VersaDesk, whose parent company is Versa Products Inc. of Los Angeles, CA ("Versa Products"), filed an infringement complaint requesting that the United States International Trade Commission ("Commission") commence an investigation pursuant to Section 337.
The complaint alleges that the following entities (collectively, the "Proposed Respondents") unlawfully and without authorization, import into the United States, sale for importation into the United States and/or sale within the United States after importation of certain height-adjustable desk platforms and components thereof that infringe, either literally or under the doctrine of equivalents, at least one or more claims of U.S. Patent No. 10,485,336 ("the '336 Patent").
Varidesk LLC of Coppell, TX
Varidesk Electric Pro Plus 32 Stand Up Desktop Converter
VIVO aka CKNAPP SALES, INC of Goodfield, IL
VIVO DESK-V001KE
VIVO DESK-V000ME
Flexispot / Loctek, Inc of Livermore, CA / Loctek Ergonomic Technology Corporation of China / Zhejiang Loctek Smart Drive of China
Loctek FlexiSpot Motorized AlcoveRiser Standing Desk Converters EM7MB – 36"
FlexiSpot Stylish Electric Sit-Stand Workstation EM6W
FEZIBO aka Amazon Import Inc of El Monte, CA
FEZIBO Electric Cubicles Corner Standing Desk Converter 37" FZ-SD07B-HEM
FEZIBO Electric Standing Desk Converter 34" FZ-SD07B-HE
Stand Steady Company LLC of Birmingham, AL
FlexPro Power 40 Inch Electric Sit Stand Desk Converter
FlexPro Power 36" Electric Sit Stand Desk Converter
FlexPro Hero Power Electric Desk Converter
FlexPro Power 40 Inch Electric Corner Desk Converter
FlexPro Power 40 Inch Electric Standing Desk Converter
The complaint asserts that the '336 Patent relates to an electric height-adjustable desktop suitable for being placed on an existing work surface to allow sit/stand operations by a user. The desktop is designed to hold one or more monitors on a main working surface, and a keyboard and optional tracking/mouse devices on a secondary work surface positioned toward the user and at a lower level from the man working surface. The desktop has an elevation mechanism comprising a left- right oriented scissors lift in which one side (left or right) of the scissor lift is attached to upper and lower frames, and the other side slides toward or away from the attached side. The sliding ends move within rigid channels. Movement of the sliding ends towards the attached ends raises the main work surface; conversely, movement of the sliding ends away from the attached ends lowers the main working surface. Movement/elevation is caused by activation of a switch to provide power to a linear actuator or equivalent electric means.
Versa Products is requesting that the Commission (a) institute an investigation pursuant to Section 337 of the Tariff Act of 1930; (b) set a target date of no more than fifteen months; (c) schedule and conduct a hearing on permanent relief; (d) issue a general exclusion order forbidding entry into the United States height-adjustable desks that infringe one or more claims of the '336 Patent; or, in the alternative, issue a limited exclusion order forbidding entry into the United States of Respondents' height-adjustable desks that infringe one or more claims of the '336 Patent; (e) issue cease and desist orders prohibiting the Respondents and their related companies or divisions from conducting any of the following activities in the United States: importing, selling, offering for sale, marketing, advertising, distributing, transferring (except for exportation), and/or soliciting U.S. agents or distributors for, height-adjustable desk platforms and components thereof covered by one or more claims of the '336 Patent; and (f) issue such other and further relief as the Commission deems just and proper under the law, based on the facts determined by the investigation and the authority of the Commission.
The VersaDesk Power Pro is the first commercially successful electric height-adjustable desktop anywhere. Designed and manufactured in the United States from American materials and American labor, the VersaDesk product provides a safe way to improve workplace health during the current pandemic, including particularly for remote workers. Now more than ever, American ingenuity is needed, and this win for Versa is one small step in re-establishing "Made in America" as the byword for superior quality and innovation. Versa Products has long been an innovator in office furniture, and it is determined to defend its intellectual property against Varidesk and other copiers of its patented technology.