`components thereof (the “Subject Height-Adjustable Desk Platforms”) by reason of infringement
`ofclaims 1-4, 11—15,26, 29, and 33-36 ofUS. Patent No. 9,554,644 (“the ’644 patent”); and claims
`
`1, 2, 4, 7, 9-11, 20—22, 24, 27-33, 37-47, 49, and 50 ofU.S. Patent No. 9,924,793 (“the ’793 patent”)
`
`-
`
`(collectively, the “Asserted Claims”). The complaint further alleges that an industry in the United
`
`~
`
`" States exists as required by subsection (a)(2) of section 33.7.
`
`Pursuant to Commission Rule 210.21(c)(l)(ii) and (c)(3), Respondent LaMountain hereby
`
`stipulates and agrees as follows:
`
`,
`
`
`
`A.
`LaMountain is a limited liability company organized and existing under the laws of
`the State of California, with its principal place of business and headquarters at 2201 Francisco
`Drive, Suite 140 #157, El Dorado Hills, CA 95762. The Commission has in rem jurisdiction ‘over
`the Subject Height-Adjustable Desk Platforms which are the subject of .the Complaint in this
`
`Investigation. The Commission has in personam jurisdiction over LaMountain for purposes of ’
`
`this Stipulation and the proposed Consent Order attached hereto and incorporated herein by
`reference.
`2
`
`B.
`
`The asserted patent claims are claims 1—4, 11-15, 26, 29, and 33-36 of the ’644
`
`patent and claims 1, 2, 4, 7, 9-11, 20—22, 24, 27—33, 37-47, 49, and 50 of the ’793 patent
`
`‘
`
`(collectively, the “Asserted Claims”). LaMountain stipulates and agrees to the entry of the
`
`proposed Consent Order attached hereto, which'requires that (i) LaMountain shall not sell for
`
`importation, import, or sell after importation any height—adjustable desk platforms that infringe the
`Asserted Claims, directly or indirectly, and shall not aid, abet, encourage, participate in, or induce
`
`the sale for importation, the importation, or the sale after importation any height—adjustable desk
`
`platforms that infringe the Asserted Claims; except under consent or license from Varidesk or its
`
`successors or assigns; and further requires that (ii) LaMountain shall export or destroy any existing
`
`U.S. inventories of Subject Height—Adjustable Desk Platforms.
`
`C.
`
`LaMountain expressly waives all rights to seek judicial review or otherwise
`
`challenge or contest the validity of the Consent Order
`
`D.
`
`LaMountain'will cooperate with and will not seek to impede by litigation or other
`
`means the Commission’s efforts to gather information under subpart I of the Commission’s Rules
`
`of Practice and Procedure, 19 C.F.R. Part 210.
`
`
`
`E.
`
`The enforcement, modification, and revocation of the Consent Order will be carried
`
`out pursuant to subpart I ofthe Commission's Rules of Practice and Procedure, 19 CPR. Part 210,
`
`which are hereby incorporated by reference.
`
`F.
`
`The signing of this Stipulation and Consent Order is for settlement purposes only
`
`and does not constitute admission by LaMountain that an unfair act has been committed.
`
`G.
`
`The Consent Order shall have the same force and effect and may be enforced, ’
`
`modified, or revoked in the same manner as is provided in Section 337 of the Tariff Act of 1930
`
`as amended (19 U.S.C. § 1337) and the Commission's Rules of Practice and Procedure, 19 C.F.R.
`
`Part 210, and the Commission may require periodic compliance reports pursuant to subpart I of 19
`
`CPR. Part 210 to be submitted by LaMountain.
`
`H.
`
`The Consent Order shall not apply with respect to any claim of any intellectual
`
`property right that has expired or been found or adjudicated invalid or unenforceable by the
`
`Commission or a court or agency ofcompetent jurisdiction, provided that such finding orjudgment
`
`has become final and nonreviewable.
`
`I.
`
`_
`
`LaMountain and its officers, directors, employees, agents and any entity or
`
`individual acting on its behalf or with its authority, will not seek to challenge the validity or
`
`enforceability of the patents that form the basis for the Complaint against LaMountain, specifically
`the ’644 patent and the ’793 patent, in any administrative or judicial proceeding to enforce the
`Consent Order.
`I
`
`J.
`
`There are no agreements, written or oral, express or'implied, between Complainant
`
`~ and LaMountain concerning the subject matter of this Investigation.
`
`K.
`
`The Consent Order Stipulation and Consent Order are in the public interest.
`
`
`
`SO STIPULATBD;
`
`'
`
`LaMountain International Group LLC
`
`
`
`
`
`A’ YAQ1-N6 [AMOUMM/
`OHM/5K
`-
`Dated: August 29, 2018
`
`“W
`
`
`
`
`
`EXHIBITB _
`
`,
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C. 20436
`
`Before The Honorable Thomas B.*Pender
`‘ Administrative Law Judge
`
`In the Matter of
`
`Investigation No. 337-TA-1125
`
`CERTAIN HEIGHT-ADJUSTABLE DESK
`PLATFORMS AND COMPONENTS
`THEREOF .
`
`l
`
`CONSENT ORDER
`
`The United States International Trade Commission (the “C0mmission”) instituted the
`
`above-captioned investigation on July 24, 2018, under Section 337 of the Tariff Act of 1930 as
`amended (19 U.S.C. § 1337), based upon a Complaint filed by Complainant Varidesk LLC
`
`(“Varidesk”) which alleges unfair acts LaMountain International Group LLC (“LaMountain”) in-
`
`p the importation into the United States, the sale for importation into the United States, and the sale
`
`after importation into the United States of certain height adjustable desk platforms and components
`
`thereof (the “Subject Height-Adjustable Desk Platforms”) by reason of infringement of claims 1-
`
`4, 11—15,26, 29, and 33-36 ofU.S. Patent No. 9,554,644 (“the ’644 patent”); and claims 1, 2, 4, 7,
`9-11, 20—22, 24, 27-33, 37—47, 49, and 50 of US. Patent No. 9,924,793 (“the ’793 patent”)
`
`(collectively, the “Asserted Claims”); The complaint further alleges that an industry in the United
`
`States exists as required by subsection (a)(2) of section 337.
`Pursuant to 19 C.F.R. § 210.21(c)(3), LaMountain has stipulated to the entry of this
`
`Consent Order.
`
`
`
`NOW, THEREFORE, the Commission issues the following Consent Order:
`1.
`LaMountain has admitted that the Commission has in rem jurisdiction over the-
`
`in this.
`Subject Height-Adjustable Desk Platforms which are the subject of the Complaint
`Investigation and that the Commission has inpersonam jurisdiction over LaMountain for purposes
`ofthis Stipulation and Consent Order.
`\
`2.
`This Consent Order shall be applicable to and binding on LaMountain and its
`
`officers, directors, employees, agents, and any entity or. individual acting on its behalf or with its
`
`authority.
`
`3.
`
`LaMountain shall not sell for importation, import, or sell after importation any
`
`height-adjustable desk platforms that infringe any Asserted Claims, directly or indirectly, and shall
`
`not aid, abet, encourage, participate in, or induce the sale for importation, the importation, or the
`
`sale after importation any height—adjustable desk platforms that infringe any Asserted Claims;
`
`except under consent or license from Varidesk or its-successors or assigns.
`
`4.
`
`LaMountain shall export or destroy any existing U:S. inventories of Subj ect Height-
`
`Adjustable Desk Platforms that infringe any Asserted Claims.
`
`5.
`
`LaMountain shall cease and desist from importing and distributing any height-
`
`'
`
`adjustable desk platforms that infringe any Asserted Claims.
`
`6.
`V
`LaMountain shall be precluded from seeking judicial
`challenging or contesting the validity ofthis ConsentOrder. ,
`
`review ,or otherwise
`
`7.
`
`LaMountain'shall cooperate with and shall not seek to impede by litigation or other
`
`means the Commission‘s efforts to gather information under subpart I of the Commission's Rules
`
`of Practice and Procedure, 19 CFRtpart 210.
`
`i
`
`
`
`8,
`
`LaMountain and its officers, directors, employees, agents, and any entity or
`
`individual acting on its behalf or with its authority shall not seek to challenge the validity or
`enforceability of the Asserted Claims in any administrative or judicialproceeding to enforce the
`
`Consent Order.
`
`9.
`
`When each of the Asserted Claims expires, this Consent Order shall become null
`
`and void as to each such claim.
`10.
`If any Asserted Claim is held invalid or unenforceable by a court or agency of
`
`competent jurisdiction in a final decision, no longer subject to appeal, this Consent Order shall
`
`become null and void as to each such claim. Additionally, if any Subject Height—Adjustable Desk
`
`Platform that has been found or adjudicated not to infringe any Asserted Claim by a court or agency
`
`of competent jurisdiction in a final decision, no longer subject to appeal, this Consent Order shall
`
`become null and void as to each such Subject Height—Adjustable Desk Platform.
`
`11.
`
`The
`
`above—captioned investigation is hereby terminated _with
`
`respect
`
`to
`
`LaMountain; provided, however, that enforcement, modification, or revocation of the Consent
`
`Order shall be carried out pursuant to Subpart I of the Commission's Rules of Practice and
`
`Procedure, 19 CPR. Part 210.
`
`Dated:
`
`BY ORDER OF THE COMMISSION
`
`
`
`CERTAIN HEIGHT-ADJUSTABLE DESK PLATFORMS
`AND COMPONENTS THEREOF
`
`‘
`
`'
`
`INV. NO. 337-TA-1125
`
`PUBLIC'CERTIFICATE OF SERVICE
`
`I, Lisa R Barton, hereby certify that the attached INITIAL DETERMINATION Order No.13
`has been served by hand upon the Commission Investigative Attorney, Andrew Beverina, Esq.
`and the following panics as indicated, on SE? 2 ‘11 1mg
`
`Lisa R. Barton, Secretary
`US. International Trade Commission
`
`500 E Street SW, Room 112A
`Washington, DC. 20436
`
`FOR COMPLAINANT VARIDESK LLC
`
`Adam R. Hess, Esq.
`VENABLE LLP
`600 Massachusetts Avenue, NW
`Washington, DC 20001
`
`) Via Hand Delivery
`(
`(X) Express Delivery
`(
`) Via First Class Mail
`(
`) Other:
`
`
`
`
`
`
`
`
`
`FOR RESPONDENT ALBEIT LLC
`
`
`
`
`
`(
`) Via Hand Delivery
`1351 Broadway Street
`(x) Express Delivery
`San Francisco, CA 94109
`
`
`(
`) Via First Class Mail
`
`
`
`
`FOR RESPONDENT ATC SUPPLY, LLC
`
`
`12604 Canterbury Drive
`
`Via Hand Delivery
`
`Express Delivery
`Plainfield, IL 605 85-3000
`
`Via First Class Mail
`
`
`
`
`
`
`
`
`CERTAIN HEIGHT-ADJUSTABLE DESK PLATFORMS
`
`AND COMPONENTS THEREOF
`‘
`
`INV. NO. 337-TA-1125
`
`' FOR RESPONDENT SHENZHEN ATC NETWORK SCIENOLOGY CO., LTD
`
`Room 1902, Zian Business Building
`The Xinan Second Road
`Baoan District
`Shenzhen, 518000 Guangdong
`China
`
`) Via Hand Delivery
`(
`(X ) Express Delivery
`(
`) Via First Class Mail
`(
`) Other:
`
`FOR RESPONDENTS HUIZHOU CHANG HE HOME SUPPLIES'CO” LTD. and SP.
`RICHARDS CO. DBA LORELL
`
`‘
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` FOR RESPONDENTS DESIGNA INC.; DESIGNA GROUP, INC.; EUREKA LLC; and
`WUPPESSEN, INC.
`
`
`
`
`
`
`
`
`S. Benjamin Pleune, Esq.
`(
`) Via Hand Delivery
`
`ALSTON & BIRD LLP
`(\6 Express Delivery
`
`(
`950 F Street NW
`) Via First Class Mail
`
`
`
`
`(
`) Other:
`Washington, DC 20004
`
`
`
`FOR RESPONDENT LaMOUNTAIN INTERNATIONAL GROUP LLC
`
`
`
`
`Benjamin T. Horton, Esq.
`MARSHALL, GERSTEIN & BORUN LLP
`6300 Willis Tower, 233 S. Wacker Drive
`
`Via Hand Delivery
`. Express Delivery
`Via First Class Mail
`
`Chicago, IL 60606
`
`Ezra Sutton, Esq.
`EZRA SUTTON, P.A.
`900 Route 9 North, Suite 201
`Woodbridge, NJ 07095
`
`) Via Hand Delivery
`(
`(’x) Express Delivery
`
`(
`) Via First Class Mail
`
`(
`) Other:
`
`
`
`
`
`
` Jonathan D. Ball, Esq.
`
`
`) Via Hand Delivery
`(Y) Express Delivery
`GREENBERG TRAURIG, LLP
`
`
`Via First Class Mail
`MetLife Building
`
`200 Park Avenue
`
`New York, NY 10166
`
`
`
`CERTAIN HEIGHT-ADJUSTABLE DESK PLATFORMS
`
`AND COMPONENTS THEREOF
`
`.
`INV. NO. 337-TA-1125
`
`FOR RESPONDENT-AMAZON IMPORT INC.
`
`9910 Baldwin Place
`El Monte, CA 91731
`
`'
`
`'
`
`) Via Hand Delivery
`(
`(y) Express Delivery
`(
`) Via First Class Mail
`(
`) Other:
`
`FOR RESPONDENT NINGBVO GYL INTERNATIONAL TRADING CO., LTD.
`
`228 Mingbin Road
`Luoto Area, Zhenhai
`Ningbo, 315202 Zhejiang
`China
`
`Via Hand Delivery
`Express Delivery
`Via First Class Mail
`
`Maureen F. Browne, Esq.
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, NW
`Washington; DC 20001
`
`'
`
`Via Hand Delivery
`Express Delivery
`Via First Class Mail
`
`
`
`1825 Houret Court
`Milpitas, CA 95035
`
`,
`
`Via Hand Delivery
`Express Delivery
`Via First Class Mail
`
`FOR RESPONDENT VANSON DISTRIBUTING, INC.
`
`1825 Houret Court
`Milpitas, CA 95035
`
`) Via Hand Delivery
`3] Express Delivery
`) Via First Class Mail
`) Other:
`
`
`
`CERTAIN HEIGHT-ADJUSTABLE DESK PLATFORMS
`
`AND COMPONENTS THEREOF
`
`INV. NO. 337-TA-1125
`
`FOR RESPONDENT VANSON GROUP, INC.
`
`1825 Houret Court
`Milpitas, CA 95035
`.
`
`-
`
`,
`
`.
`
`) Via Hand Delivery
`(
`(3g Express Delivery
`(
`) Via First Class Mail
`(
`) Other:
`
`FOR RESPONDENTS JIANGSU OMNI INDUSTRIAL CO., LTD. and OMNIMAX
`USA, LLC
`
`Frank M. Scutch, Esq.
`SCUTCH LAW, PLC
`146 Monroe Center, Suite 604
`Grand Rapids, MI 49546
`
`Via Hand Delivery
`Express Delivery
`Via First Class Mail
`'
`
`FOR RESPONDENT HAINING ORIZEAL IMPORT AND EXPORT CO., LTD.
`
`
`
`4th Floor, Building B, Jinhui Plaza
`No. 486 South Hai Chang Road
`Haining, 314400 Zhejiang
`China
`
`'
`
`Via Hand Delivery
`Express Delivery
`) Via First Class Mail
`) Other:
`
`(
`(
`(
`
`FOR RESPONDENTS QIDONG VISION MOUNTS MANUFACTURING CO., LTD.;
`CKNAPP SALES, INC. DBA VIVO; NANTONG JON ERGONOMIC OFFICE CO.,
`LTD.; HANGZHOU GRANDIX ELECTRONICS CO., LTD.; BEST CHOICE
`PRODUCTS; and HANGZHOU KEXIANG KEJI YOUXIANGONGSI
`-
`
`Mark G. Davis, Esq.
`GOODWIN PROCTER LLP
`901 New York Avenue, NW
`Washington, DC 20001
`
`) Via Hand Delivery .
`(
`(NI Express Delivery
`(
`) Via First Class Mail
`(
`) Other:
`
`,
`
`_
`
`FOR RESPONDENT SMUGDESK, LLC
`
`,
`
`14839 Proctor Avenue, Suite D
`La Puente, CA 91746
`
`'
`
`) Via Hand Delivery
`(
`(,0 Express Delivery
`(
`) Via First Class Mail
`(
`) Other:
`
`
`
`CERTAIN HEIGHT-ADJUSTABLE DESK PLATFORMS
`
`AND COMPONENTS THEREOF
`‘
`
`INV. NO. 337-TA-1125
`
`FOR RESPONDENT VERSA PRODUCTS INC.” Z
`
`Brian R. Galvin, Esq. ,
`GALVIN PATENT LAW LLC
`4102 Anderson Hill Rd. NW
`Silverdale, WA 98383
`
`) .Via Hand Delivery
`(
`, (X) Express Delivery
`(
`) Via First Class Mail
`(
`) Other:
`
`FOR RESPONDENT VICTOR TECHNOLOGY, LLC
`
`) Other:
`
`Joseph Lanser, Esq.
`SEYFARTH SHAW LLP
`233 South Wacker Drive
`
`Chicago, IL 60606
`
`Via Hand Delivery I
`)
`(
`( 29’ Express Delivery
`Via First Class Mail
`(
`)
`(
`)
`
`FOR RESPONDENT WUHU XINGDIAN INDUSTRIAL CO., LTD
`
`No. 168 Xici 5th Road
`Mechanical Industrial Zone
`Wuhu, 241100 Anhui
`China
`
`(
`) Via Hand Delivery
`(‘6 Express Delivery
`(
`) Via First Class Mail
`(
`
`
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