UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN HEIGHT-ADJUSTABLE
`DESK PLATFORMS AND
`COMPONENTS THEREOF
`
`Investigation No. 337-TA-1125
`
`GENERAL EXCLUSION ORDER
`
`The Commission has determined that there is a violation of section 337 of the Tariff
`
`Act of 1930, as amended, 19 U.S.C. § 1337, in the unlawful importation, sale for importation,
`
`or sale within the United States after importation of certain height-adjustable desk platforms and
`
`components thereof that infringe one or more of claims 1-2, 4, and 10-11 of U.S. Patent No.
`
`9,113,703 ("the '703 patent"); claims 11, 16, 18, and 22-26 of U.S. Patent No. 9,277,809
`
`("the '809 patent"); claims 1, 4-5, 11-12, 26, and 33-36 of U.S. Patent No. 9,554,644 ("the '644
`
`patent"); and claims 20-21 and 40-50 of U.S. Patent No. 9,924,793 ("the '793 patent").
`
`Having reviewed the record in this investigation, including the written submissions
`
`of the parties, the Commission has made its determination on the issues of remedy, the
`
`public interest, and bonding. The Commission has determined that a general exclusion from
`
`entry for consumption is necessary to prevent circumvention of an exclusion order limited to
`
`products of named persons because there is a pattern of violation of section 337 and it is
`
`difficult to identify the source of infringing products. Accordingly, the Commission has
`
`determined to issue a general exclusion order prohibiting the unlicensed importation of
`
`infringing platforms that sit on an existing desk or work surface and can be adjusted to
`
`different heights.
`
`1
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN HEIGHT-ADJUSTABLE
`DESK PLATFORMS AND
`COMPONENTS THEREOF
`
`Investigation No. 337-TA-1125
`
`GENERAL EXCLUSION ORDER
`
`The Commission has determined that there is a violation of section 337 of the Tariff
`
`Act of 1930, as amended, 19 U.S.C. § 1337, in the unlawful importation, sale for importation,
`
`or sale within the United States after importation of certain height-adjustable desk platforms and
`
`components thereof that infringe one or more of claims 1-2, 4, and 10-11 of U.S. Patent No.
`
`9,113,703 ("the '703 patent"); claims 11, 16, 18, and 22-26 of U.S. Patent No. 9,277,809
`
`("the '809 patent"); claims 1, 4-5, 11-12, 26, and 33-36 of U.S. Patent No. 9,554,644 ("the '644
`
`patent"); and claims 20-21 and 40-50 of U.S. Patent No. 9,924,793 ("the '793 patent").
`
`Having reviewed the record in this investigation, including the written submissions
`
`of the parties, the Commission has made its determination on the issues of remedy, the
`
`public interest, and bonding. The Commission has determined that a general exclusion from
`
`entry for consumption is necessary to prevent circumvention of an exclusion order limited to
`
`products of named persons because there is a pattern of violation of section 337 and it is
`
`difficult to identify the source of infringing products. Accordingly, the Commission has
`
`determined to issue a general exclusion order prohibiting the unlicensed importation of
`
`infringing platforms that sit on an existing desk or work surface and can be adjusted to
`
`different heights.
`
`1
`
`
`
`The Commission has also determined that the public interest factors enumerated in
`
`19 U.S.C. § 1337(d) do not preclude issuance of the general exclusion order, and that the
`
`bond during the Presidential review period shall be in the amount of one hundred (100) percent
`
`of the entered value of the articles in question.
`
`Accordingly, the Commission hereby ORDERS that:
`
`I.
`
`Platforms that sit on an existing desk or work surface and can be adjusted to
`
`different heights that infringe one or more of claims 1-2, 4, and 10-11 of the '703
`
`patent; claims 11, 16, 18, and 22-26 of the '809 patent; claims 1, 4-5, 11-12, 26,
`
`and 33-36 of the '644 patent; and claims 20-21 and 40-50 of the '793 patent
`
`("covered articles") are excluded from entry into the United States for
`
`consumption, entry for consumption from a foreign-trade zone, or withdrawal
`
`from a warehouse for consumption, for the remaining terms of the patents, except
`
`under license of the patent owner or as provided by law.
`
`2.
`
`Notwithstanding paragraph 1 of this Order, covered articles are entitled to entry
`
`into the United States for consumption, entry for consumption from a foreign-
`
`trade zone, or withdrawal from a warehouse for consumption, under a bond in
`
`the amount of one hundred (100) percent of entered value of the products
`
`pursuant to subsection (j) of section 337 (19 U.S.C. § 1337(j)), and the
`
`Presidential Memorandum for the United States Trade Representative of July 21,
`
`2005 (70 Fed Reg. 43251), from the day after this Order is received by the
`
`United States Trade Representative and until such time as the United States
`
`Trade Representative notifies the Commission that this Order is approved or
`
`disapproved but, in any event, not later than sixty (60) days after the date of
`
`2
`
`
`
`receipt of this Order. All entries of covered articles made pursuant to this
`
`paragraph are to be reported to U.S. Customs and Border Protection ("CBP"), in
`
`advance of the date of the entry, pursuant to procedures CBP establishes.
`
`3.
`
`At the discretion of CBP and pursuant to procedures it establishes, persons
`
`seeking to import covered articles that are potentially subject to this Order may
`
`be required to certify that they are familiar with the terms of this Order, that
`
`they have made appropriate inquiry, and thereupon state that, to the best of their
`
`knowledge and belief, the products being imported are not excluded from entry
`
`under paragraph 1 of this Order. At its discretion, CBP may require persons who
`
`have provided the certification described in this paragraph to furnish such
`
`records or analyses as are necessary to substantiate the certification.
`
`4.
`
`In accordance with 19 U.S.C. § 1337(1), the provisions of this Order shall not
`
`apply to covered articles that are imported by and for the use of the United
`
`States, or imported for, and to be used for, the United States with the
`
`authorization or consent of the Government.
`
`5.
`
`The Commission may modify this Order in accordance with the procedures
`
`described in section 210.76 of the Commission's Rules of Practice and
`
`Procedure (19 C.F.R. § 210.76).
`
`6.
`
`The Commission Secretary shall serve copies of this Order upon each party of
`
`record in this investigation and upon CBP.
`
`7.
`
`Notice of this Order shall be published in the Federal Register.
`
`3
`
`
`
`By order of the Commission.
`
`Issued: January 22, 2020
`
`Ooot)
`
`Lisa R. Barton
`Secretary to the Commission
`
`
`
`CERTAIN HEIGHT-ADJUSTED DESK PLATFORMS AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1125
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached Order, Commission has been served
`by hand upon the Commission Investigative Attorney, Andrew Beverina, Esq., and the
`following parties as indicated, on January 22, 2020.
`
`'1960.5:
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Varidesk LLC:
`
`Adam R. Hess, Esq.
`SQUIRE PATTON BOGGS
`2550 M Street, NW
`Washington D.C. 20037
`
`Respondents:
`
`Albeit LLC
`1351 Broadway St.
`San Francisco, CA 94109
`
`ATC Supply LLC
`12604 Canterbury Dr.
`Plainfield, IL 60585-3000
`
`Shenzhen Atc Network Scienology Co., Ltd.
`Room 1902, Zian Business Building,
`The Xinan Second Road, Baoan District
`Shenzhen, Guangdong 518000 China
`
`Amazon Import Inc.
`9910 Baldwin Place
`El Monte, CA 91731
`
`CI Via Hand Delivery
`0 Via Express Delivery
`1:1 Via First Class Mail
`CI Other:
`
`El Via Hand Delivery
`El Via Express Delivery
`CI Via First Class Mail
`CI Other:
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`0 Via Hand Delivery
`M Via Express Delivery
`El Via First Class Mail
`CI Other:
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`CI Via Hand Delivery
`El Via Express Delivery
`CI Via First Class Mail
`CI Other:
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`CI Via Hand Delivery
`El Via Express Delivery
`CI Via First Class Mail
`CI Other:
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`
`
`CERTAIN HEIGHT-ADJUSTED DESK PLATFORMS AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1125
`
`Certificate of Service — Page 2
`
`Ningbo GYL International Trading Co., Ltd.
`Mingbin Road 228
`Luoto Area
`Zhenhai 315202, Ningbo, Zhejian, China
`
`JV Products Inc.
`1825 Houret Ct.
`Milpitas, CA 95035
`
`Vanson Distributing, Inc.
`1825 Houret Ct.
`Milpitas, CA 95035
`
`Vanson Group, Inc.
`1825 Houret Ct.
`Milpitas, CA 95035
`
`Haining Orizeal Import and Export Co., Ltd.
`4th Floor, Building B, Jinhui Plaza
`No.486, South Hai Chang Road
`Haining 314400, China
`
`Smugdesk, LLC
`14839 Proctor Avenue, Suite D
`La Puente, CA 91746
`
`Wuhu Xingdian Industrial Co., Ltd.
`No. 168 Xici 5th Rd.
`Mechanical Industrial Zone
`Wuhu, Anhui, China
`
`5
`
`CI Via Hand Delivery
`El Via Express Delivery
`0 Via First Class Mail
`I=1 Other:
`
`O Via Hand Delivery
`El Via Express Delivery
`0 Via First Class Mail
`0 Other:
`
`O Via Hand Delivery
`IZ Via Express Delivery
`0 Via First Class Mail
`0 Other:
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`0 Via Hand Delivery
`CE Via Express Delivery
`0 Via First Class Mail
`0 Other:
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`CI Via Hand Delivery
`El Via Express Delivery
`O Via First Class Mail
`0 Other:
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`0 Via Hand Delivery
`IZ Via Express Delivery
`O Via First Class Mail
`0 Other:
`
`CI Via Hand Delivery
`IZ Via Express Delivery
`0 Via First Class Mail
`CI Other:
`
`
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