Re: Certain Laminated Floor Panels

Transcription

HOWR€Yk
A T T O R N E Y S
I
AT
1299 PENNSYLVANIA
AvE., NW
DC 20004-2402
WASHINGTON,
PHONE202.783.0800
FAX202.383.6610
L A W
I
A LIMITED
LIABILITY PARTNERSHIP
MARGARET
D. MACDONALD
July 1,2005
PARTNER
202.383.6835
macdonaldm@ howrey.com
HAND DELIVER1
Secretary
The Hon. Marilyn Abbott
Secretary
U.S. International Trade Commission
500 E Street, S.W.
Washington, D.C. 20436
Re:
Certain Laminated Floor Panels
Dear Secretary Abbott:
Enclosed for filing on behalf of Unilin Beheer B.V., Flooring Industries Ltd. and Unilin
Flooring N.C. LLC (collectively “Unilin”) are the following documents in support of Unilin’s
request that the Commission commence an investigation pursuant to section 337 of the Tariff Act
of 1930, as amended. Pursuant to the Commission Rules of Practice and Procedure, a request for
confidential treatment of Confidential Exhibits 94-97 and the license agreements accompany the
complaint is concurrently being transmitted with this filing. Accordingly, Unilin submits the
following:
1. an original and twelve (1 2) copies of Unilin’s verified Complaint (Rule
2 10.8(a));
2. an original and six (6) copies of the exhibits to the Complaint with
confidential Exhibits (94-97) segregated from the non-confidential Exhibits
(original and one copy unbound, without tabs (Rules 201.6(c), 21 0.4(f)(3)(i),
and 210.8(a)));
3. thirty (30) additional copies of the Complaint and accompanying exhibits,
both confidential and non-confidential, for service upon each of the proposed
respondents and three (3) additional copies of the verified Complaint and
accompanying non-confidential exhibits for service upon the Embassies of
Canada, Malaysia and the People’s Republic of China (Rules 21 0.4(f)(3)(i)
and 210.1 l(a));
4. a certified copy of U.S. Patent No. 6,006.486 (“the ’486 patent”), U.S. Patent
No. 6,490,836 (“the ‘836 patent”), and U.S. Patent No. 6,874,292 (“the ‘292
patent”) (legible copies of the patents are included in the Complaint as
Exhibits 1-3 (Rule 2 10.12 (a)(9)(i)));
AMSTbRDM
BRCSSELS CHICAGO
DM_US\8206458 vl
HOIISTOh
IRVlNE
LONDON
I Ob AN(,ELES
MENLOPARK
SAh FRANCISCO WMHINGTON,
DC
Julyl, 2005
Page 2
5. a certified copy of the assignment for the ‘486, ‘836 and ‘292 patents (legible
copies of the assignment for the ‘486, ‘836 and ‘292 patents are included in
the Complaint as Exhibit 4 (Rule 210.12(a)(9)(ii)));
6. three (3) copies of the confidential license agreements relating to the ‘486,
‘836 and ‘292 patents (bearing bates nos. FI 004999-FI 006212) (Rule
2 lO.l2(c)( 1));
7. certified copies and three (3) additional copies of the prosecution histories for
the ‘486 (bearing bates nos. FI 006821-FI 007838), ‘836 (bearing bates Nos.
FI 007839-FI 010656) and ‘292 patents (bearing bates nos.FI 0062143-FI
006820) (Rule 210.12(~)(2));
8. four (4) copies of each reference document mentioned in the prosecution
histories of the ‘486, ‘836 and ‘292 patents (bearing bates nos. FI 000001- FI
004998) (Rule 210.12(~)(3));and
9. a letter and certification pursuant to Commission Rules 201.6(b) and 210.5(d)
requesting confidential treatment of confidential Exhibits 94-97 and the
confidential license agreements.
Thank you for your attention to this matter.
Respectfully submitted,
Margaret D. Macdonald
Counsel for Complainants
Unilin Beheer B.V.
Flooring Industries Ltd.
Unilin Flooring N.C. LLC
Enclosures
1299 PENNSYLVANIA
AvE., NW
WASHINGTON,
DC 20004-2402
PHONE202.783.0800
FAX202.383.6610
A LIMITED
LIABIL~TY
PARTNERSHIP
MARGARET
D. MACDONALD
July 1,2005
PARTNER
202.383.6835
[email protected]
HAND DELIVERY
Secretary
U.S. International Trade Commission
500 E Street, S.W.
Washington, D.C. 20436
Re:
Certain Laminated Floor Panels
Dear Secretary Abbott:
I am counsel for Complainants Unilin Beheer B.V., Flooring Industries Ltd. and Unilin
Flooring N.C. LLC (“Unilin”). In accordance with Commission Rules 201.6 and 210.5, Unilin
requests confidential treatment of business information contained in Confidential Exhibits 94-97
to the Complaint and the license agreements accompanying the complaint pursuant to
Commission Rule 2 10.12(c)(1).
The information for which confidential treatment is sought is propriety commercial and
technical information not otherwise publicly available. Specifically, the exhibits contain the
following:
Confidential Exhibit 94 identifies the non-exclusive sub-licensees of Flooring Industries
Ltd. the names of which are property business information that is not publicly available;
Confidential Exhibit 95 contains propriety business information relating to Unilin’s
investment in a factory where Unilin’s laminated floor panels are manufactured;
investment in equipment used to manufacture Unilin’s laminated floor panels;
employment of labor involved in manufacturing Unilin’ s laminated floor panels; and
License Agreements, submitted pursuant to Commission Rule 21 0.2 l(c)( l), contain
propriety business information that is not publicly available.
AMSTERDAM
BRUSSELS
CHICAGO HOUSTON
IRVINE
LONDON
Los ANCELES
MENLOPARK
SANFRANCISCO WASHINGTON,
DC
July 1,2005
Page 2
The information described above qualifies as confidential business information pursuant
to Rule 201.6(a) in that:
a) it is not available to the public;
b) unauthorized disclosure of such information could cause substantial harm to the
competitive position of Complainants; and
c) the disclosure of which could impair the Commission’s ability to obtain
information necessary to perform its statutory function.
MargarA D. Macdonald
Counsel for Complainants
Unilin Beheer B.V.
SUBSCRIBED AND SWORN before me this lStday of July, 2005
Notary Public
Kathleen M. S r n i k
Notary Public, District of Columbia
My Commission Expires May 14,2010
UNITED STATES 1NTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C.
COMPLAINT UNDER SECTION 337 O F
THE TAFUFF ACT O F 1930, AS AMENDED
Complainants:
Proposed Respondents:
Unilin Beheer B.V.
Hoogeveenenweg 28
Postbus 135
2910 AC
Nieuwerkerk aan den Ijssel
The Netherlands
Telephone: +31 180 317 155
3E Business Enterprises Ltd.
5041 Manor St.,
Vancouver BC V5R 3Y4, CANADA
Telephone: 604-3 15-9583
Westblock I.F.S.C.
Dublin 1
Republic of Ireland
Telephone: +353 164 185
3284 Denton Road
Thomasville, NC 27360 U.S.A.
Telephone: + l 336 472 1066
AMZ (Ghangzhou) Wooden Industrial
Co., Ltd.
Amazon Industrial Garden
Pingbu Road Huadu
Guangzhou, Guangdong 5 10800, CHINA
Telephone: 86-20-36889007
Changzhou Dongjia Decorative
Materials Co., Ltd.
South Cuiqiao Industrial Zone
Henglin, Changzhou, Jiangsu 2 13103,
CHINA
Telephone: 86-5 19-8506858
Changzhou Saili Wood Co., Ltd.
Furong Town, Changzhou City
Jiangsu 2 13118, CHINA
Telephone: 86-5 19-8766666
Changzhou Wujin Zhongxin Wood Co.,
Ltd.
#7 11 Building C, AnZhen-Foreign Trade
Plaza,
Hepingli Chaoyang District,
Beijing 100013, CHINA
Telephone: 86-10-84285623
Counsel for Complainants:
John M. DiMatteo
Steven H. Reisberg
Art C. Cody
David D. Lee
Alexander H. Swirnoff
WILLKIE FARR & GALLAGHER LLP
787 Seventh Avenue
New York, NY 10019
Telephone: 212-728-8000
China Floors Co. Ltd
No. 188 Bao Yuan 4th Road
Huoxian Village JiangQiao Town
Jinbao Industrial Park, Jia Ding District,
Shanghai 201812, CHINA
Telephone: 86 21 6913 6272
Cecilia H. Gonzalez
Margaret D. Macdonald
HOWREY LLP
1299 Pennsylvania Ave., N.W.
Washington, DC 20004
Telephone: 202-783-0800
Dalton Carpet Liquidators, Inc.
d/b/a Dalton Flooring Liquidators
804 East Broad Street,
Gadsden, AL 35903
Telephone: 256-543-9335
Fujian Yongan Forestry (Group) Joint
Stock Co., Ltd.
No 13 Nige, Yongan City,
Fujian Province, China 366000
Telephone: 86-598-366-1976
HFC Horizon Flooring Ltd.
305 Holly Ave., Columbus, OH 43212
Telephone: 614-785-0705
Huzhou Yongji Wooden Co., Ltd.
No. 18 Nianfeng Road
Nanxun, Huzhou, Zhejiang 3 13009,
CHINA
Telephone: 86-572-3032509
Inter Source Trading Corporation
1OF-N, Hongqiao Shijia Garden, No. 179
Zhongshan Road (W), Shanghai, CHINA
Telephone: 86-21-62737928, and
201-3785 Myrtle St.,
Burnaby, BC, CANADA V5C 4E7
Telephone: 604-45 1- 1090
Jiangsu Lodgi Woods Industry Co. Ltd.
7/F, Furi Building, 169 Wuyi North Road,
Fuzhou, China
-11..
Telephone: 86-5 19-8505888
Lodgi North America, Inc.
11131 Bird Road,
Richmond BC V6X 1N7, CANADA
Telephone: 604-726-4728
Pacific Flooring Manufacture, Inc.
391 Foster City Blvd.
Foster City, CA 94404
Telephone: 650-3 12-9999
P.J. Flooring Distributor
1455 Monterey Pass Rd., Suite 105
Monterey Park, CA 9 1754
Telephone: 626-282-9663
Power Dekor Group Co., Ltd.
3/F Byfond Hotel, No. 1587
Zhangyang Rd., Shanghai 200 135, CHINA
Telephone: 862 1-6855-3239
Quality Craft, Ltd.
#301, 17750-65A Avenue
Surrey, BC V3S 5N4, CANADA
Telephone: 604-575-5550
R.A.H. Carpet Supplies, Inc.
55 1 Main Avenue,
Wallington, NJ 07057
Telephone: 973-778-4759
Salvage Building Material, Inc.
95 1 N Liberty St.,
Winston Salem NC 27 101
Telephone: 336-724-1739
Shanghai Dekorman Flooring Co., Ltd.
No. 198 Zhongxin Road,
Tianma, Songjiang District, Shanghai
201600, CHINA
Telephone: 86-21-5766-1304
Shanghai Zhengrun Industry
Development Co., Ltd.
No.7735 Fanghuang Road,
...
J1L
Shanghai 200000, CHINA
Telephone: 86-2 1-63540393
Shengda Flooring Corp.
26-27/F Spectar Building,
#42 Donghua Zhengjie Street,
Chengdu City, China 6 10016
Tel: 86-28-8678881 8-265
Stalheim Industries Sdn Bhd
Lot 2994, Jalan Bukit Badong
45600 Batang Berjuntai
Selangor Dam1 Ehsan, MALAYSIA
Telephone: 60332717499
Stalheim (USA), Inc.
17360 Colima Rd. #332
Rowland Heights, CA 9 1748
Telephone: 626-274-8977
Tsailin Floorings, Inc.
283, Building 3, #402 Siping Road
Hongkou Qu, Shanghai 20008 1, CHINA
Telephone: 86-21-56095739
Universal Floor Covering, Inc.
4500 Automall Parkway,
Fremont, CA 94538
Telephone: 5 10-659-9553
Vegas Laminate Hardwood Floors LLC
4059 Renate Drive,
Las Vegas, NV 89103
Telephone: 702-365-1 5 16
Vohringer Wood Product (Shanghai)
Co., Ltd.
1950 Huhang Road,
Fengxian District, Shanghai 201415,
CHINA
Telephone: 86-21-57109188
Yekalon Industry, Inc.
Suite16A, Flat A, Jinxiu Building
Wenjin Middle Road,
Shenzhen, Guangdong 5 18003, CHINA
Telephone: 86755-25 1-60926
Yingbin (Shunde-Foshan) Wood
Industry Co., Ltd.
No. 163, Qichong Rd,
Dachong Town Zhongshan, Guangdong
528403, CHINA
Telephone: 86-760-7735061
TABLE OF CONTENTS
Page
Complainants and Proposed Respondents
i
TABLE OF CONTENTS
vi
TABLE OF EXHIBITS
ix
I.
INTRODUCTION
1
11.
COMPLAINANTS
3
111.
PROPOSED RESPONDENTS
4
A.
Proposed Respondent 3E
4
B.
Proposed Respondent AMZ
5
C.
Proposed Respondent CHANGZHOU DONGJIA
5
D.
Proposed Respondent CHANGZHOU SAIL1 WOOD CO., LTD.
5
E.
Proposed Respondent CHANGZHOU WUJIN
6
F.
Proposed Respondent CHINA FLOORS
6
G.
Proposed Respondent DALTON CARPET LIQUIDATORS, INC.
7
H.
Proposed Respondent FUJIAN YONGAN FORESTRY (GROUP) JOINT
STOCK CO. LTD.
7
I.
Proposed Respondent HFC
8
J.
Proposed Respondent HUZHOU YONGJI
8
K.
Proposed Respondent INTER SOURCE TRADING CORPORATION
9
L.
Proposed Respondent LODGI NA
9
M.
Proposed Respondent LODGI WOODS
10
N.
Proposed Respondent PACIFIC FLOORING
10
0.
Proposed Respondent P.J. FLOORING
11
vi
P.
Proposed Respondent POWER DEKOR
11
Q-
Proposed Respondent QUALITY CRAFT
12
R.
Proposed Respondent R.A.H. CARPET SUPPLIES, INC.
12
S.
Proposed Respondent SALVAGE BUILDING MATERIAL, INC.
12
T.
Proposed Respondent SHANGHAI DEKORMAN
13
U.
Proposed Respondent SHANGHAI ZHENGRUN
13
V.
Proposed Respondent SHENGDA FLOORING CORP.
14
W.
Proposed Respondent STALHEIM INDUSTRIES
14
X.
Proposed Respondent STALHEIM USA
15
Y.
Proposed Respondent TSAILIN
15
Z.
Proposed Respondent UNIVERSAL FLOOR COVERING, INC.
16
AA.
Proposed Respondent VEGAS LAMINATE HARDWOOD FLOORS LLC
16
AB.
Proposed Respondent VOHRINGER
17
AC .
Proposed Respondent YEKALON
17
AD.
Proposed Respondent YINGBIN
18
IV.
THE PRODUCTS AT ISSUE
18
V.
THE PATENTS-IN-SUIT
19
A.
19
B.
The '486 Patent
1.
Identification of the Patent and Ownership by Unilin Beheer B.V
19
2.
Non-Technical Description of the Patented Invention
20
The '836 Patent
20
1.
20
2.
21
vii
C.
D.
21
The '292 Patent
1.
21
2.
22
Foreign Counterparts to the '486, '836, and '292 Patents
22
VI.
UNFAIR ACTS OF THE RESPONDENTS - PATENT INFRINGEMENT
22
VII.
SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE
34
VIII.
LICENSES
53
IX.
THE DOMESTIC INDUSTRY
54
X.
RELATED LITIGATION
55
XI.
RELIEF REQUESTED
58
viii
TABLE OF EXHIBITS
EXHIBIT
NO.
1
I
DESCRIPTION OF EXHIBIT
Certified copy of United States Patent No. 6,006,486.
2
3
4
Certified copy of the assignment in the ’486 patent.
5
List of foreign counterparts corresponding to the ’486, ’836, and ’292 patents.
6
Photographs of 3E’s laminated floor panels.
7
Claim charts and illustrations demonstrating 3E’s infringement of claim 1 from
each of the ‘486, ’836, and ’292 patents.
8
Photographs of AMZ’s laminated floor panel.
9
Claim charts and illustrations demonstrating AMZ’ infringement of claim 1 of
the ‘486, ’836, and ’292 patents.
10
1
Photographs of CHANGZHOU DONGJIA’s laminated floor panel.
11
Claim charts and illustrations demonstrating CHANGZHOU DONGJIA’s
infringement of claim 1 of the ‘486, ’836, and ’292 patents.
12
Photographs of CHANGZHOU SAILI WOOD’s and HFC’s laminated floor
panel.
13
Claim charts and illustrations demonstrating CHANGZHOU SAILI WOOD’s
and HFC’s infringement of claim 1 of the ‘486, ’836, and ’292 patents.
14
Photographs of CHANGZHOU WUJIN’s accused laminated floor panels.
15
Claim charts and illustrations demonstrating CHANGZHOU WUJIN’s
16
Photographs of CHINA FLOOR’Slaminated floor panel.
17
Claim charts and illustrations demonstrating CHINA FLOORS’ infringement
of claim 1 of the ‘486, ’836, and ’292 patents.
-lx-
I
18
Photographs of HUZHOU YONGJI’s laminated floor panel.
19
Claim charts and illustrations demonstrating HUZHOU YONGJI’s
20
Photographs of LODGI WOODS’, LODGI NA’s, and UNIVERSAL
FLOOR’Slaminated floor panels and/or packaging.
21
Claim charts and illustrations demonstrating LODGI WOODS’, LODGI NA’s,
and UNIVERSAL FLOOR’Sinfringement of claim 1 of the ‘486, ’836, and
’292 patents.
22
Photographs of PACIFIC FLOORING’Slaminated floor panel.
23
Claim charts and illustrations demonstrating PACIFIC FLOORING’S
24
Photographs of P.J. FLOORING’Slaminated floor panel.
25
Claim charts and illustrations demonstrating P.J. FLOORING’Sinfringement
26
Photographs of POWER DEKOR’s laminated floor panels.
~~
~
27
Claim charts and illustrations demonstrating POWER DEKOR’s infringement
28
Photographs of SHANGHAI DEKORMAN’s laminated floor panel.
29
Claim charts and illustrations demonstrating SHANGHAI DEKORMAN’s
30
Photographs of SHANGHAI ZHENGRUN’s laminated floor panel.
31
Claim charts and illustrations demonstrating SHANGHAI ZHENGRUN’s
32
Photographs of STALHEIM INDUSTRIES’Sand STALHEIM USA’s
laminated floor panels.
33
Claim charts and illustrations demonstrating STALHEIM INDUSTRIES’ and
STALHEIM U.S.A.’s infringement of claim 1 of the ‘486, ’836, and ’292
patents.
_ _ _ _ ~
~~~~~~~
34
~
~
Photographs of TSAILIN’s laminated floor panel.
X
35
Claim charts and illustrations demonstrating TSAILIN’s infringement of claim
1 of the ‘486, ’836, and ’292 patents.
36
Photographs of QUALITY CRAFT’S and VOHRINGER’s laminated floor
panels.
37
Claim charts and illustrations demonstrating VOHRINGER’ s and QUALITY
CRAFT’S infringement of claim 1 of the ‘486, ’836, and ’292 patents.
38
Photographs of YEKALON’s and INTER SOURCE’S laminated floor panel.
39
Claim charts and illustrations demonstrating YEKALON’s and INTER
SOURCE’S infringement of claim 1 of the ‘486, ’836, and ’292 patents.
40
Photographs of YINGBIN’s laminated floor panel.
41
Claim charts and illustrations demonstrating YINGBIN’ s infringement of claim
1 of the ‘486, ’836, and ’292 patents.
42
Photographs of SALVAGE BUILDING’S,DALTON’S, and FUJIAN
YONGAN’s laminated floor panels and/or packaging.
43
Claim charts and illustrations demonstrating SALVAGE BUILDING’S,
DALTON’S, and FUJIAN YONGAN’s infringement of claim 1 of the ‘486,
’836, and ’292 patents.
44
Photographs of the packaging for VEGAS LAMINATE’S laminated floor
panels.
45
Claim charts and illustrations demonstrating VEGAS LAMINATE’S
46
Photographs of SHENGDA FLOORING’S and R.A.H.’s laminated floor
panels.
47
Claim charts and illustrations demonstrating SHENGDA FLOORING’S and
R.A.H.’s infringement of claim 1 of the ‘486, ’836, and ’292 patents.
48
Declaration of Jose L. Couto.
49
3E brochure and business card.
50
Pages from 3E website:
Home page: http://www.3ebusiness.com/
xi
Product: http://www.3ebusiness.com/product.asp
51
Declaration of Christopher Gilio.
52
AMZ business card and brochure.
Pages from AMZ website:
53
54
Introduction: http://www.amzwood.com/old/zx+.htm
Branches: http://www.amzwood.com/old/jg+.htm
Certification: http://www.amzwood.com/old/ry+.htm
Contact: http://www.amzwood.com/old/ts+.htm
Products: http://www.amzwood.com/old/cb+.htm
Golden Sunlight Product: http://www.amzwood.com/old/cb 1%2B.htm
CHANGZHOU DONGJIA business card and brochure.
Pages from CHANGZHOU DONGJIA website:
55
56
Profile: http://www.dongjiacn.com/english/profile.asp
Product features:
http://www.dongjiacn.codenglish/product2.asp?s
1=5&s2= 1 8
Product structure:
http://www.dongjiacn.com/english/product2.asp?s 1 =5 &s2=20
Sales: http://www.dongjiacn.com/english/sale.asp
iacn.com/english/contact.asp
Con tact: http ://www.dongj
HFC business card.
Pages from HFC and CHANGZHOU SAIL1 websites:
Home page: http://www.hfchorizon.com/
Installation: http://www.hfchorizon.com/installation/
Introduction: http://www.hfchorizon.com/intro/index 1.htm
Layers: http://www.hfchorizon.com/layers/
Products: http://www.hfchorizon.com/products/
57
English home page: http://www.cnsaili.com/eg/index.asp
About us: http://www.cnsaili.com/eg/gsjj .htm
Market: http://www.cnsaili.com/eg/xswl.htm
Contact us: http://www.cnsaili.com/eg/lxwm.htm
Semi-finished product: http://www.cnsaili.com/eg/gsjj-bc.htm
Finished product warehouse: http://www.cnsaili.com/eg/gsjj-cpk.htm
Finished product container: http://www.cnsaili.com/eg/gsjj_cpjzx.htm
Production process: http://www.cnsaili.com/eg/scIc.htm
Products: http://www.cnsaili.com/eg/cpj s-1 .asp?TypeID=5
xii
CHANGZHOU WUJIN business card and brochure.
Invoice for CHINA FLOORS laminated floor panels called “Art Plus,” dated
February 22,2005.
Pages from CHINA FLOORS website:
Home page: http://www.chinafloors.com/menu.htm
Company: http://www.chinafloors.com/company.htm
Laminate products: http://www.chinafloors.com/laminate.htm
Contact us: http://www.chinafloors.com/
Pages from HUZHOU YONGJI website:
Home page: http://yongji.en.alibaba.com/
About us: http ://yon&i.en.alibaba.com/aboutus .html
Laminate products:
http://yongji.en.alibaba.com/group/50034324/Laminate
Flooring.htm1
Company profile: http://yongji.en.alibaba.com/profile.~tml
Trust profile: http://yongji.en. alibaba. com/trustpro file.html?oid=cnzj yongji
Management: http ://yongji.en.alibaba.com/column/500 10693.html
Quality: http://yongji. en.alibaba.com/column/5 00 10694 .html
LODGI NA business card and brochure.
Pages from LODGI NA website:
Home page: http ://www.lgfloors .com/index .htm
Silk Road Product: http://www.lgfloors.com/silkroad.htm
Contact us: http://www.lgfloors.com/contact.htm
[nvoice from UNIVERSAL FLOOR for LODGI WOODS laminated floor
panels, dated April 12, 2005.
Pages from LODGI WOODS website:
Home page: http://www. 6j.comcn/enweb/Default. asp
About us: http://www.6j.comcn/enweb/about.asp
Honors: http://www.6j.comcn/enweb/honor.asp
Contact us: http://www.6j .comcn/enweb/Contact.asp
Products: http ://www.6j.comcn/enweb/Product .asp
PACIFIC FLOORING brochures.
Pages from PACIFIC FLOORING website:
xiii
Home: http://www.pacificflooringusa.com/
Products: http://www.pacificflooringusa.com/files/pro-lam.htm
68
P.J. FLOORING business card.
69
POWER DEKOR business card and brochure.
Pages from POWER DEKOR website:
70
71
About us: http://www.powerdekorgroup.com/about-us.html
Danyang factory: http://www.powerdekorgroup.com/aboutqhoto_dy.html
Shenzhen factory: http://www.powerdekorgroup.com/aboutghoto~sz.html
Contact: http://www.powerdekorgroup.com/contact.html
SHANGHAI DEKORMAN business card and brochure.
Pages from SHANGHAI DEKORMAN website:
72
Company: http://www.dekonnan.com/en/index.htm
Products: http://www.dekorman.com/en/cp.htm
73
SHANGHAI ZHENGRUN business card and brochure.
74
STALHEIM USA business card and STALHEIM INDUSTRIES brochures.
Pages from STALHEIM INDUSTRIES and website:
75
76
Welcome: http://www.stalheim.com.my/
Company overview:
http://www.stalheim.com.my/company/comp-overview. htm
Worldwide distribution:
http://www.stalheim.com.my/company/distribution.htm
TSAILIN business card and brochure.
Pages from QUALITY CRAFT website:
77
78
Contact information: http://www.qualitycraft.com/contact.html
About Quality Craft: http://www.qualitycraft.com/corporate -1.html
Services: http://www.qualitycraft.com/services.html
Quality Craft History: http://www.qualitycraft.com/history.html
Laminate Selector: http://www.qualitycraft.com/laminate.html
Pages from VOHRINGER website:
About/Germany, Asia: http://www.vohringer.com/main-en.php?page=about
xiv
About/Globalization:
http://www.vohringer. com/main-en.php?page=about&id=2
About/Technology :
http ://www.vohringer.com/main-en.php?page=about&id=1#3
About/Laminate flooring:
http://www.vohringer. com/main-en.php?page=about&id=3
79
YEKALON brochure.
Pages from YEKALON website:
80
81
About us: http://www. yekalonbuilding.com/aboutus-1.asp
Feedback: http://www. yekalonbuilding.com/feedback1.asp
INTER SOURCE business card.
Pages from YINGBIN website:
82
83
About Natrue [sic]: http://www.chinanatural.com/English/Default.asp?ChannelId=14&ColumnId=28
Contact us: http://www.chinanatural.com/English/Default.asp?ChannelId= 166&ColumnId= 167
Declaration of Shane Burton.
Pages from DALTON website:
84
Home page: http://www.daltonflooringliquidators.com/home/dflhome.cfm
About us: http://www.daltonflooringliquidators.com/static/about-us.cfm
Forest shade laminate:
http://www.daltonflooringliquidators.com/home/product
-style.cfm?prod -id=174
85
Pages printed from Hoover’s website.
86
FUJIAN YONGAN brochure.
Pages from FUJIAN YONGAN website:
87
Home: http://www.yonglinlanbao.com/english/english.asp
[ntroduction/President address: http://www.yonglinlanbao.com/english/jjthici.asp
[ntroduction/Company introduction:
http://www.yonglinlanbao.com/ENGLISH/jj
-jianjie.asp
[nroduction/Resource: http://www.yonglinlanbao.com/ENGLISH/jj-ziyuan.asp
[ntroduction/Forestry management:
ittp ://www.yonglinlanbao .com/ENGLISH/jj-senlin. asp
[ntroduction/Forestry industry: http://www.yonglinlanbao.com/ENGLISH/jjxv
1inchan.asp
IntroductionNonglin Blue Leopard:
http://www. yonglinlanbao.com/ENGLISH/jj-1anbao.asp
Introduction/Company honor: http://www.yonglinlanbao.com/ENGLISH/jjrongyu.asp
Products: http ://www.yonglinlanbao. com/english/cp-chanpin. asp
Products/Wealth and glory: http://www.yonglinlanbao.com/english/cpchanpin-fg. asp
Products/Auspciousness: http://www.yonglinlanbao.com/english/cp-chanpinjx.asp
Products/Good fortune: http://www.yonglinlanbao.com/english/cp-chanpinxy.asp
Products/Happiness: http://www.yonglinlanbao.com/english/cp-chanpinmm.asp
Products/New product layout: http://www.yonglinlanbao.com/ENGLISH/cpxinpin.asp
Products/Production honor: http://www.yonglinlanbao.com/ENGLISH/cprongyu. asp
Sales network: http://www.yonglinlanbao.com/English/YX-yingxiao.asp
Contact us: http://www. yonglinlanbao. com/ENGLISH/lx-lianxi.asp
88
Invoice from VEGAS LAMINATE for laminated floor panels, dated April 13,
2005.
89
Declaration of John Ardizzone.
90
SHENGDA FLOORING brochure.
Pages from SHENGDA FLOORING website:
91
Chinese home page: http://shengdawood.com
English home page: http://shengdawood.com/english/
About us: http://shengdawood.com/english/aboutus.asp
Products: http://shengdawood.com/english/products.asp
Laminate products: http://shengdawood.com/english/products_laminate.asp
Contact us: http://shengdawood.com/english/feedbackform.asp
92
Photographs of STEPS@and Harmonics@laminated floor panels.
93
Claim charts and illustrations demonstrating Unilin's practice of claim 1 from
each of the '486, '836, and '292 patents.
~
Confidential
Confidential list of licensees under the '486, '836, and '292 patents.
Exhibit 94
Confidential Square footage and cost of the factory where Unilin's laminated floor panels are
xvi
I
Exhibit 95
manufactured.
Confidential
Equipment used to manufacture Unilin’ s laminated floor panels.
Exhibit 96
I
Confidential
Employees involved in manufacturing Unilin’s laminated floor panels.
Exhibit 97
98
99
Summary chart.
Public version of exclusive license agreement between Unilin Beheer, B.V. and
I((
Public version of sublicense agreement between Flooring Industries Ltd. and
Unilin Decor N.C. LLC
xvii
I.
INTRODUCTION
1.1.
Complainants Unilin Beheer B.V. (“Unilin Beheer”), Flooring Industries Ltd.
(“Flooring Industries”) and Unilin Flooring N.C. LLC (“Unilin Flooring”) (collectively,
“Complainants” or “Unilin”), respectfully request that the United States International Trade
Commission commence an investigation pursuant to Section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 0 1337, and remedy the unlawful importation into the United States, the sale
for importation, and/or the sale within the United States after importation, by the owner, importer
or consignee of articles covered by valid and enforceable United States patents owned by Unilin
Beheer, exclusively licensed to Flooring Industries, and nonexclusively sublicensed to Unilin
Flooring.
1.2.
The proposed Respondents, 3E Business Enterprises Ltd., AMZ (Ghangzhou)
Wooden Industrial Co., Ltd., Changzhou Dongjia Decorative Materials Co., Ltd., Changzhou
Saili Wood Co., Ltd., Changzhou Wujin Zhongxin Wood Co., Ltd., China Floors Co. Ltd, Dalton
Carpet Liquidators, Inc., Fujian Yongan Forestry (Group) Joint Stock Co., Ltd., HFC Horizon
Flooring Ltd., Huzhou Yongji Wooden Co., Ltd., Inter Source Trading Corporation, Lodgi North
America, Inc., Pacific Flooring Manufacture, Inc., P.J.Flooring Distributor, Power Dekor Group
Co., Ltd., R.A.H. Carpet Supplies, Inc., Quality Craft, Ltd., Salvage Building Material, Inc.,
Shanghai Dekorman Flooring Co., Ltd., Shanghai Zhengrun Industry Development Co., Ltd.,
Shengda Flooring Corp., Stalheim Industries Sdn Bhd, Stalheim (USA), Inc., Tsailin Floorings,
Inc., Universal Floor Covering, Inc., Vegas Laminate Hardwood Floors LLC, Vohringer Wood
Product (Shanghai) Co., Ltd., Yekalon Industry, Inc., and Yingbin (Shunde-Foshan) Wood
Industry Co., Ltd. (collectively “Respondents”), have engaged in unfair acts in violation of
Section 337 through the unlicensed importation into the United States, sale for importation
and/or sale after importation into the United States of certain laminated floor panels, and each of
the Respondents thereby infringe one or more claims of U.S. Patent No. 6,006,486 (“the ’486
patent”), U.S. Patent No. 6,490,836 (“the ’836 patent”), and U.S. Patent No. 6,874,292 (“the
’292 patent”).
1.3.
Certified copies of the ’486, ’836, and ’292 patents accompany this Complaint as
Exhibit 1, Exhibit 2, and Exhibit 3 respectively. Unilin Beheer owns by assignment the entire
right, title and interest in, and to, the ’486, ’836, and ’292 patents. Certified copies of the
recorded assignment of these patents also accompany the complaint at Exhibit 4l.
1.4.
A domestic industry as required by Section 337(a)(2) and (3) exists in the United
States relating to certain laminated floor panels manufactured by Unilin Flooring, all of which
feature interlocking tongue and groove profiles that allow glueless assembly of adjacent floor
panels. These profiles, named “Uniclic@,”are covered by claims of each of the ’486 patent, the
’836 patent, and the ’292 patent. The domestic industry for the ’486, ’836, and ’292 patents
includes Unilin Flooring’s substantial United States investments and expenditures in the
manufacture of laminated floor panels that use Uniclic@.
1.5.
Complainants seek an order, pursuant to Section 337(d), excluding from entry
into the United States laminated floor panels that infringe the ’486 and/or ’836 and/or ’292
patents for the lives of the ’486 and/or ’836 patents and/or ’292 patents. Complainants further
seek cease and desist orders pursuant to Section 337(f) directing Respondents to cease the
’ The application that matured into the ’836 patent was filed as a continuation of the ’486 patent,
and the application that matured into the ’292 patent was filed as a continuation of the ’836
patent. “In the case of a division or continuation application, a prior assignment recorded against
the original application is applied to the division or continuation application because the
assignment recorded against the original application gives the assignee rights to the subject
matter common to both applications.” M.P.E.P. 5 306. Thus, the assignment in the ’486 patent
applies with equal effect to the ’836 and ’292 patents.
2
importation, promotion, marketing, advertisement, demonstration, warehousing of inventory for
distribution, sale and use of such imported laminated floor panels in the United States.
11.
COMPLAINANTS
2.1.
Complainant Unilin Beheer is a Dutch corporation, headquartered at
Hoogeveenenweg 28, Postbus 135,2910 AC, Nieuwerkerk aan den Ijssel, The Netherlands.
Unilin Beheer is the assignee of the '486, '836, and '292 patents, and the owner of all right, title
and interest in those patents. The Unilin Group, of which Unilin Beheer and the other
complainants are members, is a specialist manufacturer of such products as medium density
fiberboard and chipboard, roofing elements, shelving systems and laminated flooring.
2.2.
Complainant Flooring Industries is an Irish corporation with its principal place of
business at Westblock I.F.S.C., Dublin 1, Republic of Ireland. Flooring Industries is the
exclusive licensee of the '486, '836, and '292 patents, with full rights to grant sublicenses, and to
enforce and sue for injunctive relief and damages for infringement of the '486, '836, and '292
patents.
2.3.
Complainant Unilin Flooring N.C. LLC is a North Carolina limited liability
company with its principal place of business at 3286 Denton Road, Thomasville, North Carolina
27360. Unilin Flooring N.C. LLC manufactures laminated floor panels in the United States.
Pursuant to a license from Flooring Industries, Unilin Flooring is a non-exclusive sublicensee of
the '486, '836, and '292 patents2. Unilin Flooring's business in the United States has grown
The non-exclusive sublicense from Flooring Industries to practice the inventions of the '486,
'836, and '292 patents was granted to an entity called Unilin Decor N.C. LLC. Unilin Flooring
N.C. LLC acquired these licenses before Unilin DCcor N.C. LLC merged out of existence on
July 3 1,2004. A copy of the operating agreement transferring the sublicense accompanies the
Complaint pursuant to Commission Rule 2 10.21(c)( 1).
along with the public’s interest in home improvement and renovation. This trend has been
driven by a number of factors including the increasing affluence of home owners, increasing
home prices, and shifts in home buying trends towards purchase of older structures in urban
areas.
111.
PROPOSED RESPONDENTS
A.
Proposed Respondent 3E
3.1.
Proposed Respondent 3E BUSINESS ENTERPRISES LTD. (“3,”) is a company
organized and existing under the laws of Canada, having its principal place of business located at
5041 Manor St., Vancouver, BC V5R 3Y4, Canada.
3.2.
Upon information and belief, proposed Respondent 3E is in the business of
manufacturing in China and selling for importation into the United States laminated floor panels
that infringe one or more claims of the ‘486, ’836, and ’292 patents. See Exhibits 6,48-50.
B.
Proposed Respondent AMZ
3.3.
Proposed Respondent AMZ (GHANGZHOU) WOODEN INDUSTRIAL CO.,
LTD. (“AMZ”) is a company organized and existing under the laws of China, having its
principal place of business located at Amazon Industrial Garden, Pingbu Road, Huadu,
Guangzhou, Guangdong 5 10800 China.
3.4.
Upon information and belief, proposed Respondent AMZ is in the business of
that infringe one or more claims of the ‘486, ’836, and ’292 patents. See Exhibits 8,51-53.
4
C.
Proposed Respondent CHANGZHOU DONGJIA
3.5.
Proposed Respondent CHANGZHOU DONGJIA DECORATIVE MATERIALS
CO., LTD. (“CHANGZHOU DONGJIA”) is a company organized and existing under the laws
of China, having its principal place of business located at South Cuiqiao Industrial Zone,
Henglin, Changzhou, Jiangsu 2 13103 China.
3.6.
Upon information and belief, proposed Respondent CHANGZHOU DONGJIA is
in the business of manufacturing in China and selling for importation into the United States
laminated floor panels that infringe one or more claims of the ‘486, ’836, and ’292 patents. See
Exhibits 10,51,54,55.
D.
Proposed Respondent CHANGZHOU SAILI WOOD CO., LTD.
3.7.
Proposed Respondent CHANGZHOU SAILI WOOD CO., LTD.
(“CHANGZHOU SAILI WOOD”) is a company organized and existing under the laws of China,
having its principal place of business located at Furong Town, Changzhou City, Jiangsu 2 13118,
China.
3.8.
Upon information and belief, proposed Respondent CHANGZHOU SAILI
WOOD is in the business of manufacturing in China and selling for importation into the United
States laminated floor panels that infringe one or more claims of the ‘486, ’836, and ’292
patents, including infringing laminated floor panels sold within United States after importation
by Respondent HFC. On information and belief, Respondent CHANGZHOU SAILI WOOD and
Respondent HFC are related companies. See Exhibits 12,48,56,57.
5
E.
Proposed Respondent CHANGZHOU WUJIN
3.9.
Proposed Respondent CHANGZHOU WUJIN ZHONGXIN WOOD CO., LTD.
(“CHANGZHOU WUJI”’) is a company organized and existing under the laws of China,
having its principal place of business located at #711 Building C, AnZhen-Foreign Trade Plaza,
Hepingli, Chaoyang District, Beijing 100013 China.
3.10.
Upon information and belief, proposed Respondent CHANGZHOU WUJIN is in
the business of manufacturing in China and selling for importation into the United States
Exhibits 14,51,58.
F.
Proposed Respondent CHINA FLOORS
3.11. Proposed Respondent CHINA FLOORS CO. LTD (“CHINA FLOORS”) is a
company organized and existing under the laws of China, having its principal place of business
at No. 188 Bao Yuan 4th Road, Huoxian Village JiangQiao Town, Jinbao Industrial Park, Jia
Ding District, Shanghai 201 812, China.
3.12. Upon information and belief, proposed Respondent CHINA FLOORS is in the
business of manufacturing in China and selling for importation into the United States laminated
floor panels that infringe one or more claims of the ‘486, ’836, and ’292 patents. See Exhibits
16,59,60.
G.
Proposed Respondent DALTON CARPET LIQUIDATORS
3.13.
Proposed Respondent DALTON CARPET LIQUIDATORS, INC. (“DALTON”)
is a corporation organized and existing under the laws of Alabama, having its principal place of
6
business located at 804 East Broad Street, Gadsden, Alabama 35903. Upon information and
belief, DALTON CARPET LIQUIDATORS, INC. is doing business as DALTON FLOORING
LIQUIDATORS. See Exhibit 85.
3.14. Upon information and belief, proposed Respondent DALTON is in the business
of selling within the United States after importation laminated floor panels that infringe one or
more claims of the ‘486, ’836, and ’292 patents, including laminated floor panels manufactured
in China and sold for importation into the United States by an unknown company. See Exhibits
42 (photos 1-3), 83-85.
H.
STOCK CO. LTD.
3.15.
STOCK CO. LTD. (“FUJIAN YONGAN”) is a company organized and existing under the laws
of China, with its principal place of business located at No 13 Nige, Yongan City, Fujian
Province, China 366000.
3.16. Upon information and belief, proposed Respondent FUJIAN YONGAN is in the
floor panels that infringe one or more claims of the ‘486, ’836, and ’292 patents, including
infringing laminated floor panels sold within the United States after importation by proposed
Respondent SALVAGE BUILDING. See Exhibits 42 (photos 4-8), 83,86,87.
I.
Proposed Respondent HFC
3.17. Proposed Respondent HFC HORIZON FLOORING LTD., also known as
“HORIZON FLOORING COMPANY” (“HFC”), is a limited liability company organized and
7
existing under the laws of Ohio, having its principal place of business located at 1305 Holly
Ave., Columbus, OH 43212.
3.18. Upon information and belief, proposed Respondent HFC is in the business of
selling within the United States after importation laminated floor panels that infringe one or more
claims of the ‘486, ’836, and ’292 patents, including infringing laminated floor panels
manufactured in China and sold for importation into the United States by proposed Respondent
CHANGZHOU SAILI WOOD. On information and belief, Respondent HFC and Respondent
CHANGZHOU SAILI WOOD are related companies. See Exhibits 12,48, 56,57.
J.
Proposed Respondent HUZHOU YONGJI
3.19. Proposed Respondent HUZHOU YONGJI WOODEN CO., LTD. (“HUZHOU
YONGJI”) is a company organized and existing under the laws of China, having its principal
place of business located at No. 18 Nianfeng Road, Nanxun, Huzhou, Zhejiang 313009 China.
3.20. Upon information and belief, proposed Respondent HUZHOU YONGJI is in the
18,51,61.
K.
Proposed Respondent INTER SOURCE TRADING CORPORATION
3.21.
Proposed Respondent INTER SOURCE TRADING CORPORATION (“INTER
SOURCE”) is a company organized and existing under the laws of China, having its principal
place of business located at IOF-N, Hongqiao Shijia Garden, No. 179, Zhongshan Road (W),
Shanghai, China. INTER SOURCE also has a Canadian office located at a located at 201-3785
Myrtle St., Burnaby, BC, Canada V5C 4E7.
3.22.
Upon information and belief, proposed Respondent INTER SOURCE is in the
business of selling for importation into the United States laminated floor panels that infringe one
or more claims of the ‘486, ’836, and ’292 patents, including infringing laminated floor panels
manufactured in China, and sold for importation into the United States by proposed Respondent
YEKALON. See Exhibits 38,48,81.
L.
Proposed Respondent LODGI NA
3.23. Proposed Respondent LODGI NORTH AMERICA, INC. (“LODGI NA”) is a
company organized and existing under the laws of Canada, having its principal place of business
located at 11131 Bird Road, Richmond, BC V6XlN7 Canada.
3.24. Upon information and belief, proposed Respondent LODGI NA is in the business
of selling for importation into the United States laminated floor panels that infringe one or more
claims of the ‘486, ’836, and ’292 patents, including laminated floor panels manufactured in
China, and sold for importation into the United States by proposed Respondent LODGI
WOODS, and including infringing laminated floor panels sold within the United States after
importation by proposed Respondent UNIVERSAL FLOOR. On information and belief,
9
Respondents LODGI NA and LODGI WOODS are related companies See Exhibits 20 (photos
1-3), 48,62,63.
M.
Proposed Respondent LODGI WOODS
3.25.
Proposed Respondent JIANGSU LODGI WOODS INDUSTRY CO. LTD.
(“LODGI WOODS”), also called LG WOODS, is a company organized and existing under the
laws of China, having its principal place of business located at 7/F, Furi Building, 169 Wuyi
North Road, Fuzhou, China.
3.26. Upon information and belief, proposed Respondent LODGI WOODS is in the
infringing laminated floor panels sold for importation into the United States by proposed
Respondent LODGI NA and sold within the United States after importation by proposed
Respondent UNIVERSAL FLOOR. See Exhibits 20,62-65.
N.
Proposed Respondent PACIFIC FLOORING
3.27. Proposed Respondent PACIFIC FLOORING MANUFACTURE, INC.
(“PACIFIC FLOORING”) is a corporation organized and existing under the laws of California,
having its principal place of business located at 391 Foster City Blvd., Foster City, CA 94404.
3.28.
Upon information and belief, proposed Respondent PACIFIC FLOORING is in
the business of manufacturing in China and selling within the United States after importation
Exhibits 22,48, 66, 67.
10
0.
Proposed Respondent P.J. FLOORING
3.29. Proposed Respondent P.J. FLOORING DISTRIBUTOR (“P.J. FLOORING”) is a
company organized and existing under the laws of California, having its principal place of
business at 1455 Monterey Pass Rd., Suite 105, Monterey Park, CA 91754.
3.30. Upon information and belief, proposed Respondent P.J. FLOORING is in the
business of selling within the United States after importation laminated floor panels that infringe
one or more claims of the ‘486, ’836, and ’292 patents, including infringing laminated floor
panels manufactured in China, and sold for importation into the United States by an unknown
company. See Exhibits 24,48,68.
P.
Proposed Respondent POWER DEKOR
3.31.
Proposed Respondent POWER DEKOR GROUP CO., LTD. (“POWER
DEKOR’) is a company organized and existing under the laws of China, having its principal
place of business located at 3/F Byfond Hotel, No. 1587, Zhangyang Rd., Shanghai 200135
China.
3.32. Upon information and belief, proposed Respondent POWER DEKOR is in the
26,51,69,70.
11
Q.
Proposed Respondent QUALITY CRAFT
3.33. Proposed Respondent QUALITY CRAFT, LTD. (“QUALITY CRAFT”) is a
company organized and existing under the laws of Canada, having its principal place of business
located at #301, 17750-65A Ave., Surrey, BC V3S 5N4 Canada.
3.34.
Upon information and belief, proposed Respondent QUALITY CRAFT is in the
business of selling for importation into the United States laminated floor panels that infringe one
or more claims of the ‘486, ’836, and ’292 patents, including infringing laminated floor panels
VOHRINGER and an unknown company. See Exhibits 36 (photos 1-3), 48,77.
R.
Proposed Respondent R.A.H. CARPET SUPPLIES, INC.
3.35.
Proposed Respondent R.A.H. CARPET SUPPLIES, INC. (“R.A.H.”) is
corporation organized and existing under the laws of New Jersey, having its principal place of
business located at 551 Main Avenue, Wallington, New Jersey 07057.
3.36.
Upon information and belief, proposed Respondent R.A.H. is in the business of
selling within the United States after importation laminated floor panels that infringe one or more
claims of the ‘486, ’836, and ’292 patents, including infringing laminated floor panels
SHENGDA FLOORING C O W . See Exhibits 46,89.
S.
Proposed Respondent SALVAGE BUILDING MATERIAL, INC.
3.37.
Proposed Respondent SALVAGE BUILDING MATERIAL, INC. (“SALVAGE
BUILDING”) is a corporation organized and existing under the laws of North Carolina, having
12
its principal place of business located at 95 1 N Liberty St., Winston Salem, North Carolina
27101.
3.38. Upon information and belief, proposed Respondent SALVAGE BUILDING is in
the business of selling within the United States after importation laminated floor panels that
infringe one or more claims of the ‘486, ’836, and ’292 patents, including infringing laminated
floor panels manufactured in China, and sold for importation into the United States by proposed
Respondent FUJIAN YONGAN, and an unknown company. See Exhibits 42,83-87.
T.
Proposed Respondent SHANGHAI DEKORMAN
3.39.
Proposed Respondent SHANGHAI DEKORMAN FLOORING CO., LTD.
(“SHANGHAI DEKORMAN”) is a company organized and existing under the laws of China,
having its principal place of business located at No. 198 Zhongxin Road, Tianma, Songjiang
District, Shanghai 201600 China.
3.40. Upon information and belief, proposed Respondent SHANGHAI DEKORMAN is
Exhibits 28,48,71,72.
U.
Proposed Respondent SHANGHAI ZHENGRUN
3.41. Proposed Respondent SHANGHAI ZHENGRUN INDUSTRY DEVELOPMENT
CO., LTD. (“SHANGHAI ZHENGRUN”) is a company organized and existing under the laws
of China, having its principal place of business located at No.7735 Fanghuang Road, Shanghai
200000 China.
13
3.42.
Upon information and belief, proposed Respondent SHANGHAI ZHENGRUN is
Exhibits 30,51, 73.
V.
Proposed Respondent SHENGDA FLOORING CORP.
3.43.
Proposed Respondent SHENGDA FLOORING CORP. (“SHENGDA
FLOORING’), also known as SICHUAN SHENGDA WOODEN PRODUCTS CO. LTD., is a
company organized and existing under the laws of China, with its principal place of business
located at 26-27/F Spectar Building, #42 Donghua Zhengjie Street, Chengdu City, China
610016.
3.44. Upon information and belief, proposed Respondent SHENGDA FLOORING is in
the business of manufacturing in China and selling for importation into the United States
laminated floor panels that infringe one or more claims of the ‘486, ’836, and ’292 patents,
including infringing laminated floor panels sold within the United States after importation by
proposed Respondent R.A.H. See Exhibits 46,89-91.
W.
Proposed Respondent STALHEIM INDUSTRIES
3.45.
Proposed Respondent STALHEIM INDUSTRIES SDN BHD (“STALHEIM
INDUSTRIES”) is a company organized and existing under the laws of Malaysia, having its
principal place of business located at Lot 2994, Jalan Bukit Badong, 45600 Batang Berjuntai,
Selangor Dam1 Ehsan, Malaysia.
14
3.46.
Upon information and belief, proposed Respondent STALHEIM INDUSTRIES is
in the business of manufacturing in Malaysia, and selling for importation into the United States
laminated floor panels that infringe one or more claims of the ‘486, ’836, and ’292 patents,
including infringing laminated floor panels sold within the United States after importation by
Respondent STALHEIM USA. On information and belief, Respondent STALHEIM
INDUSTRIES and Respondent STALHEIM USA are related companies. See Exhibits 32,51,
74,75.
X.
Proposed Respondent STALHEIM USA
3.47.
Proposed Respondent STALHEIM (USA), INC. (“STALHEIM USA”) is a
corporation organized and existing under the laws of California, having its principal place of
business located at 17360 Colima Rd. #332, Rowland Heights, California 91748.
3.48.
Upon information and belief, proposed Respondent STALHEIM USA is in the
business of selling within the United States after importation laminated floor panels that infringe
one or more claims of the ‘486, ’836, and ’292 patents, including infringing laminated floor
panels manufactured in Malaysia, and sold for importation into the United States by STALHEIM
INDUSTRIES. On information and belief, Respondent STALHEIM INDUSTRIES and
Respondent STALHEIM USA are related companies. See Exhibits 32,51.
Y.
Proposed Respondent TSAILIN
3.49. Proposed Respondent TSAILIN FLOORINGS, INC. (“TSAILIN”) is a company
organized and existing under the laws of China, having its principal place of business located at
283, Building 3, #402 Siping Road, Hongkou Qu, Shanghai 200081 China.
15
3.50.
Upon information and belief, proposed Respondent TSAILIN is in the business of
that infringe one or more claims of the ‘486, ’836, and ’292 patents. See Exhibits 34,48,76.
Z.
Proposed Respondent UNIVERSAL FLOOR COVERING, INC.
3.51.
Proposed Respondent UNIVERSAL FLOOR COVERING, INC. (“UNIVERSAL
FLOOR’) is a corporation organized and existing under the laws of California, having its
principal place of business located at 4500 Automall Parkway, Fremont, California 94538.
3.52.
Upon information and belief, proposed Respondent UNIVERSAL FLOOR is in
floor panels manufactured in China, and sold for importation into the United States by proposed
Respondent LODGI WOODS, and including infringing laminated floor panels sold for
importation into the United States by proposed Respondent LODGI NA. See Exhibits 20
(photos 4-11), 62,64.
AA.
Proposed Respondent VEGAS LAMINATE HARDWOOD FLOORS LLC
3.53. Proposed Respondent VEGAS LAMINATE HARDWOOD FLOORS LLC
(“VEGAS LAMINATE”) is a limited liability company organized and existing under the laws of
Nevada, having its principal place of business located at 4059 Renate Drive, Las Vegas, Nevada
89103.
3.54. Upon information and belief, proposed Respondent VEGAS LAMINATE is in
16
floor panels manufactured in China, and sold for importation into the United States by an
unknown company. See Exhibits 44,88.
AB.
Proposed Respondent VOHRINGER
3.55. Proposed Respondent VOHRINGER WOOD PRODUCT (SHANGHAI) CO.,
LTD. (“VOHRINGER’) is a company organized and existing under the laws of China, having its
principal place of business located at 1950 Huhang Road, Fengxian District, Shanghai 201415
China.
3.56. Upon information and belief, proposed Respondent VOHRINGER is in the
infringing laminated floor panels sold for importation into the United States by proposed
Respondent QUALITY CRAFT. See Exhibits 36 (photos 4-5), 48,78.
AC.
Proposed Respondent YEKALON
3.57.
Proposed Respondent YEKALON INDUSTRY, INC. (“YEKALON”) is a
company organized and existing under the laws of China, having its principal place of business
located Suite16A, Flat A, Jinxiu Building, Wenjin Middle Road, Shenzhen, Guangdong 5 18003
China.
3.58. Upon information and belief, proposed Respondent YEKALON is in the business
of manufacturing in China and selling for importation into the United States laminated floor
panels that infringe one or more claims of the ‘486, ’836, and ’292 patents, including infringing
17
laminated floor panels sold for importation into the United States by proposed Respondent
INTER SOURCE. See Exhibits 38,48,79-81.
AD.
Proposed Respondent YINGBIN
3.59.
Proposed Respondent YINGBIN (SHUNDE-FOSHAN) WOOD INDUSTRY
CO., LTD. (“YINGBIN”) is a company organized and existing under the laws of China, having
its principal place of business located at No. 163, Qichong Rd, Dachong Town, Zhongshan,
Guangdong 528403 China.
3.60.
Upon information and belief, proposed Respondent YINGBIN is in the business
of manufacturing in China and selling for importation into the United States laminated floor
panels that infringe one or more claims of the ‘486, ’836, and ’292 patents. See Exhibits 40,48,
82.
IV.
THE PRODUCTS AT ISSUE
4.1.
In the past, floor panels, including laminated floor panels, were generally
assembled by using glue to permanently connect simple tongue and groove joints. This
assembly process, which often required specialized tools, was time-consuming and messy.
Several floor panels having glueless joints were developed, but they required that the tongue and
groove be made of a material, such as rubber, plastic, or aluminum, that was different from the
core material of the panel. This necessitated more complex and costly manufacturing.
4.2.
Unilin discovered that it was possible to create novel tongue and groove
configurations comprising complex compound curves, which it named Uniclic’.
Using high
precision milling equipment, such curves can be formed at the edges of floor panels. In the case
of laminated floor panels, the curves are milled into the wood-based medium density fiberboard
18
or high density fiberboard making up the core of the panel. When viewed from the side, the
joined tongue and groove form a characteristic pattern called a profile.
4.3.
Depending on the precise configuration, Unilin’s novel tongue and groove
configurations can be joined to each other in one of two ways without use of glue. After being
coupled together, the unique configuration of the tongue and groove profile keeps the panels
tightly joined by storing stress imparted into the lip of the groove during joining. This tight joint
is beneficial because it helps prevents water and dirt from penetrating into the gap, and is
considered more visually appealing. Because the tongue and groove are not glued, and not
harmed during the joining process, joined panels can be disassembled if one is damaged.
4.4.
Upon information and belief, the infringing laminated floor panels are all
manufactured in China or Malaysia, and then imported into the United States. Certain of the
infringing laminated floor boards are known by the following trade names: ART PLUS, CLICKSEALED, DESAI, FOREST SHADE, GIRAFFE, NATURE, NOVARLOC, RAINBOW,
REGAL, and SAPPHIRE3.
V.
THE PATENTS-IN-SUIT
A.
The ’486 Patent
1.
5.1.
Identification of the Patent and Ownership by Unilin Beheer B.V.
U.S. Patent No. 6,006,486 (“the ’486 patent”) (Exhibit 1) issued to Unilin Beheer
B.V. as assignee on December 28, 1999 in the names of Stefan S.G. Moriau, Mark G.M.
Cappelle, and Bernard P.J. Thiers, and is entitled “Floor Panel With Edge Connectors.” The
Submitted herewith as Exhibit 98 is a summary chart that identifies each respondent, related respondents, if any,
name of accused product, if known, and how the sample of the accused product was obtained.
19
entire right, title and interest of the inventors in the ’486 patent were assigned to Unilin Beheer
(see copy of assignment submitted herewith as Exhibit 4).
5.2.
Pursuant to Commission Rules 210.12(c), the original of this Complaint is
accompanied by a certified copy and three additional copies of the prosecution history of the
’486 patent (Bates Nos. FI 006821-007838). Pursuant to Commission Rules 210.12(c), the
original of this Complaint is accompanied by four copies of each reference document mentioned
in the ’486 patent prosecution history (Bates Nos. FI 002356-002949).
2.
5.3.
The invention disclosed and claimed in the ’486 patent is directed to laminated
floor panels having a tongue and a groove with locking elements for mechanically coupling
panels together. The panels are a wood product having a composite core and an upper decorative
surface, and the tongue and groove are integrally formed with the core. The locking elements are
a protrusion on the tongue and a recess on the groove, each with a contact surface that cooperates
with the other contact surface. When coupled, the contact surfaces meet each other on a
common plane of tangency that is angled (with respect to the lower lip of the groove) inwardly
and downwardly from a distal outer location to a proximal inner location. The invention is also
directed to a method of manufacturing the panels by using rotary mills to form the coupling
parts.
B.
The ’836 Patent
1.
5.4.
B.V. as assignee on December 10, 2002, in the names of Stefan S.G. Moriau, Mark G.M.
Cappelle, and Bernard P.J.Thiers, and is entitled “Floor Panel With Edge Connectors.” This
20
patent is subject to a terminal disclaimer and is a continuation of application Serial No.
08/872,044, filed June 10, 1997, which application issued as U.S. Patent No. 6,006,486, also at
issue in this requested investigation.
5.5.
Pursuant to Commission Rules 210.12(c), the original of this Complaint is
’836 patent (Bates Nos. FI 007839-FI 010656). Pursuant to Commission Rules 210.12(c), the
in the ’836 patent prosecution history (Bates No. FI 002950-004998).
2.
5.6.
Like the ’486 patent, the ’836 patent is directed to laminated floor panels and
methods for installation. The invention is directed to a laminated floor panel having a tongue
and a groove with locking elements for mechanically coupling panels together. The tongue and
groove are integrally formed with the core of the panel, which is composed of high or medium
density fiberboard. The groove has an elastically bendable lower lip that is bent downwardly
when coupled to a tongue from another panel, causing the lower lip to provide a biasing force
that tends to urge the panels towards each other. The invention is also directed to various
methods of coupling two boards or more boards together by angling and rotating them together
and/or joining them in a co-planar fashion.
C.
The ’292 Patent
1.
5.7.
B.V. as assignee on April 5,2005, in the names of Stefan S.G. Moriau, Mark G.M. Cappelle, and
Bernard P.J.Thiers, and is entitled “Floor Panels With Edge Connectors.” This patent is a
21
continuation of application Serial No. 09/471,014, filed December 23, 1999, which application
issued as U.S. Patent No. 6,490,836, also at issue in this requested investigation.
5.8.
Pursuant to Commission Rules 2 lO.l2(c), the original of this Complaint is
'292 patent (Bates Nos. FI 006213-FI 006820). Pursuant to Commission Rules 210.12(c), the
in the '292 patent prosecution history (Bates Nos. FI 000001-FI 002355).
2.
5.9.
The '292 patent is directed to floor covering panels having cooperative coupling
parts that prevent coupled panels from drifting apart. The coupling parts comprise a tongue and
a groove that are formed in one piece with the rest of the panel. One of the coupling parts has an
elastically bendable portion that is slightly bent when two panels are coupled, causing the panels
to be urged together.
D.
Foreign Counterparts to the '486, '836, and '292 Patents
5.10.
Submitted herewith as Exhibit 5 is a list of each issued foreign patent and
pending foreign patent application corresponding to the '486, '836, and '292 patents. Other than
the items listed in Exhibit 5, there are no foreign patents or patent applications corresponding to
the '486, '836, or '292 patents that have been issued, abandoned, denied, or remain pending.
VI.
UNFAIR ACTS OF THE RESPONDENTS - PATENT INFRINGEMENT
6.1.
Upon information and belief, the accused laminated floor panels that have been
imported, sold for importation, and/or sold after importation into the United States by certain of
the proposed Respondents infringe directly claims 1, 14, 17, 19, 20,21, 37, 52, 65 and 66 of the
22
’486 patent, infringe directly claims 1,2, 10, 13, 18, 19,22,23,24 and 27 of the ’836 patent, and
infringe directly claim 1 - 6 of the ’292 patent.
6.2.
Photographs of accused laminated floor panels being manufactured in China and
sold for importation into the United States by proposed Respondent 3E are submitted herewith as
Exhibit 6 (sample A, photos 1-4; sample B, photos 5-7). Samples A and B were each obtained
at the Surfaces 2005 tradeshow (see Exhibit 48). Printed on the back of sample A is a logo with
the name “Green LSHB,” and what appear to be Chinese characters. Printed on the back of
sample B is a logo with the name “YIJIAZHUANGSHICAILIAO Co., Ltd.,” as well as what
appear to be Chinese characters. Additionally, submitted herewith as Exhibit 7 are photographs
of the joined profiles (sample A, short and long side; sample B, long side) with parts of the
tongue and groove labeled, and claim charts referencing the photographs and demonstrating how
exemplary independent claim 1 from each of the ‘486, ’836, and ’292 patents applies to proposed
Respondent 3E’s accused laminated floor panels.
6.3.
Photographs of the accused laminated floor panel being manufactured in China
and sold for importation into the United States by proposed Respondent AMZ are submitted
herewith as Exhibit 8. This sample was obtained at the Surfaces 2005 tradeshow (see Exhibit
51). Printed on the back of the sample is a logo with the name “AMZ” and what appear to be
Chinese characters. On the front is affixed a label printed with the name “AMZ LAMINATED
FLOORING,” and other information about the product. The label also includes the name of the
manufacturer “AMZ (GUANGZHOU) WOODEN INDUSTRIAL CO., LTD.” and what appear
to be Chinese telephone numbers. Additionally, submitted herewith as Exhibit 9 is a photograph
of the joined profile with parts of the tongue and groove labeled, and claim charts referencing the
23
photograph and demonstrating how exemplary independent claim 1 from each of the ‘486, ’836,
and ’292 patents applies to proposed Respondent AMZ’s accused laminated floor panel.
6.4.
and sold for importation into the United States by proposed Respondent CHANGZHOU
DONGJIA are submitted herewith as Exhibit 10. This sample was obtained at the Surfaces 2005
tradeshow (see Exhibit 51). Printed on the back of the sample is a logo with the word “Giraffe,”
and what appear to be Chinese characters. Additionally, submitted herewith as Exhibit 11 is a
photograph of the joined profile with parts of the tongue and groove labeled, and claim charts
referencing the photograph and demonstrating how exemplary independent claim 1 from each of
the ‘486, ’836, and ’292 patents applies to proposed Respondent CHANGZHOU DONGJIA’s
accused laminated floor panel.
6.5.
Photographs of the accused laminated floor panel being manufactured in China by
proposed Respondent HFC and/or a related company, proposed Respondent CHANGZHOU
SAILI WOOD, sold for importation into the United States by Respondent CHANGZHOU SAILI
WOOD, and sold within the United States after importation by Respondent HFC are submitted
48). Printed on the back of the sample is the name “HFC-HORIZON.” On information and
belief, Respondent HFC sells within the United States after importation infringing laminated
floor panels that it manufactures in China, as well as infringing laminated floor panels
manufactured in China and sold for importation into the United States by a related company,
proposed Respondent CHANGZHOU SAILI WOOD. See Exhibits 48,56,57. Additionally,
submitted herewith as Exhibit 13 is a photograph of the joined profile with parts of the tongue
and groove labeled, and claim charts referencing the photograph and demonstrating how
24
exemplary independent claim 1 from each of the ‘486, ’836, and ’292 patents applies to
Respondent HFC’s and Respondent CHANGZHOU SAIL1 WOOD’S accused laminated floor
panel.
6.6.
sold for importation into the United States by proposed Respondent CHANGZHOU WUJIN are
submitted herewith as Exhibit 14 (sample A, photos 1-3; sample B, photos 4-7; sample C, not
pictured). Samples A, B and C were each obtained at the Surfaces 2005 tradeshow (see Exhibit
51). Printed on the back of sample A is a logo and the name “DESAI.” Affixed to the back of
sample B is a label printed with the same logo, under which are what appear to be Chinese
characters, and other information about the product. Additionally, submitted herewith as
Exhibit 15 are photographs of the joined profiles (sample A long side; sample B, long side;
sample C, long and short sides) with parts of the tongue and groove labeled, and claim charts
referencing the photographs and demonstrating how exemplary independent claim 1 from each
of the ‘486, ’836, and ’292 patents applies to proposed Respondent CHANGZHOU WUJIN’s
accused laminated floor panels.
6.7.
Photographs of the accused laminated floor panel called “Art Plus” being
CHINA FLOORS are submitted herewith as Exhibit 16, as well as photographs of the product
packaging. This sample was purchased in the United States (see Exhibit 59). Additionally,
submitted herewith as Exhibit 17 are photographs of the joined profiles (long side and short
side) with parts of the tongue and groove labeled, and claim charts referencing the photograph
and demonstrating how exemplary independent claim 1 from each of the ‘486, ’836, and ’292
patents applies to proposed Respondent CHINA FLOOR’S accused laminated floor panel.
25
6.8.
and sold for importation into the United States by proposed Respondent HUZHOU YONGJI are
submitted herewith as Exhibit 18. This sample was obtained at the Surfaces 2005 tradeshow
(see Exhibit 51). Printed on the back of the sample is a logo with the name “Yong Ji,” under
which are Chinese characters. Upon information and belief, the English translation of some of
these characters means “Zhejiang province,” indicating the place of origin. Additionally,
submitted herewith as Exhibit 19 are photographs of the joined profiles (long side and short
side) with parts of the tongue and groove labeled, and claim charts referencing the photographs
and demonstrating how exemplary independent claim I from each of the ‘486, ’836, and ’292
patents applies to proposed Respondent HUZHOU YONGJI’s accused laminated floor panel.
6.9.
Photographs of accused laminated floor panels, and accompanying packaging,
being manufactured in China and sold for importation into the United States by proposed
Respondent LODGI WOODS, sold for importation into the United States by proposed
Respondent LODGI NA, and sold within the United States after importation by proposed
Respondent UNIVERSAL FLOOR are submitted herewith as Exhibit 20. Sample A (photos 13) was obtained at the Surfaces 2005 tradeshow (see Exhibit 48) and sample B (photos 4-1 1)
was purchased in the United States (see Exhibit 64). On information and belief, sample A and
sample B were both manufactured in China and sold for importation into the United States by
Respondent LODGI WOODS. See Exhibits 48,62-65. On information and belief, LODGI
WOODS and LODGI NA are related companies. Id. On information and belief, sample A was
sold for importation into the United States by Respondent LODGI NA, and sample B was sold
within the United States after importation by Respondent UNIVERSAL FLOOR. Id. Sample A,
in the color style Crimson Oak, is embossed on its back surface with a honeycomb pattern and
26
the word “FLOOR.” Sample B, which is 12 mm thick and of a product named “Regal” was
purchased from Respondent UNIVERSAL FLOOR. The back face of sample B is printed with a
square-shaped logo containing the letters “Q LG,” under which appear the words, “Q LG
WOODS HIGH QUALITY PRODUCTS.” This logo is similar to one that appears on the
LODGI NA business card obtained at the Surfaces 2005 tradeshow (see Exhibit 62). The box in
which sample B was purchased from Respondent UNIVERSAL FLOOR, and accompanying
installation instructions, each are printed with the name “LG North America” as well as the same
web address for LODGI NA (www.lgfloors.com) (see Exhibit 63). A sticker attached to the box
states “Made in China.” Additionally, submitted herewith as Exhibit 21 are photographs of the
joined profiles (sample A, long side; sample B, long and short sides) with parts of the tongue and
groove labeled, and claim charts referencing the photographs and demonstrating how exemplary
independent claim 1 from each of the ‘486, ’836, and ’292 patents applies to proposed
Respondents LODGI WOODS’, LODGI NA’s and UNIVERSAL FLOORING’S accused
6.10. Photographs of the accused laminated floor panel being manufactured in China
and sold within the United States after importation by proposed Respondent PACIFIC
FLOORING are submitted herewith as Exhibit 22. See Exhibits 48,66,67. This sample was
obtained at the Surfaces 2005 tradeshow (see Exhibit 48). Additionally, submitted herewith as
Exhibit 23 is a photograph of the joined profile with parts of the tongue and groove labeled, and
claim charts referencing the photograph and demonstrating how exemplary independent claim 1
from each of the ‘486, ’836, and ’292 patents applies to proposed Respondent PACIFIC
FLOORING’S accused laminated floor panel.
27
6.1 1. Photographs of the accused laminated floor panel being sold within the United
States after importation by proposed Respondent P.J. FLOORING, and manufactured in China
and sold for importation into the United States by an unknown company are submitted herewith
as Exhibit 24. See Exhibits 48,68. This sample was obtained at the Surfaces 2005 tradeshow
(see Exhibit 48). Additionally, submitted herewith as Exhibit 25 is a photograph of the joined
profile with parts of the tongue and groove labeled, and claim charts referencing the photograph
patents applies to proposed Respondent P.J. FLOORING’S accused laminated floor panel.
6.12.
sold for importation into the United States by proposed Respondent POWER DEKOR are
submitted herewith as Exhibit 26 (sample A, photos 1-4; sample B, photos 5-7). Samples A and
B were each obtained at the Surfaces 2005 tradeshow (see Exhibit 51). Affixed to the back of
the samples is a label printed with the name “Power Dekor,” a barcode, and other information
about the products. Additionally, submitted herewith as Exhibit 27 are photographs of the
joined profiles (sample A, long side; sample A joined to sample B, short sides) with parts of the
Respondent POWER DEKOR’s accused laminated floor panels.
6.13. Photographs of accused laminated floor panel being manufactured in China and
sold for importation into the United States by proposed Respondent SHANGHAI DEKORMAN
are submitted herewith as Exhibit 28 (sample A, photos 1-3; sample B, photos 4-6). Samples A
and B were each obtained at the Surfaces 2005 tradeshow (see Exhibit 48). Affixed to the front
of sample B is a label printed with the name “Dekorman.” Additionally, submitted herewith as
28
Exhibit 29 are photographs of the joined profiles (sample A, long side; sample B, long side) with
parts of the tongue and groove labeled, and claim charts referencing the photographs and
demonstrating how exemplary independent claim 1 from each of the ‘486, ’836, and ’292 patents
applies to proposed Respondent SHANGHAI DEKORMAN’s accused laminated floor panels.
and sold for importation into the United States by proposed Respondent SHANGHAI
ZHENGRUN are submitted herewith as Exhibit 30. This sample was obtained at the Surfaces
2005 tradeshow (see Exhibit 51). Additionally, submitted herewith as Exhibit 31 are
photographs of the joined profiles (long side and short side) with parts of the tongue and groove
labeled, and claim charts referencing the photographs and demonstrating how exemplary
independent claim 1 from each of the ‘486, ’836, and ’292 patents applies to proposed
Respondent SHANGHAI ZHENGRUN’s accused laminated floor panel.
6.15. Photographs of accused laminated floor panels being manufactured in Malaysia
and sold for importation into the United States by proposed Respondent STALHEIM
INDUSTRIES, and sold within the United States after importation by proposed Respondent
STALHEIM USA, are submitted herewith as Exhibit 32 (sample A, photos 1-3; sample B,
photos 4-6) (sample A and B are identical, but for their color). Samples A and B were each
obtained at the Surfaces 2005 tradeshow (see Exhibit 51). On the front of each sample is a
printed label with the name “CLICK-SEALED,” and other product information, including model
number and name. The label also identifies the manufacturer as STALHEIM INDUSTRIES,
located in Malaysia. See Exhibits 51,74, 75. Additionally, submitted herewith as Exhibit 33 is
a photograph of the joined profile with parts of the tongue and groove labeled, and claim charts
referencing the photograph and demonstrating how exemplary independent claim 1 from each of
29
the ‘486, ’836, and ’292 patents applies to proposed Respondent STALHEIM INDUSTRIES’
and proposed Respondent STALHEIM USA’s accused laminated floor panels (only one sample
is shown, the other being identical).
and sold for importation into the United States by proposed Respondent TSAILIN are submitted
48). Affixed to the back of the sample is a large label which shows a picture of a lion, the name
“SHENGWANG FLOOR,” and what appear to be printed and handwritten Chinese characters.
Also printed on the back are portions of a logo and what appear to be Chinese characters.
Additionally, submitted herewith as Exhibit 35 is a photograph of the joined profile with parts of
the tongue and groove labeled, and claim charts referencing the photograph and demonstrating
how exemplary independent claim 1 from each of the ‘486, ’836, and ’292 patents applies to
proposed Respondent TSAILIN’s accused laminated floor panel.
6.17. Photographs of accused laminated floor panels being sold for importation into the
United States by proposed Respondent VOHRINGER and an unknown company, and sold for
importation into the United States by proposed Respondent QUALITY CRAFT, are submitted
herewith as Exhibit 36. On information and belief, sample A (photos 1-3) was manufactured
abroad and sold for importation into the United States by an unknown company, and sold for
importation into the United States by Respondent QUALITY CRAFT. See Exhibits 48,77,78.
On information and belief, sample B (photos 4-5) was manufactured in China and sold for
importation into the United States by proposed Respondent VOHRINGER, and sold for
importation into the United States by Respondent QUALITY CRAFT. Id. On the back of
sample B is printed the name “Vohringer.” Samples A and B were each obtained at the Surfaces
30
2005 tradeshow (see Exhibit 48). Additionally, submitted herewith as Exhibit 37 are
photographs of the joined profiles (sample A, long side; sample B, long side) with parts of the
Respondent QUALITY CRAFT’S and proposed Respondent VOHRINGER’s accused laminated
floor panels.
and sold for importation into the United States by proposed Respondent YEKALON, and sold
for importation into the United States by proposed Respondent INTER SOURCE, are submitted
48). Affixed to the back of the sample is a yellow label printed with the name, “YEKALON
SAPPHIRE,” and other information about the product. See Exhibits 48,79-81. Additionally,
submitted herewith as Exhibit 39 is a photograph of the joined profile with parts of the tongue
and groove labeled, and claim charts referencing the photograph and demonstrating how
exemplary independent claim 1 from each of the ‘486, ’836, and ’292 patents applies to the
infringing laminated floor panels imported into the United States and/or sold after importation by
proposed Respondent YEKALON and proposed Respondent INTER SOURCE.
and sold for importation into the United States by proposed Respondent YINGBIN are submitted
48). Printed on the back of the sample is a logo with the name “NATURE,” and what appear to
be Chinese characters. Additionally, submitted herewith as Exhibit 41 is a photograph of the
joined profile with parts of the tongue and groove labeled, and claim charts referencing the
31
photograph and demonstrating how exemplary independent claim 1 from each of the ‘486, ’836,
and ’292 patents applies to proposed Respondent YINGBIN’s accused laminated floor panel.
6.20. Photographs of the accused laminated floor panels, and accompanying packaging,
being manufactured in China and sold for importation into the United States by proposed
Respondent FUJIAN YONGAN and an unknown company, and sold within the United States
after importation by proposed Respondents SALVAGE BUILDING and DALTON, are
submitted herewith as Exhibit 42. Samples A and B each were purchased in the United States
(see Exhibit 83). On information and belief, sample A (photo l), of a product named “Forest
Shade,” was manufactured in China and sold for importation into the United States by an
unknown company, and sold within the United States after importation by Respondents
SALVAGE BUILDING and DALTON. See Exhibits 83-87. The box in which sample A was
purchased (photos 2-3) from Respondent SALVAGE BUILDING is marked “Made in China.”
The box is additionally marked with the telephone number for DALTON FLOORING
LIQUIDATORS, which, on information and belief, is a fictitious name for Respondent
DALTON. On information and belief, sample B (photos 4-8) was manufactured in China and
sold for importation into the United States by proposed Respondent FUJIAN YONGAN, and
sold within the United States after importation by proposed Respondent SALVAGE BUILDING.
Id. Embossed on the back sample B is a cartoon image of leopard standing and pointing, a
square-shaped logo, the name “YONGAN INDUSTRY,” and what appear to be Chinese
characters. Additionally, submitted herewith as Exhibit 43 are photographs of the joined
profiles (sample A, long and short sides; sample B, long and short sides) with parts of the tongue
and groove labeled, and claim charts referencing the photographs and demonstrating how
32
Respondents SALVAGE BUILDING’S,DALTON’S,and FUJIAN YONGAN’s accused
6.21. Photographs of the packaging for accused laminated floor panels being
manufactured in China and sold for importation into the United States by an unknown company,
and sold within the United States after importation by proposed Respondent VEGAS
LAMINATE are submitted herewith as Exhibit 44. On information and belief, the samples, of a
product named “Rainbow,” were manufactured in China and sold for importation into the United
States by an unknown company and sold within the United States after importation by
Respondent VEGAS LAMINATE. See Exhibit 88. Sample A (photos 1-2) is 8 mm thick, and
sample B (photos 3-5) is 12 mm thick, and each was purchased in the United States from
Respondent VEGAS LAMINATE (see Exhibit 88). The boxes in which the samples were
purchased are marked “Made in China.” Additionally, submitted herewith as Exhibit 45 are
photographs (sample A, long and short sides; sample B, long and short sides) of the joined
profile with parts of the tongue and groove labeled, and claim charts referencing the photograph
patents applies to proposed Respondent VEGAS LAMINATE’S accused laminated floor panels.
6.22. Photographs of an accused laminated floor panel being manufactured in China
and sold for importation into the United States by proposed Respondent SHENGDA
FLOORING, and sold within the United States after importation by proposed Respondent
R.A.H. are submitted herewith as Exhibit 46. This sample was obtained in the United States
from a sales representative of Respondent R.A.H. (see Exhibit 89). On information and belief,
the samples, which represent different color styles of the same product, were manufactured in
China and sold for importation into the United States by Respondent SHENGDA FLOORING,
33
and sold within the United States after importation by Respondent R.A.H. See Exhibit 89.
Additionally, submitted herewith as Exhibit 47 is a photograph of the joined profile with parts of
the tongue and groove labeled, and claim charts referencing the photograph and demonstrating
how exemplary independent claim 1 from each of the ‘486, ’836, and ’292 patents applies to
proposed Respondent SHENGDA FLOORING and Respondent R.A.H. ’s accused laminated
floor panels.
VII.
SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE
7.1.
As stated above, on information and belief, certain proposed Respondents
manufacture and/or have manufactured outside of the United States, import into the United
States and/or sell for importation into the United States accused laminated floor panels shown in
photographs submitted herewith herewith. Additionally, certain other proposed Respondents
import into the United States and/or sell after importation into the United States accused
laminated floor panels shown in photographs submitted herewith herewith.
7.2.
Exhibit 6 includes photographs of accused laminated floor panels (sample A,
photos 1-4; sample B, photos 5-7), wherein the accused laminated floor panels are shown in
different views. Samples A and B were each obtained at the Surfaces 2005 tradeshow (see
Exhibit 48). Printed on the back of sample A is a logo with the name “Green LSHB,” and what
appear to be Chinese characters. Printed on the back of sample B is a logo with the name
“YIJIAZHUANGSHICAILIAO Co., Ltd.,” as well as what appear to be Chinese characters. On
information and belief, this product is being manufactured in China and sold for importation into
the United States by proposed Respondent 3E.
34
7.3.
Exhibit 48 is a declaration in which the declarant Jose L. Couto states that he
obtained in the United States, at the Surfaces 2005 tradeshow, physical samples of Respondent
3E’s accused laminated floor panels (see Paragraph 3).
7.4.
Exhibit 49 includes photocopies of pages from 3E’s sales brochure and a business
card from 3E’s sales representative obtained by the declarant evidencing that 3E is located in
Vancouver, Canada.
7.5.
Exhibit 50 includes pages printed from the 3E web site evidencing that 3E has a
factory located in China for manufacturing infringing laminated floor panels.
7.6.
Exhibit 8 includes photographs of an accused laminated floor panel, wherein an
accused laminated floor panel is shown in different views. This sample was obtained at the
Surfaces 2005 tradeshow (see Exhibit 51). Printed on the back of the sample is a logo with the
name “AMZ” and what appear to be Chinese characters. On the front is affixed a label printed
with the name “AMZ LAMINATED FLOORING,” and other information about the product.
The label also includes the name of the manufacturer “AMZ (GUANGZHOU) WOODEN
INDUSTRIAL CO., LTD.” and what appear to be Chinese telephone numbers. On information
and belief, this product is being manufactured in China and sold for importation into the United
States by proposed Respondent AMZ.
7.7.
Exhibit 51 is a declaration in which the declarant Christopher Gilio states that he
AMZ’ accused laminated floor panels (see Paragraph 3).
35
7.8.
Exhibit 52 includes photocopies of pages from AMZ’ sales brochure obtained by
the declarant evidencing that AMZ has a factory located in Guangzhou, China for manufacturing
infringing laminated floor panels.
7.9.
Exhibit 53 includes pages printed from Respondent AMZ’ web site evidencing
that AMZ has a factory located in Guangzhou, China for manufacturing infringing laminated
floor panels.
7.10. Exhibit 10 includes photographs of an accused laminated floor panel, wherein an
word “Giraffe,” and what appear to be Chinese characters. On information and belief, this
product is manufactured in China and sold for importation into the United States by proposed
Respondent CHANGZHOU DONGJIA.
7.11. Exhibit 51 is a declaration in which the declarant Christopher Gilio states that he
CHANGZHOU DONGJIA’ s accused laminated floor panels (see Paragraph 4).
7.12. Exhibit 54 includes a photocopy of a business card obtained from
CHANGZHOU DONGJIA’ s sales representative evidencing that CHANGZHOU DONGJIA is
located in China, and photocopies of pages from CHANGZHOU DONGJIA’s sales brochure
providing additional information about CHANGZHOU DONGJIA’s infringing laminated floor
panels. Both the business card and sales brochure were obtained by the declarant.
7.13. Exhibit 55 includes pages printed from Respondent CHANGZHOU DONGJIA’s
web site evidencing that CHANGZHOU DONGJIA has a factory located in Jiangsu, China for
36
manufacturing infringing laminated floor panels, and that it imports and/or sells for importation
its infringing laminated floor panels into the United States.
7.14.
Surfaces 2005 tradeshow (see Exhibit 48). Printed on the back of the sample is the name “HFCHORIZON.” On information and belief, this product is manufactured in China by proposed
Respondent HFC and/or proposed Respondent CHANGZHOU SAILI WOOD, and is sold within
the United States after importation by Respondent HFC. On information and belief,
CHANGZHOU SAILI WOOD and HFC are related companies.
7.15.
Exhibit 48 is a declaration in which the declarant Jose L. Couto states that he
obtained in the United States, at the Surfaces 2005 tradeshow, physical samples of Respondents
HFC’s and CHANGZHOU SAILI WOOD’s accused laminated floor panels, and that similar
laminated floor panels could be purchased from Respondent HFC FOB (free on board) Shanghai,
China (see Paragraph 4).
7.16.
Exhibit 56 is a photocopy of a business card obtained by the declarant from
HFC’s sales representative evidencing that HFC is affiliated with a company called
CHANGZHOU SAILI WOOD CO, LTD., located in Jiangsu, China.
7.17. Exhibit 57 includes pages printed from the HFC web site evidencing that HFC
has a factory located in China for manufacturing infringing laminated floor panels. The exhibit
further includes pages printed from Respondent CHANGZHOU SAILI WOOD’s web site
evidencing that HFC and CHANGZHOU SAILI WOOD are affiliated companies, that
CHANGZHOU SAILI WOOD is located in Jiangsu, China, and that CHANGZHOU SAILI
37
WOOD imports and/or sells for importation its infringing laminated floor panels into the United
States.
7.18.
photos 1-3; sample B, photos 4-7; sample C, not pictured), wherein the accused laminated floor
panels are shown in different views. Samples A, B and C were each obtained at the Surfaces
2005 tradeshow (see Exhibit 51). Printed on the back of sample A is a logo and the name
“DESAI.” Affixed to the back of sample B is a label printed with the same logo, under which
are what appear to be Chinese characters, and other information about the product. On
information and belief, these products are manufactured in China and sold for importation into
the United States by proposed Respondent CHANGZHOU WUJIN.
7.19.
CHANGZHOU WUJIN’s accused laminated floor panels (see Paragraph 5).
7.20. Exhibit 58 includes a photocopy of a business card obtained from
CHANGZHOU WUJI” s sales representative evidencing that CHANGZHOU WUJIN is located
in Jiangsu, China, and photocopies of pages from CHANGZHOU WUJN’s sales brochure
evidencing that CHANGZHOU WUJIN is located in China, and that its infringing laminated
floor panels are imported and/or sold for importation into the United States. Both the business
card and sales brochure were obtained by the declarant.
7.21.
Exhibit 16 includes photographs of an accused laminated floor panel called “Art
Plus,” wherein an accused laminated floor panel is shown in different views. This sample was
38
purchased in the United States (see Exhibit 59). The exhibit also includes photographs of the
packaging in which the accused laminated floor panels were purchased. On information and
belief, this product is manufactured in China and sold for importation into the United States by
proposed Respondent CHINA FLOORS.
7.22.
Exhibit 59 is a photocopy of an invoice dated February 22,2005 evidencing the
purchase in the United States of a box of CHINA FLOORS’ accused laminated floor panels
called “Art Plus.”
7.23. Exhibit 60 includes pages printed from the CHINA FLOORS web site evidencing
that CHINA FLOORS has a factory located in China for manufacturing infringing laminated
floor panels, and that CHINA FLOORS manufactures infringing laminated floor panels called
“Art Plus.”
name “Yong Ji,” under which appear Chinese characters. Upon information and belief, the
English translation of some of these characters means “Zhej iang province,” indicating the place
of origin. On information and belief, this product is manufactured in China and sold for
importation into the United States by proposed Respondent HUZHOU YONGJI.
7.25.
HUZHOU YONGJI’s accused laminated floor panels (see Paragraph 6).
39
7.26. Exhibit 61 includes pages printed from Respondent HUZHOU YONGJI’s web
site evidencing that HUZHOU YONGJI has a factory located in Huzhou, China for
manufacturing infringing laminated floor panels, and imports and/or sells for importation its
infringing laminated floor panels into the United States.
7.27. Exhibit 20 includes photographs of accused laminated floor panels, and
accompanying packaging, wherein the accused laminated floor panels and packaging are shown
in different views. On information and belief, sample A (photos 1-3) and sample B (photos 411) were both manufactured in China and sold for importation into the United States by proposed
Respondent LODGI WOODS. On information and belief, sample A was sold for importation
into the United States by proposed Respondent LODGI NA, and sample B was sold within the
United States after importation by proposed Respondent UNIVERSAL FLOOR. On information
and belief, LODGI WOODS and LODGI NA are related companies. Sample A was obtained at
the Surfaces 2005 tradeshow (see Exhibit 48) and sample B was purchased in the United States
(see Exhibit 64). Sample A, in the color style Crimson Oak, is embossed on its back surface
with a honeycomb pattern and the word “FLOOR.” Sample B, which is 12 mm thick and of a
product named “Regal” was purchased from Respondent UNIVERSAL FLOOR. The back face
of sample B is printed with a square-shaped logo containing the letters “Q LG,” under which
appear the words, “Q LG WOODS HIGH QUALITY PRODUCTS.” This logo is similar to one
that appears on the LODGI NA business card obtained at the Sur€aces 2005 trade show (see
Exhibit 62). The box in which sample B was purchased from Respondent UNIVERSAL
FLOOR, and accompanying installation instructions, each are printed with the name “LG North
40
America” as well as the same web address for LODGI NA (www.lgfloors.com) (see Exhibit 63).
A sticker attached to the box states “Made in China” (photo 11).
7.28. Exhibit 48 is a declaration in which the declarant Jose L. Couto states that he
LODGI NA’s accused laminated floor panels (sample A) (see Paragraph 5).
7.29. Exhibit 62 includes a photocopy of a business card obtained from Respondent
LODGI NA’s sales representative showing the Respondent’s logo. Also included are
photocopies of pages from Respondent LODGI NA’s sales brochure providing information about
the Respondent’s infringing laminated floor panels. Both the business card and sales brochure
were obtained by the declarant.
7.30. Exhibit 63 includes pages printed from Respondent LODGI NA’s web site
evidencing that a related company, LODGI WOODS, has a factory located in China for
manufacturing infringing laminated floor panels, evidencing that an abbreviation for LODGI NA
is “Lg Floors,” and providing other information about the Respondent and its infringing
7.31. Exhibit 64 is a photocopy of an invoice dated April 12,2005 evidencing the
purchase in the United States from Respondent UNIVERSAL FLOOR of one box of infringing
laminated floor panels manufactured in China by Respondent LODGI WOODS (sample B).
7.32. Exhibit 65 includes pages printed from Respondent LODGI WOOD’S web site
evidencing that Respondent LODGI WOODS has a factory located in China for manufacturing
infringing laminated floor panels, and providing other information about the Respondent and its
infringing laminated floor panels.
41
Surfaces 2005 tradeshow (see Exhibit 48). On information and belief, this product is
manufactured in China and sold within the United States after importation by proposed
Respondent PACIFIC FLOORING.
PACIFIC FLOORING’S accused laminated floor panels, and that similar laminated floor panels
could be purchased from Respondent PACIFIC FLOORING FOB (free on board) China (see
Paragraph 7).
7.35. Exhibit 66 includes photocopies of pages from Respondent PACIFIC
FLOORING’S sales brochure obtained by the declarant evidencing that PACIFIC FLOORING
has a factory located in Guangdong, China for manufacturing infringing laminated floor panels.
7.36. Exhibit 67 includes pages printed from Respondent PACIFIC FLOORING’S web
site evidencing that PACIFIC FLOORING has a factory located in China for manufacturing
infringing laminated floor panels, as well as facilities located in the United States for
warehousing and distributing infringing laminated floor panels after importation into the United
States.
42
manufactured in China and sold for importation into the United States by an unknown company
and sold within the United States after importation by proposed Respondent P.J. FLOORING.
P.J. FLOORING’Saccused laminated floor panels, and that similar laminated floor panels could
be purchased from Respondent P.J. FLOORING FOB (free on board) Shanghai, China (see
Paragraph 6).
7.39. Exhibit 68 includes a photocopy of a business card obtained by the declarant
from Respondent P.J. FLOORING’S sales representative at the Surfaces 2005 trade show.
7.40. Exhibit 26 includes photographs of accused laminated floor panels (sample A,
photos 1-4; sample B, photos 5-7), wherein the accused laminated floor panels are shown in
Exhibit 51). On information and belief, these products are manufactured in China and sold for
importation into the United States by proposed Respondent POWER DEKOR. Affixed to the
back of the samples is a label printed with the name “Power Dekor,” a barcode, and other
information about the products.
POWER DEKOR’s accused laminated floor panels (see Paragraph 7).
7.42. Exhibit 69 includes photocopies of pages from Respondent POWER DEKOR’s
sales brochure obtained by the declarant evidencing that POWER DEKOR has factories located
in Shenzhen, China and Jiangsu, China for manufacturing infringing laminated floor panels, and
43
a copy of a POWER DEKOR business card evidencing that POWER DEKOR is located in
China.
7.43. Exhibit 70 includes pages printed from Respondent POWER DEKOR’s web site
evidencing that POWER DEKOR has factories located in China for manufacturing infringing
7.44.
photos 1-3; sample B; photos 4-6), wherein the accused laminated floor panels are shown in
Exhibit 48). On information and belief, these products are manufactured in China and sold for
importation into the United States by proposed Respondent SHANGHAI DEKORMAN.
Affixed to the front of sample B is a label printed with the name “Dekorman.”
SHANGHAI DEKORMAN’ s accused laminated floor panels, and that similar laminated floor
panels could be purchased from Respondent SHANGHAI DEKORMAN FOB (free on board)
Shanghai, China (see Paragraph 9).
7.46.
Exhibit 71 includes a photocopy of a business card obtained from Respondent
SHANGHAI DEKORMAN’s sales representative, and photocopies of pages from Respondent
SHANGHAI DEKORMAN’s sales brochure evidencing that SHANGHAI DEKORMAN has a
factory located in China for manufacturing infringing laminated floor panels. Both the business
card and sales brochure were obtained by the declarant.
44
7.47. Exhibit 72 includes a page printed from Respondent SHANGHAI
DEKORMAN’s web site evidencing that SHANGHAI DEKORMAN has a factory located in
Shanghai, China for manufacturing infringing laminated floor panels.
SHANGHAI ZHENGRUN.
SHANGHAI ZHENGRUN’s accused laminated floor panels (see Paragraph 8).
SHANGHAI ZHENGRUN’s sales representative, and photocopies of pages from Respondent
SHANGHAI ZHENGRUN’s sales brochure evidencing that SHANGHAI ZHENGRUN is
located in Shanghai China. Both the business card and sales brochure were obtained by the
declarant.
7.51. Exhibit 32 includes photographs of similar accused laminated floor panels
(sample A, photos 1-3; sample B, photos 4-6), wherein the accused laminated floor panels are
shown in different views. Samples A and B were each obtained at the Surfaces 2005 tradeshow
(see Exhibit 51). On information and belief, these products are manufactured in Malaysia and
sold for importation into the United States by proposed Respondent STALHEIM INDUSTRIES,
45
and sold within the United States after importation by proposed Respondent STALHEIM USA.
On the front of each sample is a printed label with the name “CLICK-SEALED,” and other
product information, including model number and name. The label also identifies the
manufacturer as STALHEIM INDUSTRIES, located in Malaysia.
STALHEIM USA’s and STALHEIM INDUSTRIES’ accused laminated floor panels (see
Paragraph 9).
7.53. Exhibit 74 includes photocopies of pages from Respondent STALHEIM
INDUSTRIES’ sales brochure obtained by the declarant evidencing that STALHEIM
INDUSTRIES has a factory located in Malaysia for manufacturing infringing laminated floor
panels.
7.54. Exhibit 75 includes pages printed from Respondent STALHEIM INDUSTRIES
web site evidencing that STALHEIM INDUSTRIES has a factory located in Malaysia for
manufacturing infringing laminated floor panels, and that STALHEIM INDUSTRIES imports
and/or sells for importation its infringing laminated floor panels into the United States.
7.55.
TSAILIN. Affixed to the back of the sample is a large label which shows a picture of a lion, the
name “SHENGWANG FLOOR,” and what appear to be printed and handwritten Chinese
46
characters. Also printed directly on the back of the panel are portions of a logo and what appear
to be Chinese characters.
TSAILIN’s accused laminated floor panels (see Paragraph 10).
TSAILIN’s sales representative evidencing that TSAILIN is located in Shanghai China, and
photocopies of pages from Respondent TSAILI” s sales brochure evidencing that TSAILIN has
a factory located in Shanghai China for manufacturing infringing laminated floor panels. Both
the business card and sales brochure were obtained by the declarant.
7.58. Exhibit 36 includes photographs of accused laminated floor panels (sample A
(photos 1-3); sample B (photos 4-5)), wherein the accused laminated floor panels are shown in
Exhibit 48). On information and belief, the product represented by sample A is manufactured
abroad and sold for importation into the United States by an unknown company, and sold for
importation into the United States by proposed Respondent QUALITY CRAFT. On information
and belief, the product represented by sample B is manufactured in China and sold for
importation into the United States by proposed Respondent VOHRINGER, and is sold for
importation into the United States by Respondent QUALITY CRAFT. On the back of sample B
is printed the name “Vohringer.”
47
VOHRINGER’s and QUALITY CRAFT’S accused laminated floor panels (see Paragraph 8).
7.60. Exhibit 77 includes pages printed from Respondent QUALITY CRAFT’Sweb
site evidencing that the headquarters of QUALITY CRAFT is located in Vancouver, Canada,
and that QUALITY CRAFT also has offices located in Guangdong and Shanghai China. The
web pages also show that QUALITY CRAFT sells laminated floor panels under a variety of
names. On information and belief, QUALITY CRAFT obtains from foreign manufacturers
(including VOHRINGER) infringing laminated floor panels manufactured in China and other
foreign countries, packages them under its own names, and sells them for importation into the
United States.
7.61. Exhibit 78 includes pages printed from Respondent VOHRINGER’s web site
evidencing that VOHRINGER has a factory located in Shanghai China for manufacturing
infringing laminated floor panels, and imports and/or sells for importation infringing laminated
floor panels into the United States.
YEKALON, and sold for importation into the United States by proposed Respondent INTER
SOURCE. Affixed to the back of the sample is a yellow label printed with the name,
“YEKALON SAPPHIRE,” and other information about the product.
48
YEKALON’s and INTER SOURCE’S accused laminated floor panels (see Paragraph 11).
7.64. Exhibit 79 includes photocopies of pages from YEKALON’s sales brochure
obtained by the declarant evidencing that YEKALON is located in Shen Zhen, China.
7.65. Exhibit 80 includes pages printed from YEKALON’s web site evidencing that
YEKALON has a factory located in China for manufacturing infringing laminated floor panels,
that YEKALON’s production quality is guaranteed by a Chinese insurance company, and that
YEKALON imports and/or sells for importation its infringing laminated floor panels into North
America by ship.
7.66. Exhibit 81 is a photocopy of a business card obtained by the declarant from
INTER SOURCE’S sales representative evidencing that INTER SOURCE has locations in
Shanghai, China and Vancouver, Canada.
YINGBIN. Printed on the back of the sample is a logo with the name “NATURE,” and what
appear to be Chinese characters.
YINGBIN’s accused laminated floor panels (see Paragraph 12).
49
7.69.
Exhibit 82 includes pages printed from Respondent YINGBIN’s web site
evidencing that YINGBIN has factories located throughout China, including the cities of Shunde,
Guangdong, Jiangsu and Zhejiang, for manufacturing infringing laminated floor panels.
7.70. Exhibit 42 includes photographs of accused laminated floor panels, and
accompanying packaging, (sample A, photos 1-3; sample B photos 4-8) wherein the accused
laminated floor panels and packaging are shown in different views. Samples A and B each were
purchased in the United States (see Exhibit 83). On information and belief, sample A (photo l),
of a product named “Forest Shade,” was manufactured in China and sold for importation into the
United States by an unknown company, and sold within the United States after importation by
proposed Respondents SALVAGE BUILDING and DALTON. The box in which sample A was
purchased (photos 2-3) from Respondent SALVAGE BUILDING is marked “Made in China.”
The box is additionally marked with the telephone number for DALTON FLOORING
LIQUIDATORS (see photo 2), which, on information and belief, is a fictitious name for
Respondent DALTON. On information and belief, sample B (photos 4-8) was manufactured in
China and sold for importation into the United States by proposed Respondent FUJIAN
YONGAN, and sold within the United States after importation by Respondent SALVAGE
BUILDING. Embossed on the back sample B is a cartoon image of leopard standing and
pointing, a square-shaped logo, the name “YONGAN INDUSTRY,” and what appear to be
Chinese characters.
7.71.
Exhibit 83 is a declaration in which the declarant Shane Burton states that he
purchased in the United States from Respondent SALVAGE BUILDING physical samples of the
50
accused Forest Shade laminated floor panels (sample A), and physical samples of Respondent
FUJIAN YONGAN’s accused laminated floor panels (sample B).
7.72. Exhibit 84 includes pages printed from Respondent DALTON’S web site
evidencing that Respondent DALTON imports various products from China, sells Forest Shade
laminated floor panels wholesale and retail, and has the same toll-free telephone number (866279-8998) as printed on the Forest Shade box purchased from Respondent SALVAGE
BUILDING (see photo 2).
7.73. Exhibit 85 includes pages printed from the Hoover’s web site evidencing that
DALTON CARPET LIQUIDATORS, INC. does business as DALTON FLOORING
LIQUIDATORS.
7.74. Exhibit 86 includes photocopies of pages from Respondent FUJIAN YONGAN’s
brochure evidencing that Respondent FUJIAN YONGAN has a factory located in China for
manufacturing infringing laminated floor panels, and providing additional information about
Respondent FUJIAN YONGAN’s infringing laminated floor panels.
7.75. Exhibit 87 includes pages printed from Respondent FUJIAN YONGAN’s web
site evidencing that Respondent FUJIAN YONGAN has a factory located in China for
Respondent FUJIAN YONGAN’s infringing laminated floor panels.
7.76. Exhibit 44 includes photographs of packaging for accused laminated floor panels
(sample A, photos 1-2; sample B photos 3-5) wherein the packaging for accused laminated floor
panels is shown in different views. Samples A and B each were purchased in the United States
(see Exhibit 88). On information and belief, the samples, of a product named “Rainbow,” were
51
manufactured in China and sold for importation into the United States by an unknown company,
and sold within the United States after importation by proposed Respondent VEGAS
LAMINATE. Sample A (photos 1-2) is 8 mm thick, and sample B (photos 3-5) is 12 mm thick,
and have different short side profiles. The boxes in which the samples were purchased from
Respondent VEGAS LAMINATE are each marked “Made in China” (see photos 1,2,5).
7.77.
Exhibit 88 is a photocopy of an invoice dated April 13, 2005 evidencing the
purchase in the United States from Respondent VEGAS LAMINATE of two boxes of infringing
accused laminated floor panel is shown in different views. This sample was obtained in the
United States from a sales representative of proposed Respondent R.A.H. (see Exhibit 89). On
information and belief, the samples, which represent different color styles of the same laminated
floor panel, were manufactured in China and sold for importation into the United States by
proposed Respondent SHENGDA FLOORING, and sold within the United States after
importation by Respondent R.A.H.
7.79. Exhibit 89 is a declaration in which the declarant John Ardizzone states that she
obtained in the United States from Respondent R.A.H. physical samples of Respondent
SHENGDA FLOORING’S accused laminated floor panels, and a price quote from Respondent
R.A.H. listing the prices of different quantities of the accused laminated floor panels.
7.80. Exhibit 90 includes photocopies of pages from Respondent SHENGDA
FLOORING’Sbrochure evidencing that Respondent SHENGDA FLOORING has a factory
52
located in China for manufacturing infringing laminated floor panels, and providing additional
information about Respondent SHENGDA FLOORING’Sinfringing laminated floor panels.
7.81.
Exhibit 91 includes pages printed from Respondent SHENGDA FLOORING’S
web site evidencing that Respondent SHENGDA FLOORING has a factory located in China for
Respondent SHENGDA FLOORING’Sinfringing laminated floor panels.
7.82. Upon information and belief, the accused infringing laminated floor panels of
which Complainants are currently aware may be classified and imported under at least the
following Harmonized Tariff Schedule of the United States heading/subheading numbers:
441 1.19.3000, 441 1.19.4000, 441 1.29.2000 and 441 1.29.3000.
VIII. LICENSES
8.1.
Unilin Beheer, the assignee of the ‘486, ’836, and ’292 patents, granted Flooring
Industries a license under the ‘486, ’836, and ’292 patents, which includes exclusive rights and
the right to sublicense. Flooring Industries granted a non-exclusive sublicense to Unilin Flooring
under the ‘486, ’836, and ’292 patents. Public versions of these licenses are attached as Exhibits
99 and 100.
8.2.
Flooring Industries has additionally granted non-exclusive sublicenses under the
‘486, ’836, and ’292 patents to the entities listed in Confidential Exhibit 94, submitted herewith
(Bates Nos. FI 004999-FI 006212).
8.3.
Pursuant to Commission Rule 21 0.21(c)( l), three copies of the license agreements
pertaining to the ‘486, ’836, and ’292 patents are submitted confidentially with this Complaint.
53
IX.
THE DOMESTIC INDUSTRY
9.1.
Unilin Flooring manufactures within the United States a variety of laminated floor
panels, all of which feature the interlocking tongue and groove profiles that allow glueless
assembly of adjacent floor panels. These profiles, named "Uniclic@," are covered directly by
claims 14, 17,21, 52 and 66 of the '486 patent, claims 1, 10,23 and 27 of the '836 patent, and
claims 4 and 5 of the '292 patent.
9.2.
Among the laminated floor panels manufactured by Unilin Flooring in the United
States that use Uniclic', and are covered by claims of the '486, '836, and '292 patents, are two
brands named STEPS@and Harmonics'.
Exhibit 92 submitted herewith includes photographs
of the front and rear faces of STEPS@and Harmonics' floor panels (truncated lengthwise).
Additionally, submitted herewith as Exhibit 93 are photographs of the joined profiles of
STEPS@and Harmonics' floor panels with parts of the tongue and groove labeled. Also
included are claim charts referencing the photographs and demonstrating how the joined profiles
of STEPS@and Harmonics@floor panels are covered by exemplary claim 14 of the '486 patent,
exemplary claim 1 of the '836 patent, and exemplary claim 4 of the '292 patent.
9.3.
Unilin Flooring has made substantial investments in its plant located in
Thomasville, North Carolina where it manufactures the STEPS@and Harmonics@laminated
floor panels that use Uniclic@,and are covered by one or more claims of the '486, '836, and '292
patents. Confidential Exhibit 95 sets forth information regarding square footage of the plant,
and monies expended related to land and buildings.
9.4.
Unilin Flooring has made substantial investments in equipment at its plant located
in Thomasville, North Carolina where it manufactures the STEPS@and Harmonics' laminated
floor panels that use Uniclic@,and are covered by one or more claims of the '486, '836, and '292
54
patents. Confidential Exhibit 96 sets forth information regarding types of capital equipment in
use at the plant and monies invested in this and other equipment.
9.5.
Unilin Flooring employs substantial number of employees at its plant located in
Thomasville, North Carolina where it manufactures the STEPS' and Harmonics' laminated
floor panels that use Uniclic', and are covered by one or more claims of the '486, '836, and '292
patents. Confidential Exhibit 97 sets forth information regarding the number employees
employed by Unilin Flooring, and payroll.
X.
RELATED LITIGATION
10.1. The U.S. patents that are the subject of this Complaint are the subject of litigation
in the following actions:
(a)
The following three cases were consolidated after transfer of the first two from
the District for the District of Columbia, with the third case, case no. 2:02-cv01266, as the lead case. Pending before Judge Randa is a motion to realign the
cases making Unilin Beheer B.V. and Unilin Dicor N.V. plaintiff in all the cases.
Pending as well is a motion to amend the complaint to assert the '836 patent
against Armstrong World Industries, Inc. Fact discovery is ongoing and is
scheduled to conclude on July 29, 2005. A status conference is scheduled for
May 26,2005.
(0
Unilin Beheer B.V., Unilin Decor N.V. and BHK of America. Inc. v.
Valinge Aluminium AB, Alloc. Inc., Berry Floor N.V. Case No. 2:03-cv00342-RTR (E.D. Wis.), filed April 21,2003 for infringement of '486
patent. Prior to transfer, this action was known as case no. 1:OO-cv-01823,
filed on July 28, 2000 (J. Kessler).
(ii)
Unilin Beheer B.V. and Unilin Decor N.V. v. Berry Floor N.V.. Valinge
Aluminium AB, Alloc, Inc., Berry Finance N.V. and Armstrong- World
Industries, Inc. Case No. 2:04-cv-00121-RTR (E.D. Wis.), filed February
3,2004 for infringement of the '486 patent. Prior to transfer, this action
was known as case no. 1:01-cv-01571, filed on July 19,2001 (J. Kessler).
(iii)
Alloc, Inc. v. Unilin Decor N.V., Unilin Beheer B.V., Case No. 2:02-cv01266-RTR (E.D. Wis.), filed December 30,2002 for declaratory
judgment regarding the '836 patent.
55
(b)
Unilin Beheer B.V. and Flooring Industries Limited v. Ken Voss International,
Inc. Case No. 2:04-cv-00571-JES-DNF (M.D. Fla.), filed November 23,2004 for
infringement of the '486 and '836 patents. Fact discovery recently commenced
and is ongoing.
10.2. The foreign patents that are counterpart to the U.S. patents that are the subject of
this Complaint are the subject of litigation in the following actions:
Unilin Beheer B.V. v. Norske Skog Flooring in the Hamburg Landgerichte
(Germany) for infringement of German Utility Model No. DE 297 10 175 U. The
court ruled against the defendant on infringement on March 29,2001. An appeal
is pending.
Unilin Beheer B.V. v. Alloc and Berry Floor in the Hamburg Landgerichte
(Germany) for infringement of German Utility Model No. DE 297 24 428 U. The
court ruled against defendants on infringement on July 5,2002. An appeal is
pending.
Unilin Beheer B.V. v. Akzenta, Wiparquet and Dr. Hannig in the Hamburg
Landgerichte (Germany) for infringement of German Utility Model No. DE 297
10 175 U and European Patent No. EP 0 843 763. The court ruled against
defendants on infringement on July 12, 2002. An appeal is pending.
Unilin Beheer B.V. v. Kronotex in the Hamburg Landgerichte (Germany) for
infringement of German Utility Model No. DE 297 10 175 U and European Patent
No. EP 0 843 763. The court ruled against defendant on infringement on August
15,2002. An appeal is pending.
Unilin Beheer B.V. v. Hangzhou Singular Wood Industry Manufactory in the
Hamburg Landgerichte (Germany) for infringement of German Utility Model No.
DE 297 10 175 U. Court issued Jan. 18,2005 a preliminary injunction and
seizure order for samples appearing at a tradeshow in Hanover, Germany.
Defendant has not replied to a request to accept preliminary decision as final.
Unilin Beheer B.V. v. Naniinp Rolland Flooring Product Co Ltd in the Hamburg
Landgerichte (Germany) for infringement of German Utility Model No. DE 297
10 175 U. Court issued Jan. 18,2005 a preliminary injunction and seizure order
for samples appearing at a tradeshow in Hanover, Germany. Defendant has not
replied to a request to accept preliminary decision as final.
Unilin Beheer B.V. v. Zheiiiang Shaoxing Fudeli Timber Industry Co. Ltd in the
Hamburg Landgerichte (Germany) for infringement of German Utility Model No.
DE 297 10 175 U. Court issued Jan. 17,2005 a preliminary injunction and
seizure order for samples appearing at a tradeshow in Hanover, Germany.
Defendant has not accepted preliminary decision as final.
56
Unilin Beheer B.V. v. Oceanic Company Ltd in the Hamburg Landgerichte
(Germany) for infringement of German Utility Model No. DE 297 10 175 U.
Court issued Jan. 18,2005 a preliminary injunction and seizure order for samples
appearing at a tradeshow in Hanover, Germany. Defendant has not replied to a
request to accept preliminary decision as final.
Unilin Beheer B.V. v. Yekalon Industry Inc. in the Hamburg Landgerichte
(Germany) for infringement of German Utility Model No. DE 297 10 175 U.
Court issued Jan. 18,2005 a preliminary injunction and seizure order for samples
appearing at a tradeshow in Hanover, Germany. Defendant has not accepted
preliminary decision as final.
Unilin Beheer B.V. v. Kronoflooring in the Dusseldorf Landgerichte (Germany)
for infringement of European Patent No. EP 1 024 234. The case is currently
pending.
Unilin Beheer B.V. v. Kaindl in the Dusseldorf Landgerichte (Germany) for
infringement of European Patent No. EP 1 024 234. The case is currently
pending.
Unilin Beheer B.V. v. Kronotex in the Dusseldorf Landgerichte (Germany) for
pending.
Unilin Beheer B.V. v. Hamberger in the Dusseldorf Landgerichte (Germany) for
pending.
Unilin Beheer B.V. v. Berry Floor, B&O and IMC in the Patents Court, London
UK for infringement of European Patent No. EP 1024 234. The court ruled
against defendants on infringement on September 26,2003. Affirmed by the
Court of Appeal and House of Lords.
Unilin Beheer B.V. v. Kronotex in the Patents Court, London UK for
pending.
(P)
Unilin Beheer B.V. v. Kronoflooring in the Patents Court, London UK for
pending.
Unilin Beheer B.V. v. Kaindl in the Patents Court, London UK for infringement
of European Patent No. EP 1 024 234. The case is currently pending.
Unilin Beheer B.V. v. Sonae in the Patents Court, London UK for infringement of
European Patent No. EP 1 024 234. The case is currently pending.
57
Unilin Beheer B.V. and Unilin Flooring N.V. v. EPI in the Tribunaux de Grande
Instance, Paris, France for infringement of European Patent No. EP 0 843 763.
The court ruled the patent invalid and not infringed on September 28,2004. An
appeal is pending.
Unilin Beheer B.V. and Unilin Flooring N.V. v. Kronotex in Antwerp District
Court (Belgium) for infringement of Belgian Patent Nos. BE 1 010 339 and BE 1
010 487, and European Patent No. EP 0 843 763. The case is currently pending.
Unilin Beheer B.V. and Unilin Flooring N.V. v. Trinterio, Dekaply and T & G
Decor in Ghent District Court (Belgium) for infringement of European Patent
Nos. EP 0 843 763 and EP 1 026 341. The case is currently pending.
Unilin Beheer B.V. and Unilin Flooring N.V. v. Berry Floor in Ghent District
Court (Belgium) for infringement of Belgian Patent Nos. BE 1 010 339 and BE 1
010 487, and European Patent Nos. EP 0 843 763, EP 1 024 234 and EP 1 026
341. The case is currently pending.
Pursuant to Commission Rule 210.12(a)(5), there has been no other court or
agency litigation, foreign or domestic, involving the unfair acts or the subject matter of this
Complaint.
XI.
RELIEF REQUESTED
11.1. WHEREFORE, by reason of the foregoing, Complainants Unilin request that the
United States International Trade Commission:
(a)
institute an immediate investigation pursuant to 19 U.S.C. 8 1337 into the
violations of that section based on Respondents’ unlawful importation into the
United States, sale for importation into the United States, and/or sale in the United
States after importation of certain floor panels, including laminated floor panels,
that infringe one or more claims of U.S. Patent Nos. 6,006,486 and/or 6,490,836
and/or 6,874,292;
(b)
issue an exclusion order pursuant to 19 U.S.C. §1337(d), prohibiting from entry
into the United States laminated floor panels that are imported into the United
58
States, sold for importation into the United States, or sold within the United States
after importation that infringe one or more claims of U.S. Patent Nos. 6,006,486
and/or 6,490,836 and/or 6,874,292;
(c)
issue a permanent order pursuant to 19 U.S.C. §1337(f) directing Respondents to
cease and desist from importing, promoting, marketing, advertising,
demonstrating, warehousing of inventory for distribution, selling, and using floor
panels, including laminated floor panels, that infringe one or more claims of U.S.
Patent Nos. 6,006,486 and/or 6,490,836 and/or 6,874,292; and
(d)
grant such other and further relief as the Commission deems appropriate and just
under the law, based on the facts complained of herein and determined by the
investigation.
Dated: July 1,2005
Margaret-D. Macdonald
HOWREY LLP
1299 Pennsylvania Ave., N.W.
Washington, DC 20004
Telephone: 202-783-0800
John M. DiMatteo
Steven H. Reisberg
Art C. Cody
David D. Lee
Alexander H. Swimoff
WILLKIE FARR & GALLAGHER LLP
787 Seventh Avenue
New York, NY 10019
Telephone: 212-728-8000
Counsel for Unilin Beheer B.V., Flooring Industries
Ltd. and Unilin Flooring N.C. LLC
59
VEFUFICATION OF COMPLAINT
I, Bernard P.J.Thiers, declare, in accordance with 19 C.F.R. 210.4 and 210.12(a), under
penalty of perjury, that the following statements are true:
1.
I am the Chief Executive Officer of Unilin Flooring N.C. LLC, and I am duly
authorized to sign this Complaint on behalf of all of the Complainants;
2.
I have read the foregoing Complaint;
3.
To the best of my knowledge, information, and belief, based upon reasonable
inquiry, the foregoing Complaint is well-founded in fact and is warranted by existing law or by a
non-frivolous argument for the extension, modification, or reversal of existing law, or the
establishment of new law;
4.
The allegations and other factual contentions have evidentiary support or are
likely to have evidentiary support after a reasonable opportunity for further investigation or
discovery; and
5.
The foregoing Complaint is not being fi
harass or cause unnecessary delay or needless increase
Executed this
L3%
day of May, 2005.

Re: Certain Laminated Floor Panels

Transcription

Similar documents

Inspiring Surface Design

16` x 20` SBS Caribou Hut

ConEdison Solutions, Gexa, Pepco Energy 7:30am

deumidificatore comfee

azendi jewellers

here - The Scott Law Group PS

Project: Divisidero Shell Gas Station, San Francisco, CA

NATURAL REFLECTIONS

Leeds Utd

4M605051 Raaco Kufry na náradie Polypropylene XL - 34