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8/18/2019 Cambria ITC Request
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F I S H .FISH & RICHARDSON
DOCKET
number
5 ^ 1
Office oftheSecretary
Int'l TradeCommissionV I A H A N D D E L I V E R Y
April 14, 2016
H o n o r a b l e Lisa R . Bar ton
SecretaryUnited States Internat ional Trade Commiss ion
50 0 E Street, S.W.Washington, D.C. 20436
Re: In the Matter of Certain Quartz Slabs and Portions Thereof; Inv. No. 337-TA-
Fish & R i c ha r d so n P. C .1425 K Street , N.W.1 1 th F lo o rWashington, DC 200052 0 2 783 5 0 7 0 m a i n
2 0 2 783 2331 fa x
Ahmed J. [email protected] 0 2 6 2 6 6379 direct
Dear Secretary Barton:
Enclosed for filing onbehalfof Cambria Company LLC ( Complainant ) are documents insupport of Complainant's request thatthe Commission commencean investigation pursuanttoSection337 of the TariffAct, as amended. Pursuantto the Commission's Rules of Practice andProcedure, a request for confidential treatmentof Exhibits 38 and 39 is submitted concurrently.
Accordingly, Complainant submits the following:
An original and eight (8) copies of the verified Complaintand one (1) CD of the Non-Confidential Exhibitspursuant to 19 C.F.R § 210.8(a)(l)(i);
2. One (1) CD of the ConfidentialExhibits pursuantto 19 C.F.R § 210.8(a)(l)(ii);
3. Two (2) additional copiesof the Complaint and two (2) sets of CDs containing theConfidentialand Non-Confidential Exhibits for the proposed respondents pursuantto 19C.F.R §210.8(a)(l)(iii);
4. One (1) certified copy each of U.S. Design Patent Nos. D712,670, D713.154,D737,058,D737,576. D737,577 and D738,630 ( the '670, '154, '058, '576, '577 & 630 patents' )included with the Complaint as Exhibits 1 through 6 respectively, pursuantto 19 C.F.R §210.12(a)(9)(i);
5. One (1) certified copy each of the prosecution historiesof the '670, '154. '058, '576,'577 & '630 patents, included withthe Complaintas Appendices A through Frespectively, plus three (3) additional copies thereof/pursuantto 9 C.F.R §210.12(c)(1);
f r. com
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F I S H .FI SH & RICHARDSON
April 14,2016Page 2
6. One (1) certified copy of the assignment records of the 670, 154, '058, '576, '577 &'630 patents, included with the Complaint as Exhibits 7 through 12 respectively, pursuantto 19 C.F.R§ 210.12(a)(9)(H);
7. Four (4) CDs of the technical references identified in the prosecution histories of the'670, '154, '058, '576, '577 & '630 patents, included with the Complaint as AppendicesG through L respectively, pursuant to 19 C.F.R § 210.12(c)(2);
8. A request for the confidential treatment of the accompanying Confidential Exhibitspursuant to 19 C.F.R § 201.6(b); an d
9. A statement regarding the public interest pursuant to 19 C.F.R § 210.8(b).
Sincerely,
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F I S H .FISH & RICHARDSON
Fish & Richardson P.C.1425 K Stree t, N.W.11 th F loorWashington, DC 200052 02 7 83 5070 m a i n20 2 78 3 2331 fa x
A h m e d J. [email protected] 6 2 6 6 3 7 9 direct
V I A H A N D D E L I V E R Y
April 14,2016
H o n or a bl e L i sa R . Bar ton
SecretaryUnited States International Trade Commission
500 E Street, S.W.Washington, D.C. 20436
Re: In the Matter of Certain Quartz Slabs and Portions Thereof; Inv. No. 337-TA-
Dear Secretary Barton:
Cambria CompanyLLC ( Complainant ) by counsel, hereby requests,pursuant to 9 C.F.R. §201.6, confidentialtreatment of the confidentialbusiness informationcontained in ConfidentialExhibits 38 and 39 to Complainant'sComplaint transmitted herewith.Confidentialtreatment issought forthe following Confidential Exhibits:
38C which describes, among other things,facts and informationsupporting the domesticindustry allegations; and
2. 39C which describes, among other things,non-public facts and information relatingto theimportation of the accused products.
3. The information describedabove qualifies as confidential informationpursuant to 19C.F.R. § 201.6 because it is not available to the public; unauthorizeddisclosure ofsuchinformation couldcause substantial harm to Complainant's competitive position; and thedisclosure ofthe information for which Complainant seeks confidential treatment couldimpair the Commission'sability to obtain information necessaryto perform its statutoryf u n c t i o n s .
A h m e d J. Dav i s
fr.com
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U N I T E D S TAT E S I N T E R N AT I O N A L T R A D E C O M M I S S I O N
WA S H I N G TO N , D .C . 2 04 36
In the Mat te r o f
CERTAIN QUARTZ SLABS ANDP O RTI O NS T H E R E OF
InvestigationN o. 3 3 7 - TA -
C O M P L A I N A N T S S T AT E M E N T O N T H E P U B L I C I N T E R E S T
In support of its complaint filed April 14, 2016, Complainant Cambria Company LLC
( Cambria or Complainant ) herebysubmits this public interest statement, as required by 19
C.F.R. § 210.8(b). As discussed below, the remedy sought against proposed Respondents
Wilsonart LLC and Dorado Soapstone LLC (collectively Respondents ) will not have an
adverse effect on the public health or welfare, competitive conditions in the United States
economy, production of like or directly competitive articles in the United States, or U.S.
o n s u m e r s
Theaccused products in this investigation, as identified in the accompanying complaint,
are certamquartz slabs and portions thereof (hereinafter quartz slabs ),manufactured by or on
behalf of the named Respondents, that infringe one or more of the assertedpatents. The
requested remedial orders, which would exclude only certain quartz slabs manufactured or sold
by Respondents are not contrary to the public interest. The Commissionhas long recognized the
strong public interest in enforcing intellectual property rights. See Certain Baseband Processor
Chips and Chipsets, Transmitter and Receiver Radio Chips, Power Control Chips, and
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orders would only exclude the subset of quartz slabs that copy Complainant's patented design.
The relief sought would notbar importation of quartz slabs generally. The particular designs that
would be the basis for exclusion do not have any particular significancewith respect to the
public health, safety, or public welfare. In this regard, the requestedremedial orders are similar
to those requested in other investigations based solely on the aesthetic appearance of the
particular accused products, e.g., Certain Glassware, Inv. No. 337-TA-767 and Certain
Foldable Stools, Inv. No. 337-TA-693) in whichthe Commission did not delegate the public
interest i ss ue s t o th e ALJ .
Rule 210.8(b)(3) Identification of like or directly competitive articles that
Complainants or third parties make that would replace the subject articles i f they
w e r e t o b e e x c l u d e d
Complainants design, manufacture, and sell quartz slabs in over one hundred different
designs to numerous customers in the United States. In addition, other competitors besides
Complainants and the proposedRespondents exist in the United States marketfor quartz slabs,
suchas E. I. du Pontde Nemours ( DuPont ) and Caesarstone Sdot-Yam ( Caesarstone ).
Quartz slabs sold by such other competitors include numerous designs that would not be affected
by any of the relief soughtin the Complaint. Indeed, even the named respondents sell alternative
quartz slab designs that are not implicated by the relief sought in this investigation. Thus, if the
accused products at issue in this investigation were excluded, consumers would continue to have
ample access to quartz slabs.
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Rule 210.8 b 4 Identification of whether the Complainants have the capacity to
replace the volume of articles subject tothe requested remedial orders in a
commercially reasonable time in the United States
The accused articles in this investigation consist of quartz slabs and portions thereof that
have a particularappearance such that it infringes certain of Cambria's design patents. The
exclusionorders soughtwould not cover any of the numerous alternative countertop designs
available toa purchaser. Further, alternativesother than respondents' quartz slabs are available
inthe market. In 2015, it was reported that only approximately5% ofthe new kitchens inthe
United States had engineered quartz countertops,and it stands to reason that only a portion ofthat 5 represents Respondents' infringing products.
Countertops of other materials,as well as the engineered materials of Cambria can
readily fill the void in the market that wouldresult from the exclusion of the infringing products.
As noted in the previous section, Complainantis a major supplier of countertop productsin the
United States. Moreover, as discussed above,otherparticipants in the United States quartz
countertop market, suchas DuPont and Caesarstone would continue to supply the U.S. market
with quartz in the event that Respondents' infringingdesigns were excluded. Still further, as
noted above, Respondents can themselves continue to supply the U.S. market with quartz as the
relief sought concernsonly a fraction of the designs offeredby the Respondents. Complainant
and, on information and belief, competitors suchas DuPont and Caesarstonehave the ability to
expand their manufacturing capacitysufficiently to replace the volumeof articles that would be
subject to the requested remedial orders. Indeed, Complainanthas repeatedly and significantly
expanded its manufacturing capacityin recent years, even doublingits capacity in 2013. Thus,
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there isno basis for concern thatthe requested relief would deprive purchasersinthe United
States of reasonable access to quartz slabsforuseas countertops andthe like.
C O N C L U S I O N
Ifthe Commission grantsthe requested remedialorders, the public interestin protecting
Complainant's validand enforceable intellectual propertyrights will be served. In addition, the
accused products arenot necessary to anyhealthor welfare need, andan adequate supplyof
substitute quartz slabswill be available through Complainant and other competitors. As such,
the strong public interest in protecting Complainant's intellectual propertyrights outweighs any
potential adverse impact on the public.
Dated: April 14, 2016
Respectfully submitted,
F I S H & R I C H A R D S O N P.C.
Ahmed J. DâT h o m a s S . F u s c o
Christopher DryerEr in M . B . L e a c h
F I S H & R I C H A R D S O N P.C.1425: K Street, NW, 11th FloorWashington, DC 20005Telephone: (202) 783-5070Facsimile: (202) 783-2331
J o h n S. G o e t z
K r i st e n M c C a l li o nFISH & RICHARDSON P.C.601 Lexington Avenue, 52nd FloorNew York, NY 10022Telephone: (212)-765-5070
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L I S T O F E X H I B I T S
Certified Copy of U.S. Design Patent No. D712,670Certified Copy of U.S. Design Patent No. D713,154
Certified Copy of U.S. Design Patent No. D737,058Certified Copy of U.S. Design Patent No. D737,576
Certified Copy of U.S. Design Patent No. D737,577Certified Copy of U.S. Design Patent No. D738,630Certified Copy of Assignment Records for U.S. Design Patent No.D712,670
Certified Copy of Assignment Records for U.S. Design Patent No.D 7 1 3 J 5 4
Certified Copy of Assignment Records for U.S. Design Patent No.D 7 3 7 . 0 5 8
Certified Copy of Assignment Records for U.S. Design Patent No.D737,576
Certified Copy of Assignment Records for U.S. Design Patent No.D737,577
Certified Copy of Assignment Records for U.S. Design Patent No.D738,630
Wilsonart Guide Specification Section 12 3661.19 Quartz SurfacingCountertopsA N S I / N S F 51-1997 Standard
NSF International Website Excerpt (http://www.nsf.org/consumer-resources/what-is-nsf-certification/) (last accessed Feb. 5, 2016)NSF Product and Service Listings, NSF/ANSI 51 Food EquipmentMaterials. Wilsonar t L L C
Wilsonart Quartz Collection Press Release (January 20, 2015)E.B. Bradley Co. brochureadvertisingall five infringing designs for salein numerous locations, including in Seattle,.Los Angeles, San Francisco,Portland,and San DiegoWurth Wood Groupbrochureadvertisingall five infringing designs forsale in locations in Maryland, Virginia, North Carolina, South Carolina,Tennessee, Alabama, Georgia, and FloridaFalfas Cabinetand Stonewebsite offering all five infringing designs for
sale at location in Sarasota, FloridaQuality Surfaces website excerptsshowing all five infringing designs forsale in Spencer, IndianaDorado Facebook Post Advertising NUSTONE ProductsNUSTONE Website ExcerptsPanjivaImportation Database RecordFor Quartz Slabs Imported byWi l so n a rt L L C
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^lSilNumblS
2 5
26
2 7
2 8
2 9
31
3 2
3 d
3 9
4 0
41
4 2
Panjiva Importation DatabaseRecords For Quartz Slabs ImportedbyDorado Soapstone LLCPhotograph ComparingWilsonart's Arno Design tothe '670 PatentPhotograph ComparingWilsonart's Aurora Design tothe '058 PatentPhotograph ComparingWilsonart's Badaling Design to the '576 PatentPhotograph ComparingWilsonart's Santiago Design to the '577 PatentPhotograph ComparingWilsonart's Murren Design to the '630 PatentPhotograph Comparing Dorado's Tundra Designto the '154 PatentPhotograph Comparing Cambria's Bradshaw™ Designto the '670 PatentPhotograph ComparingCambria's Galloway™ Design to the '154 PatentPhotograph ComparingCambria's Menai™ Design to the '058 PatentPhotograph Comparing Cambria's Castlemartin™ Designto the '576Patent
Photograph ComparingCambria's Berwyn™ Designto the '577 PatentPhotograph ComparingCambria's Fairbourne™ Design to the '630 PatentDeclaration of Jim Ward Regarding Cambria's Domestic IndustryDeclaration of Peter Martin Regarding Importation of Accused ProductsQuartz Slab Importation AnalysisLetter From Peter Martin to Wilsonart Regarding Infringement ofCambria Intellectual Property RightsLetters to DoradoRegarding Infringementof the '154 Patent
u
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Phvsical Exhibi t N o. 1
Physical Exhibit No. 2
Physical Exhibit No . 3
P h ys ic a l E x hi b it N o . 4
Physical Exhibit No. 5
Physical Exhibit No . 6
Physical Exhibit No. 7
P h v s ic a l E x h ib i t N o. 8
Physical Exhibit No . 9
Physical Exhibit No. 10
Physical Exhibit No . 11
Physical Exhibit No . 12
Physical Exhibit No . 13
Physical Exhibit No . 14
Phvsical Exhibi t No. 15
Physical Exhibit No. 16
Physical Exhibit No . 17
Physical Exhibit No . 18
L I S T O F P H Y S IC A L E X H I B I T S
Color Photograph Submitted to the USPTO for U.S. Design PatentNo. D712,670
Color Photograph Submitted to the USPTO for U.S. Design PatentNo. D 7 1 3 J 5 4
Color Photograph Submitted to the USPTO for U.S. Design PatentN o . D737 .058
Color Photograph Submitted to the USPTO for U.S. Design PatentNo. D737,576
Color Photograph Submitted to the USPTO for U.S. Design PatentNo. D737,577
Color Photograph Submitted to the USPTO for U.S. Design PatentN o . D 7 38 , 63 0
Physical Sample of Accused Wilsonart Arno Product
Physical Sample of Accused Wilsonart Aurora ProductPhysical Sample of Accused Wilsonart Badaling Product
Physical Sample of Accused Wilsonart Santiago Product
Physical Sample of Accused Wilsonart Murren Product
Physical Sample of Accused Dorado Tundra ProductPhysical Sample of Cambria's Bradshaw™ Domestic IndustryP r o d u c t
Physical Sample of Cambria's Galloway™ Domestic IndustryP r o d u c t
Physical Sample of Cambria's Menai™ Domestic Industry ProductPhysical Sample of Cambria's Castlemartin™ Domestic IndustryP r o d u c t
Physical Sample of Cambria's Berwyn™ Domestic IndustryP r o d u c t
Physical Sample of Cambria's Fairbourne™ Domestic IndustryP r o d u c t
m
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_A_
B_
_C_D
G
H
K
L
LIST O F APPENDICES
;;g)i^(a^ jX8HB •Certified Copy of File Wrapper for U.S. Design PatentNo. D712,670Certified Copy of File Wrapper for U.S. Design Patent No. D713,154
Certified Copy of File Wrapper for U.S. Design PatentNo. D737,058Certified Copy of File Wrapper for U.S. Design Patent No. D737,576Certified Copy of File Wrapper for U.S. Design PatentNo. D737,577Certified Copy of File Wrapperfor U.S. Design PatentNo. D738,630Technical References Cited in File Wrapper for U.S. Design Patent No.D712,670Technical References Cited in File Wrapper for U.S. Design Patent No.D712,154Technical References Cited in File Wrapper for U.S. Design PatentNo.D737,058
Technical References Cited in File Wrapper for U.S. Design PatentNo.D737,576Technical References Cited in File Wrapper for U.S. Design PatentNo.D737,577
Technical References Cited in File Wrapper for U.S. Design Patent No.D738,630 .
I V
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I. I N T R O D U C T I O N
1. This Complaint is filed by Cambria CompanyLLC ( Cambria ) under Section337
of the TariffActof 1930, as amended, 19 U.S.C. § 1337, based on the unlawful importationinto
the United States, thesalefor importation into the United States, and/orthe sale within the United
States after importation by proposed Respondentsof certain quartz slabs and portions thereofthat
infringe the claims of United States Design Patent Nos. D712,670 ( the '670 patent ), D713,154
( the '154 patent ), D737,058 ( the '058 patent ), D737,576 ( the '576 patent ), D737,577 ( the
'577 patent ), and D738,630 ( the '630 patent ) (collectively, the Asserted Patents ).
2. Cambria is a leading designer and manufacturer of quartzproducts specializing in
quartz surface products. Foundedin 2000, Cambria has been atthe forefront of the development
of the rapidly-expanding UnitedStates market forquartz surface products. Cambria prides itself
as being the only family-owned,American-made producer of quartz surface products, withits
headquarters locatedin Belle Plaine, Minnesotaand its production facility in Le Sueur, Minnesota.
Since its founding, Cambria has repeatedly and dramatically expanded its production capacity in
order to meet the rising demand for its products. In addition to the superior craftsmanship and
quality control affordedby Cambria's production of quartz surface products in the United States,
much of Cambria's success has been due to its innovative designs, many of which are the subject
of United States patent rights.
3. The success of Cambria's quartz surface products has attracted numerous
competitors to the marketplace, including WilsonartLLC ( Wilsonart ) and Dorado Soapstone
LLC ( Dorado ) (collectively, the proposed Respondents ). The proposed Respondents
manufacture, import, sell for importation into the United States, and/or sell after importationinto
the United States quartz slabsand portions thereof. Manyof the quartz slabs and portions thereof
imported by the proposed Respondents embodyCambria's innovative designs that are protected
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by U.S. design patents owned by Cambria. As set forth in Section VI below, these products
(referred to herein asthe Accused Products ) are manufactured abroad in locations such as China,
India, and Portugal, and are imported for sale into the United States. Cambriais aware of products
imported by the proposed Respondentsthat incorporate at least the designs covered bythe '670
patent, the '154 patent, the '058 patent, the '576 patent, the '577 patent, and the '630 patent.
4. The importation of knock-off quartz slabs, includingthose covered bytheAsserted
Patents, is a substantial and growing problem for the United States domestic industry. For
example, the volume of quartz slabs being imported has increased approximately six-fold in the
past five years. See Exhibit No. 40 (Quartz Slab Importation Analysis). Furthermore, these
imported quartz slabsare typicallyimportedunder subheadings of the Harmonized TariffSchedule
such as 6810.99.00 (Agglomerated quartzslabs of the type used for countertops)which are subject
to no tariff when being imported into the United States, whereas quartz slabs manufactured in the
UnitedStatesby Cambriaare typicallysubject to tariffs when being exportedto othercountries.
5. Certified copies of Cambria's Asserted Patents are included as Exhibit Nos. 1-6. In
addition, because coloris an essential elementof Cambria's patenteddesigns, Cambria submitted
color photographs representative of its claimed designs during the prosecution- of each of the
Asserted Patents. See Appendix Nos. A-F (CertifiedCopiesof the File Wrapper foreachAsserted
Patent); 37 C.F.R. §§ 1.152,1.84 (authorizing the submissionof color photographsin design patent
applications). High-quality colorcopies of the photographsfiled withthe United States Patentand
Trademark Office for each of the Asserted Patents are included with this Complaint as Physical
ExhibitNos. 1-6. Cambria owns all rights and title in each of the Asserted Patents, including the
right to sue for infringement. Certified copies of the assignment records for each of Cambria's
AssertedPatents are included as Exhibit Nos. 7-12. Certified copies of the file histories of each
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of the AssertedPatentsand technicalreferencescited therein are includedas Appendices A-Fand
G-L, respectively.
6. A domestic industryas required by 19 U.S.C. §§ 1337(a)(2) and (3) exists in the
United States relating to articles protected by Cambria's Asserted Patents, including significant
investment in plant and equipment, significantemployment of labor and capital, and substantial
investment in the exploitation of the designs claimed in Cambria's Asserted Patents, including
through engineering, research, and development.
7. Cambria seeksreliefin the formof a permanent general exclusion order forbidding
entry into the United States all quartz slabs and portions thereof thatinfringe any of the AssertedPatents. Alternatively, Cambriaseeks a permanent limited exclusionorder barring entry into the
United States all quartz slabs and portions thereof made by or on behalf of Respondents, that
infringe any of the Asserted Patents. Cambria further seeks permanent cease and desist orders
under 19 U.S.C. § 1337(f) prohibiting proposed Respondents from importing, marketing,
advertising, demonstrating, distributing, warehousing inventoryfor distribution, selling, offering
for sale, or using quartz slabs or portions thereofthat infringe any of the Asserted Patents.
II. T H E P A RT IE S
A. Complainant
8. Complainant Cambriais a limited liabilitycompany organized under the laws of
Minnesota and having its principal placeof business at 805 Enterprise Drive East, Suite H, Belle
Plaine, Minnesota, 56011. Cambria owns the Asserted Patents and the right to sue for all
infringement thereof.
9. Cambria is a leading supplier and innovator inthe area of quartz surface products
and has significant operationsin the United States, includingwith respect to the designsprotected
by Cambria's Asserted Patents. Cambria's innovative, patented designs are the product of
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extensive engineering, research, and development in the United States, and Cambria's commercial
surfaceproducts embodying its designs aremanufactured entirelyin theUnitedStatesat Cambria's
production plant in Le Sueur, Minnesota.
B. Proposed Respondents
10. Oninformation and belief, proposed respondent WilsonartLLC is a limited liability
company organized under the laws of Delaware and having its principal place of business at 2501
Wilsonart Dr., Temple, Texas, 76504. On information and belief, Wilsonart develops,
manufactures, imports, sells for importation, and/or sells after importation into the United States
quartz slabs and portions thereof under the trade name Wilsonart Quartz.
11. On information and belief, proposed respondent Dorado Soapstone LLC is a limited
liabilitycompany organizedunder the laws of Colorado with its principalplace of business at 940
S. Jason St. Unit 9, Denver, Colorado, 80223. On information and belief, Dorado develops,
manufactures, imports, sells for importation, and/or sells after importation into the United States
quartz slabs and portions thereof under the trade name NUSTONE quartz.
T H E T E H N O L O G Y N D P R O D U T S T S S U
12. The products at issue are quartz slabs and portions thereof. The Accused Products
are engineered to embody a specific visualdesign. At issue inthis proceeding is the visual designs
of the Accused Products, which infringe the asserted United Statesdesign patents owned by
Cambria. The Accused Products are imported into the United States after manufacture abroad and
are in turn used by businesses and individuals in the United States for use in surfaces such as
countertops. The Accused Products are sold for importation into, imported into, and sold after
importation intothe United States by or on behalfof the proposed Respondents.
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IV . T H E A S SE RT E D PAT E N TS
13. The Asserted Patents protect the ornamental features of Cambria's quartz designs.
Cambria owns by assignment the entire right, title, and interest in and to each of Cambria's
Asserted Patents. E x h ib i t N o s. 7-12.
14. Pursuant to Commission Rule 210.12(c), Cambria has filed certified copies of the
prosecution historiesof each of Cambria's Asserted Patents with this Complaint as Appendices 1-
6.
A. Nontechnical Description of th e 670 Patent
15. United States Design PatentNo. D712,670, entitled Portion of a Slab issued to
Jon Louis Grzeskowiak et al. on September 9, 2014. The '670 patent issued from U.S. Design
Patent Application SerialNo. 29/442,513, filed March15, 2013. The '670 patent has one (1)
claim. A certified copyofthe '670 patent is attached to the Complaintas Exhibit No. 1.
16. The '670 patent claims an ornamental designfor a portion of a slab, as shown and
described in the figures ofthe patent.1
r a g — T
1M
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A high-quality color copy of the photograph filed with the United States Patent and Trademark
Office for the '670 Patent is included with this Complaint as Physical ExhibitNo. 1.
B. Nontechnical Description of th e 154 Patent
17. United States Design Patent No. D713,154 entitled Portion of a Slab issued to
Jon Louis Grzeskowiak and Marin E. Davis on September 11, 2014. The '154 patent issuedfrom
U.S. Design PatentApplication Serial No. 29/463,747, filed February 20, 2014. The '154 patent
has one (1) claim. A certified copy of the '154 patent is attached to the Complaint as Exhibit No.
2 .
18. The '154 patent claims an ornamental design for a portion of a slab, as shown and
described in the figures of the patent.
A high-quality color copy of the photograph filed with the United States Patent and Trademark
Office for the ' 154patent is includedwith this Complaintas Physical ExhibitNo. 2.
C. Nontechnical Description of th e 058 Patent
19. United States Design Pa tent No. D737,058 entitled Portion of a Slab issued to
Martin E. Davis et al. on August 25, 2015. The '058 patent issued from U.S. Design Patent
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ApplicationSerial No. 29/474,410, filed September 12, 2014. The '058 patent has one (1) claim.
A certified copy of the '058 patent is attached to the Complaintas ExhibitNo. 3.
20. The '058 patentclaims an ornamental design for a portion of a slab, as shown and
described in the figures of the patent.
A high-quality colorcopy of the photograph filed with the United States Patent and Trademark
Office for the '058 patent is included with this Complaint as Physical Exhibit No. 3.
D. Nontechnical Description of the 576 Patent
21. United States DesignPatentNo. D737,576, entitled Portion of a Slab issued to
Martin E. Davis et al. on September 1, 2015. The '576 patent issued from U.S. Design Patent
Application Serial No. 29/474,414,filed September 12, 2014. The '576 patenthas one (1) claim.
A certified copy of the '576 patent is attached to the Complaintas ExhibitNo. 4.
22. The '576 patent claims an ornamental designfor a portion ofa slab, as shown and
described in the figures of the patent.
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A high-quality color copy of the photograph filed with the United States Patent and Trademark
Office for the '576 patent is included with this Complaint as Physical Exhibit No. 4.
E. Nontechnical Description of th e 577 Patent
23. United States Design Patent No. D737,577, entitled Portion of a Slab issued to
Martin E. Davis et al. on September 1, 2015. The '577 patent issued from U.S. Design Patent
Application Serial No. 29/474,415, filed September 12, 2014. The '577 patenthas one (1) claim.
A certified copy of the '577 patent is attached to the Complaint as Exhibit No. 5.
24. The 577 patent claims an ornamental design for a portion of a slab, as shown and
described in the figures of the patent.
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A high-quality colorcopy of the photograph filed with the United States Patent and Trademark
Office for the '577 patent is included with this Complaint as Physical ExhibitNo. 5.
F. Nontechnical Description of th e 630 Patent
25. United States DesignPatentNo. D738,630, entitled Portion of a Slab issued to
Jon Louis Grzeskowiak et al. on September 15, 2014. The '630 patent issued from U.S. Design
Patent ApplicationSerial No. 29/442,516,filed March 15,2013.The '630 patenthas one (1)claim.
A certified copy of the '630 patent is attached tothe Complaint as ExhibitNo. 6.
26. The '630 patent claims an ornamental design fora portion ofa slab, as shown and
described in the figures of the patent.
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A high-quality color copy of the photograph filed with the United States Patent and Trademark
Office for the '630 patent is included with this Complaint as Physical Exhibit No. 6.
G. Foreign Counterparts
27. Cambria is aware of the following foreign counterparts to Cambria's Asserted
Patents: CanadaIndustrial Design Registration No. 148599. Cambria is aware ofthe following
foreign counterpart applications corresponding to Cambria's Asserted Patents: Canada Industrial
Design Application Nos. 161482, 161483, and 161488.
H . L i c e n s e e s
28. Cambria has not licensed any of the Asserted Patents.
V. U N L AW F U L AN D UNFAIR A C T S OF T H E P R O P OS E D R E S PO N D E N TS
29. ProposedRespondents have engaged in unlawfuland unfairacts including the sale
for importation into the United States, importation into the United States, and/or sale within the
United States after importation of Accused Products that infringe one or more of the Asserted
Patents. The following table illustrates which proposed Respondent infringeseach of the Asserted
Pa t en t s :
A s s e r t e d P a t e n t Infringing Respondent s)T h e 6 7 Pa ten t Wi l s o n a r t
T h e 1 5 4 Pa ten t D o r a d o
T h e 5 8 Pa ten t Wi l s o n a r t
T h e 5 7 6 Pa ten t Wi l s o n a r t
T h e 5 7 7 P a t e n t Wi l s o n a r t
T h e 6 3 P a t e n t W i l s o n a r t
A. Proposed Respondent Wilsonart
30. On information and belief, proposed Respondent Wilsonart and/or persons actina
on behalfof Wilsonart imports,sells for importation, and/orsellsafter importation into the United
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1. Wilsonart s Infringement of the 670 Patent
33. On information and belief, Wilsonart sells for importation into the United States,
imports into the United States, and/orsells after importation into the United States certain quartz
slabs and portions thereof that infringe the '670 patent, including at least its Arno quartz
products. A physical sample of Wilsonart's Arno product is included with this Complaint as
Physical Exhibit No. 7.2
34. Wilsonart's Arno products directly infringe the '670 patent. Wilsonart directly
infringes the '670 patent by importing, selling for importation, and/or selling after importation into
the United States its Arno products. Wilsonart's Arno products infringe the design claimed
in the '670 patentbecause,in the eye of an ordinaryobserver giving such attention as a purchaser
usually gives, the design of Wilsonart's Arno products are substantially the same as the design
embodied and claimed in the 670 patent, such that an ordinary observer would be deceived into
believing that Wilsonart's Arno design is the same as the design embodied and claimed in the
'670 patent. Review of Wilsonart's Arno products demonstrates that the products literally
infringe the '670 patent. See Exhibit No. 26 (photograph comparing Wilsonart's Arno design
to the '670 patent). On informationand belief, Wilsonart's Arno productsare imported at least
as quartz slabs, portions of which directly infringe the '670 patent at the time of importation.
2. Wilsonart s Infringement of th e 058 Patent
35. On information and belief, Wilsonart sells for importation into the United States,
imports into the United States, and/or sells afterimportation into the United States certain quartz
2The included physical samplesof the Accused and Domestic IndustryProducts are illustrative ofthe practice of Cambria's Asserted Patents. However,because they represent onh a small portionof a slab, these samples may not exhibit all the characteristics of each product and are not fullvrepresentative of the Accused and Domestic IndustryProducts,other portions of whichmayevenmore clearly practice the Asserted Patents.
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slabs and portions thereof that infringe the '058 patent, including at least its Aurora quartz
products. A physical sampleof Wilsonart's Aurora product is included with this Complaintas
Physical Exhibit No. 8.
36. Wilsonart's Aurora products directly infringe the '058 patent. Wilsonart directly
infringes the '058 patentby importing, selling for importation,and/or selling after importationinto
. the United States its Aurora products. Wilsonart's Aurora products infringe the design
claimed in the '058 patentbecause, in the eye of an ordinary observer giving such attention as a
purchaserusually gives, the design of Wilsonart's Aurora products are substantially the same as
the design embodied and claimed in the '058 patent, such that an ordinary observerwould bedeceived into believing that Wilsonart's Aurora design isthe same as the design embodiedand
claimed in the '058 patent. Review of Wilsonart's Aurora products demonstrates that the
products literally infringethe '058 patent. See ExhibitNo. 27 (photographcomparing Wilsonart's
Aurora design to the '058 patent). On information and belief, Wilsonart's Aurora products
are imported at least as quartz slabs, portionsof which directly infringe the '058 patent at the time
of importation.
3. Wilsonart s Infringement of the 576 Patent
37. On information and belief, Wilsonart sells for importation into the United States,
imports into the United States, and/or sells after importation into the United States certain quartz
slabs and portions thereof that infringe the '576 patent, including at least its Badaling quartz
products. A physical sampleof Wilsonart's Badaling product is included with this Complaint
as Physical Exhibit No. 9.
38. Wilsonart's Badaling products directly infringe the '576 patent. WTilsonart
directly infringes the '576 patent by importing, selling for importation, and/or selling after
importation into the United States its Badaling products. Wilsonart's Badaling products
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infringe the design claimed in the '576 patent because, in the eye of an ordinary observer giving
such attention as a purchaser usually gives, the design of Wilsonart's Badaling products are
substantially the sameas thedesignembodied and claimedin the '576 patent, suchthatan ordinary
observer would be deceived into believing that Wilsonart's Badaling design is the same as the
design embodied and claimed in the '576 patent. Review of Wilsonart's Badaling products
• demonstrates that the products literallyinfringe the '576 patent. See ExhibitNo. 28 (photograph
comparing Wilsonart's Badaling design to the '576 patent). On information and belief,
Wilsonart's Badaling products are imported at least as quartz slabs,portions of which directly
infringe the '576 patent at the timeof
importation.
4. Wilsonar t s Infr ingement of th e 577 Patent
39. On information and belief, Wilsonart sells for importation into the United States,
imports into the United States, and/or sells after importation into the United States certain quartz
slabs and portions thereof that infringe the '576 patent, including at least its Santiago quartz
products. A physical sample of Wilsonart's Santiago product is included with this Complaint
as Physical Exhibit No. 10.
40. Wilsonart's Santiago products directly infringe the '577 patent. Wilsonart
directly infringes the '577 patent by importing, selling for importation, and/or selling after
importation into the United States its Santiago products. Wilsonart's Santiago products
infringe the design claimed in the '577 patent because, in the eye of an ordinary observer giving
such attention as a purchaser usually gives, the design of Wilsonart's Santiago products are
substantiallythe same asthe design embodiedand claimed inthe '577 patent, such that an ordinary-
observer would be deceived into believing that Wilsonart's Santiago design is the same as the
design embodied and claimed in the '577 patent. Review of Wilsonart's Santiago products
demonstrates thatthe products literally infringe the '577 patent. See Exhibit No. 29 (photograph
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comparing Wilsonart's Santiago design to the '577 patent). On information and belief,
Wilsonart's Santiago products are imported at least as quartz slabs, portionsof which directly
infringe the '577patentat the time of importation.
5. Wilsonart s Infringement of the 630 Patent
41. On information and belief, Wilsonart sells for importation into the United States,
imports into the United States, and/orsells after importation into the United States certain quartz
slabs and portions thereof that infringe the '630 patent, including at least its Murren quartz
products. A physical sampleof Wilsonart's Murren product is included with this Complaint as
Physical Exhibit No. 11.
42. Wilsonart's Murren products directly infringethe'630 patent. Wilsonartdirectly
infringes the '630 patentby importing, sellingfor importation,and/or selling after importationinto
the United States its Murren products. Wilsonart's Murren products infringe the design
claimed in the '630 patent because, in the eye of an ordinary observergiving such attention as a
purchaser usually gives, the design of Wilsonart's Murren products are substantially the same
as the design embodied andclaimed in the '630 patent, such that an ordinary observerwould be
deceived into believing that Wilsonart's Murren design is the same as the design embodiedand
claimed in the '630 patent. Review of Wilsonart's Murren products demonstrates that the
products literally infringethe '630 patent. See ExhibitNo. 30 (photographcomparingWilsonart's
Murren design to the '630 patent). On information and belief, Wilsonart's Murren products
are imported at least as quartz slabs, portionsofwhich directly infringethe '630 patent at the time
of importation.
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B. Proposed Respondent Dorado
43. On information and belief, proposedRespondent Dorado and/or persons acting on
behalf of Dorado imports, sells for importation, and/or sells after importation into the United States
certain quartz slabs and portions thereof that infringe at least the '154 patent.
44. On May 22, 2015, Cambria informed Dorado of its infringement of Cambria's' 154
.-patent. See Exhibit No. 42 (Letters to Dorado Regarding Infringement of the '154 Patent).
However, Doradohas continuedto import, sell for importation,and/or sell after importation into
the United States quartz slabs and portions thereof embodying at least its Tundra design, that
infringe one or more of the Asserted Patents.
1. Dorado s Infringement o f th e 154 Patent
45. On information and belief, Dorado sells for importation into the United States,
imports into the United States, and/or sells after importation into the United States certain quartz
slabs and portions thereof that infringe the '154 patent, including at least its Tundra quartz
products. A physical sample of Dorado's Tundra product is included with this Complaint as
Physical Exhibit No . 12
46. Dorado's Tundra products directly infringe the '154 patent. Dorado directly
infringes the' 154 patentby importing,selling for importation, and/or selling after importationinto
the United States its Tundra products. Dorado's Tundra products infringe the design claimed
inthe'154 patent because, in the eye ofan ordinary observergiving suchattention as a purchaser
usually gives, the design of Dorado's Tundra products are substantially the same as the design
embodied and claimed in the ' 154 patent, such that an ordinary observerwould be deceived into
believing that Dorado's Tundra design is the same as the design embodied and claimed in the
'154 patent. Review of Dorado's Tundra products demonstrates that the products literal]v
infringe the ' 154 patent. See ExhibitNo. 31 (photographcomparing Dorado's Tundra design to
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the '154 patent). On information and belief, Dorado's Tundra products are importedat least as
quartz slabs, portions of which directly infringe the '154 patent at the time of importation.
VI. SPECIFIC A C T S OF UNFAIR IMPORTATION AND SALE
47. On information and belief, proposed Respondents, either themselves or through
subsidiaries and/or third parties acting on behalf of proposed Respondents, are engaged in the
importation, salefor importation, and/or saleafter importation intothe United States of infringing
quartz slabs and portions thereof.
A. Proposed Respondent Wilsonart
48. Wilsonart's infringing quartz slabs and portions thereof are manufactured abroad
and imported for sale into the United States. For example, Wilsonart's publicly-availableguide
specification for quartz surfacing countertops represents that its quartz products conform to
NSF/ANSI Standard 51. Exhibit 13 (Wilsonart Guide Specification Section 123661.19Quartz
Surfacing Countertops)at 2, 5. The NSF/ANSI 51 standard, titled Food Equipment Materials,
is published by NSF International and approved bythe American National Standards Institute and
generally establishes safety requirements for products that may have contact with food. See
Exhibit 14 (ANSI/NSF 51-1997) at ii-viii, 1. The certification process under, NSF/ANSI 51
involves regular on-site inspections of manufacturing facilities. Exhibit 15 (NSF International
Website Excerpts). The location of each such manufacturing facility is publicly listed on NSF
International's website, along with a list of the specific products manufactured at that facility.
Exhibit 16 (NSF Product and Service Listings, NSF/ANSI 51 Food Equipment Materials,
Wilsonart LLC). The NSF International certification listings for Wilsonart indicate that
Wilsonart's infringing Badaling, Murren, Arno, and Santiago designs are manufactured
ina facility in India and that its infringing Aurora design is manufacturedina facility in Portugal.
Id The listings, current as of Friday, February 05, 2016 at 12:15 a.m., further indicate that
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Wilsonart does not have any certified manufacftiring facilities for quartz products in the United
States. Id. Furthermore, importation records show that Wilsonart has been importing quartz slabs
into the United States from both India and Portugal, including over 150 shipments of quartz slabs
from November 5, 2014, through February 20, 2016. Exhibit 24 (Panjiva Importation Record For
Quartz Slabs Imported by Wilsonart LLC).
49. After manufacture abroad, Wilsonart 's infringing designs are imported, sold for
importation, and/or sold after importation into the United States. For example, numerous
distributors of Wilsonart 's quartz products currently offer the infringing designs for sale in the
United States after importation by Wilsonart. See, e.g., Exhibit 18 (E.B. Bradley Co. brochure
advertising all five infringing Wilsonart designs for sale in numerous locations, including in
Seattle, Los Angeles, San Francisco, Portland, and San Diego); Exhibit 19 (Wurth Wood Group
brochure advertising all five infringing Wilsonart designs for sale in locations in Maryland,
Virginia, North Carolina, South Carolina, Tennessee, Alabama, Georgia, and Florida); Exhibit 20
(Falfas Cabinet and Stone website offering all five infringing Wilsonart designs for sale at location
in Sarasota, Florida); Exhibit 21 (Quality Surfaces website excerpts showing all five infringing
Wilsonart designs for sale in Spencer, Indiana). In addition, Wilsonart issued a press release dated
January 20, 2015, stating that the infringing Aurora, Badaling, Murren, Arno, and
Santiago designs wouldbe on display at the2015Kitchen& BathIndustry Show in Las Vegas,
Nevada. Exhibit 17 (Wilsonart Quartz Collection Press Release). Finally, Cambria employees
have personally seen the Wilsonart Aurora, Badaling, Murren, Arno, and Santiago
quartz products for sale in the United States and have obtained samples of the each of those
Wilsonart quartz products in the United States. See Exhibit 39 (Declaration of Peter Martin
Regarding Importation of Accused Products).
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products accused of infringement in this Complaint. It is not intended, norshould it be interpreted,
to limit the scopeproducts accused of infringement and subject to the requested Investigation.
V I I I . T H E D O M E S T I C I N D U S T R Y
53. A domestic industry exists, as defined under 19 U.S.C. §§ 1337(a)(3)(A), (B),
and/or (C), comprising substantial investments in plant and equipment, labor and capital, and
substantial investment in the exploitationof the Asserted Patents, including through engineering,
research, and development.
A. The Technical Prong
54. Cambria practices each of the Asser ted Patents. Each of the Asserted Patents
corresponds with one of the designs of quartz products manufactured and sold by Cambria in the
United States. The following table sets forth the specific Cambria design corresponding to each
of the Asserted Patents (collectively referred to as Cambria's Domestic Industry Products ):
A s s er te d P a te n t ; Cambria DesignT h e 6 7 Pa ten t B r a d s h a w ™
T h e 1 5 4 Pa ten t Galloway™
T h e 5 8 P a t e n t M e n a i ™
T he 5 7 6 Pa ten t Cas t l emar t i n™
T he 5 7 7 Pa ten t Berwyn™
T he 6 3 P a t e n t Fa i rbourne™
55. Cambria's Bradshaw™ design practices the '670 patent. A physical sample of
Cambria's Bradshaw™ design is included with this Complaint as Physical Exhibit No. 13. A
photograph comparing Cambria'sBradshaw™ designto the designclaimed in the '670 patentand
demonstrating its substantial similarity is attached as Exhibit No. 32.
56. Cambria's Galloway™ design practices the '154 patent. A physical sample of
Cambria's Galloway™ design is included with this Complaint as Physical Exhibit No. 114. A
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photographcomparing Cambria's Galloway™ design to the designclaimed in the '154 patent and
demonstratingits substantial similarity is attached as ExhibitNo. 33.
57. Cambria's Menai™ design practices the '058 patent. A physical sample of
Cambria's Menai™ design is included with this Complaint as Physical Exhibit No. 15. A
photograph comparingCambria's Menai™ design to the design claimed in the '058 patent and
demonstrating its substantial similarity is attachedas Exhibit No. 34.
58. Cambria's Castlemartin™ design practices the '576 patent. A physical sampleof
Cambria's Castlemartin™ design is includedwith this Complaint as Physical ExhibitNo. 16. A
photograph comparingCambria's Castlemartin™ designto the design claimed in the '576 patentand demonstrating its substantial similarity is attached as ExhibitNo. 35.
59. Cambria's Berwyn™ design practices the '577 patent. A physical sample of
Cambria's Berwyn™ design is included with this Complaint as Physical Exhibit No. 17. A
photograph comparing Cambria's Berwyn™ design to the design claimed in the '577 patent and
demonstrating its substantial similarity is attached as ExhibitNo. 36.
60. Cambria's Fairbourne™ design practices the '630 patent. A physical sample of
Cambria's Fairboume™ design is included with this Complaint as Physical ExhibitNo. 18. A
photograph comparingCambria's Fairbourne™ designto the design claimed in the '630 patent
and demonstrating its substantial similarity is attached as ExhibitNo. 37.
B. The Economic Prong
61. Cambria conducts extensive activities in the United States, including the entirety of
its manufacturing and research and development with respect to Cambria's Domestic Industry
Products. For example, as detailed in Confidential Exhibit No. 38 and discussed in more detail
below, from 2014 to 2015 Cambria manufactured a significant number of each of Cambria's
Domestic Industry Products in the United States.
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62. Cambria's activities and investments relating to Cambria's Domestic Industry
Products constitute a domestic industry under 19 U.S.C. § 1337(a)(3)(A) at least because Cambria
has made significant investments in plant and equipment in the United States used in conjunction
with manufacturing, engineering, and research and development. Cambria's activities and
investments relating to Cambria's Domestic Industry Products constitute a domestic industryunder
19 U.S.C. § 1337(a)(3)(B) at least because Cambria has made significant investments in the
employment of labor and capital in the United States in connection with its manufacturing,
engineering, and research and development. Cambria's activities and investments relating to
Cambria's Domestic Industry Products constitute a domestic industry under 19 U.S.C. §1337(a)(3)(C) at least because Cambria ha s further made substantial investments in the
exploitation of Cambria's Asserted Patents through engineering and research and development
directed to each of these products in the United States.
63. Cambria takes pride in manufacturing all of its quartz surface products entirely in
the United States. As a result, Cambria has made extensive investments in constructing and
repeatedly expanding its state-of-the-art production facility in Le Sueur, Minnesota, which also
employs numerous workers in the United States. See Confidential Exhibit No. 38 (Declaration of
Jim Ward) at^ 5,13. While Cambriamanufactures many versions of quartz productsatits facility
in Le Sueur, a portion of its investment in its plant is attributable to the Cambria Domestic Industrv
Products. See Confidential ExhibitNo. 38 at ffl[ 7-8. Cambria's vast domestic manufacturing also
requires a large quantity of expensive equipment, a portion of which is attributable to the
manufacture of the Cambria Domestic IndustryProducts. See Confidential Exhibit No. 38at ^ 6-
8.
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64. Cambria also conducts all of its research and development activities with respectto
its designs, including the designsof the Cambria Domestic Industry Products,in the United States.
These activities also take place in Cambria's Le Sueur, Minnesota facility and require additional
equipmentand materials above and beyond that used for commercialproduction. See Confidential
Exhibit No. 38 at 119-11. Cambria's investments with respect to research and development
regarding the designs of the Cambria Domestic Industry Products have been significant. See
Confidential Exhibit No. 38 at H 9-12.
IX . R E L AT ED L I TI G ATI O N
65. Contemporaneous withthe filing of this Complaint, Cambriafiled a Complaint in
the United States District Court for the District of Minnesota alleging patent infringement by the
Respondents. Apart from that filing, neither the Asserted Patentsnor the quartz designs that they
protect have beenthe subject of any other court or agency litigation.
X. REQUESTED RELIEF
66. WHEREFORE,by reason of the foregoing, Cambriarespectfully requests that the
United States In te rna t ional Trade Commission:
a) Institute an immediate investigation, pursuantto Section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. § 1337(a)(l)(B)(i), regarding violations by Respondents of
Section 337 based upon the importation,sale for importation, and/or sale after importationinto the
United Statesof Respondents' quartz slabs andportions thereof that infringe the '670, '154, '058,
576, 577, and/or 630 patents;
b) Schedule and conduct a hearing pursuant to 19 U.S.C. § 1337 for the
purposes of receiving evidence and hearing argument concerning whether there has been a
violation of Section 337, and, following the hearing, determinethat there has been a violation of
Sect ion 337;
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c) Issue apermanent general exclusion order, pursuant to 19U.S.C. § 1337(d),
forbidding entry into the United States all quartz slabs and portions thereof that infringethe '670,
'154, '058, '576, '577, and/or 630 patents;
d) In the alternative, issue a permanent limited exclusion order, pursuant to 19
U.S.C. § 1337(d)(1), forbidding entry into the United States all quartz slabs and portions thereof
made by or on behalf of Respondents, that infringe the '670, '154, '058, '576, '577, and/or '630
patents;
e) Issue permanent cease and desist orders, pursuant to 19 U.S.C. § 1337(f),
directing each Respondent, or others acting on its behalf, to cease and desist from importing,
marketing, advertising, demonstrating, distributing, warehousing inventory for distribution,
selling, offering for sale, or using quartz slabs and portions thereof that infringe the '670, '154,
'058, '576, '577, and/or 630 patents;
f) Impose a bond, pursuant to 19 U.S.C. § 1337(j), upon importation of any
quartzslabs and portionsthereof that infringethe '670, '154, '058, '576, '577, and/or '630 patents
during the Presidential Review period; and
g) Grant all suchother and further reliefas the Commissiondeemsappropriate
based upon the facts complained of herein and as determined by the investigation.
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Dated: April 14, 2016
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Respectfully submitted,
F I S H R I C H A R D S O N P.C.
Ahmed J. DaVisT h o m a s S. F u s c o
Christopher DryerE ri n M .B . L e ac h
FISH & RICHARDSON P.C.1425 K Street, NW, 11th FloorWashington, DC 20005Telephone: (202) 783-5070Facsimile: (202) 783-2331
J o h n S . Goetz
Kris ten McCal l ion
F I S H & R I C H A R D S O N P.C.
601 Lexington Avenue, 52nd FloorNew York, NY 10022Telephone: (212)-765-5070
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V E R I F I C AT I O N O F C O M P L A I N T
I, Peter Martin, declare, in accordance with 19 C.F.R. §§ 210.4(c) and 210.12(a), under
penalty of perjury, that the following statements are true:
1. I am currently the Executive Vice President of Sales, Marketing, and Business
Partner Services at Cambria Company LLC. I am duly authorized by Complainant Cambria
Company LLC to verify the foregoing Complaint.
2. I have read the Complaint and am aware of its contents.
3. The Complaint is not being filed for any improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of litigation.
4. To the best of my knowledge, information, and belief, formed after a reasonable
inquiry,the claims and other legal contentions set forth in the Complaint are warranted by
existinglaw or by a good faith, non-frivolous argument for extension, modification, or reversal
of existing law, or by the establishment of new law.
5. To the best of my knowledge, information, and belief, formed after a reasonable
inquiiy, theallegations of theComplaint are well grounded in fact andhave evidentiary support,
or, where specifically identified, are likely to have evidentiary support after a reasonable
opportunity for further investigation or discovery.
Executed on April 13, 2016P e t e r M a r t i n
Executive Vice President,Cambria Company LLC