DOCKET

FISH.
FISH & RICHARDSON

number

Fish & Richardson P.C.

1425 K Street, N.W.

11th Floor

Washington, DC 20005

5^1
Office of the

Secretary

Int'l Trade Commission

202 783 5070 main

202 783 2331 fax

Ahmed J. Davis
Principal

davis@fr.com
202 626 6379 direct

VIA HAND DELIVERY

April 14, 2016

Honorable Lisa R. Barton

Secretary
United 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:

Enclosed for filing onbehalfof Cambria Company LLC ("Complainant") are documents in
support ofComplainant's request that the Commission commence an investigation pursuant to
Section337 of the Tariff Act, as amended. Pursuant to the Commission's Rules of Practice and

Procedure, a request for confidential treatment ofExhibits 38 and 39 is submitted concurrently.

Accordingly, Complainant submits the following:

1. An original and eight (8) copies of the verified Complaint and one (1) CD ofthe NonConfidential Exhibits pursuant to 19 C.F.R 210.8(a)(l)(i);

2. One (1) CD ofthe Confidential Exhibits pursuant to 19 C.F.R 210.8(a)(l)(ii);

3. Two (2) additional copies of the Complaint and two (2) sets of CDs containing the
Confidential and Non-Confidential Exhibits for the proposed respondents pursuantto 19
C.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 1through 6 respectively, pursuant to 19 C.F.R
210.12(a)(9)(i);

5. One (1) certified copy each of the prosecution histories ofthe '670, '154. '058, '576,
'577 & '630 patents, included with the Complaint as Appendices A through F
respectively, plus three (3) additional copies thereof/pursuant to 19 C.F.R 210.12(c)(1);

fr.com

FISH.
FISH & RICHARDSON

April 14,2016
Page 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, pursuant
to 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 Appendices
G through L respectively, pursuant to 19 C.F.R 210.12(c)(2);

8. A request for the confidential treatment of the accompanying Confidential Exhibits

pursuant to 19 C.F.R 201.6(b); and
9. A statement regarding the public interest pursuant to 19 C.F.R 210.8(b).

Sincerely,

FISH.
FISH & RICHARDSON

Fish & Richardson P.C.

1425 K Street, N.W.

11th Floor

Washington, DC 20005
202 783 5070 main
202 783 2331 fax

Ahmed J. Davis
Principal

davis@fr.com
202 626 6379 direct

VIA HAND DELIVERY

April 14,2016
Honorable Lisa R. Barton

Secretary
United States International Trade Commission
500 E Street, S.W.

Washington, D.C. 20436

Re:

In the Matter ofCertain Quartz Slabs and Portions Thereof; Inv. No. 337-TA-

Dear Secretary Barton:

Cambria Company LLC ("Complainant") by counsel, hereby requests, pursuant to 19 C.F.R.

201.6, confidential treatment ofthe confidential business information contained in Confidential
Exhibits 38 and 39 to Complainant's Complaint transmitted herewith. Confidential treatment is
sought for the following Confidential Exhibits:

1. 38C which describes, among other things, facts and information supporting the domestic
industry allegations; and

2. 39C which describes, among other things, non-public facts andinformation relating to the
importation of the accused products.

3. The information described above qualifies as confidential information pursuant to 19

C.F.R. 201.6 because it is not available to the public; unauthorized disclosure ofsuch
information could cause substantial harm to Complainant's competitive position; and the
disclosure of the information for which Complainant seeks confidential treatment could

impair the Commission's ability to obtain information necessary to perform its statutory
functions.

Ahmed J. Davis

fr.com

UNITED STATES INTERNATIONAL TRADE COMMISSION

WASHINGTON, D.C. 20436

In the Matter of

Investigation
CERTAIN QUARTZ SLABS AND

No. 337-TA-

PORTIONS THEREOF

COMPLAINANT'S STATEMENT ON THE PUBLIC INTEREST

In support of its complaint filed April 14, 2016, Complainant Cambria Company LLC

("Cambria"or "Complainant") hereby submits 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.
consumers.

The accused products in this investigation, as identified in the accompanying complaint,

are certam quartz 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 Commission has long recognized the
strong public interest in enforcing intellectual property rights. See Certain Baseband Processor

Chips andChipsets, Transmitter andReceiver (Radio) Chips, Power Control Chips, and

Products Containing Same, Including Cellular Telephone Handsets, Inv. No. 337-TA-543,
USITC Pub. 4258, at 136-37 (Oct. 2011).

Inthis investigation, the only potentially relevant public interest inquiry is whether the

exclusion ofthis particular subset ofquartz slabs would have an adverse effect on the public
interest factors setforth in section 337. Complainants respectfully submit that it would not.

Rule 210.8(b)(1) Explanation of how the articles potentially subject to the requested
remedial orders are used in the United States

The quartz slabs that would be subject to the remedial orders are imported by

Respondents from outside ofthe United States and sold to customers such as kitchen and
bathroom remodelers who in turn install them in the homes of individuals. Typically, the

customer who purchases quartz slabs or portions thereof does so atthe specific request ofthe end
user/homeowner who has chosen the countertop design after examining a catalog and possibly

small samples. The end user/homeowner normally has dozens ofdesigns available to choose
from, ina variety ofcolors, shades, and styles. After a particular design is chosen, the customer

will order the appropriate size quartz product in the design chosen and later arrange for its
delivery, and perhaps installation.

'

Rule 210.8(b)(2) Identification of any public health, safety, orwelfare concerns

relating to the requested remedial orders

There are no health, safety, orwelfare concerns relating that would be at issue inthis

investigation. The accused products are not designed for, nor are they used for, any specific use
that would implicate the public health, safety, or welfare. See Certain Radio Control Hobby
Transmitters and Receivers andProducts Containing Same, Inv. No. 337-TA-757, Notice of

Issuance of Limited Exclusion Order (Sept. 27, 2011). Additionally, the requested remedial

orders would only exclude the subset of quartz slabs that copy Complainant's patented design.
The relief sought would not bar importation of quartz slabs generally. The particular designs that
would be the basis for exclusion do not have any particular significance with 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 which the Commission did not delegate the public
interest issues to the 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 if they
were to be excluded

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 market for quartz slabs,

such as E. I. du Pont de 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 sought in 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.

Rule 210.8(b)(4) Identification ofwhether the Complainants have the capacity to

replace the volume of articles subject to the 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 particular appearance such that it infringes certain of Cambria's design patents. The
exclusion orders sought would not cover any of the numerous alternative countertop designs

available to a purchaser. Further, alternatives other than respondents' quartz slabs are available
in the market. In 2015, it wasreported that only approximately 5% of the new kitchens in the

United States had engineered quartz countertops, and it stands to reason that only a portion of
that 5% represents Respondents' infringing products.

Countertops of other materials, as well as the engineered materials ofCambria can

readily fill the void inthe market that would result from the exclusion ofthe infringing products.
As noted inthe previous section, Complainant is a major supplier ofcountertop products inthe
United States. Moreover, as discussed above, otherparticipants in the United States quartz

countertop market, such as DuPont and Caesarstone would continue to supply the U.S. market

with quartz in the event that Respondents' infringing designs were excluded. Still further, as
noted above, Respondents can themselves continue to supply the U.S. market with quartz as the
relief sought concerns only a fraction ofthe designs offered by the Respondents. Complainant
and, oninformation and belief, competitors such as DuPont and Caesarstone have the ability to

expand their manufacturing capacity sufficiently to replace the volume ofarticles that would be

subject to the requested remedial orders. Indeed, Complainant has repeatedly and significantly
expanded its manufacturing capacity in recent years, even doubling its capacity in 2013. Thus,

there is no basis for concern thatthe requested reliefwould deprive purchasers in the United
States of reasonable access to quartz slabs for use as countertops and the like.
CONCLUSION

If the Commission grants the requested remedial orders, the public interest in protecting
Complainant's validand enforceable intellectual property rights will be served. In addition, the

accused products are not necessary to any health or welfare need, and an adequate supply of
substitute quartz slabs will be available through Complainant and othercompetitors. As such,

the strong public interest in protecting Complainant's intellectual property rights outweighs any
potential adverse impact on the public.

Respectfully submitted,
FISH & RICHARDSON P.C.

Dated: April 14, 2016

Ahmed J. Da^
Thomas S. Fusco

Christopher Dryer
Erin M.B. Leach

FISH & RICHARDSON P.C.

1425: K Street, NW, 11th Floor

Washington, DC 20005
Telephone: (202) 783-5070
Facsimile: (202) 783-2331
John S. Goetz
Kristen McCallion

FISH & RICHARDSON P.C.

601 Lexington Avenue, 52nd Floor

New York, NY 10022
Telephone: (212)-765-5070

UNITED STATES INTERNATIONAL TRADE COMMISSION

WASHINGTON, D.C. 20436

In the Matter of

CERTAIN QUARTZ SLABS AND

Investigation No. 337-TA-

PORTIONS THEREOF

COMPLAINT UNDER SECTION 337

OF THE TARIFF ACT OF 1930, AS AMENDED

COMPLAINANT

PROPOSED RESPONDENTS

Cambria Company LLC

805 Enterprise Drive East

Wilsonart LLC
2501 WilsonartDr.

Suite H

Temple, TX 76501
Telephone: 254-207-7000

Belle Plaine, Minnesota 56011

Telephone: (507) 665-5003

Dorado Soapstone LLC

COUNSEL FOR COMPLAINANT
Ahmed J. Davis
Thomas S. Fusco

Christopher Dryer
Erin M.B. Leach

FISH & RICHARDSON P.C.

1425 K Street, NW, 11th Floor

Washington, DC 20005
Telephone: (202) 783-5070
Facsimile: (202) 783-2331
John S. Goetz

Kristen McCallion

FISH & RICHARDSON P.C.

601 Lexington Avenue, 52nd Floor

New York NY 10022

Telephone: (212)-765-5070
Facsimile: (212)-258-2291

901 S Jason Street, Unit B

Denver, CO 80223

Telephone: 303-429-1387

LIST OF EXHIBITS

Certified Copy of U.S. Design Patent No. D712,670

Certified Copy of U.S. Design Patent No. D713,154
Certified Copy of U.S. Design Patent No. D737,058
Certified Copy of U.S. Design Patent No. D737,576
Certified Copy of U.S. Design Patent No. D737,577
Certified Copy of U.S. Design Patent No. D738,630
Certified Copy of Assignment Records for U.S. Design Patent No.
D712,670

Certified Copy of Assignment Records for U.S. Design Patent No.

D713J54

Certified Copy of Assignment Records for U.S. Design Patent No.

D737.058
10

11

12

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

13

Wilsonart Guide Specification Section 12 3661.19 Quartz Surfacing

Countertops

14

ANSI/NSF 51-1997 Standard

15

NSF International Website Excerpt (http://www.nsf.org/consumerresources/what-is-nsf-certification/) (last accessed Feb. 5, 2016)

16
17

18

19

20
21
22

23
24

NSF Product and Service Listings, NSF/ANSI 51 Food Equipment

Materials. Wilsonart LLC

Wilsonart Quartz Collection Press Release (January 20, 2015)

E.B. Bradley Co. brochure advertising all five infringing designs for sale
in numerous locations, including in Seattle,. Los Angeles, San Francisco,
Portland, and San Diego
Wurth Wood Group brochure advertising all five infringing designs for
sale in locations in Maryland, Virginia, North Carolina, South Carolina,
Tennessee, Alabama, Georgia, and Florida
Falfas Cabinet and Stone website offering all five infringing designs for
sale at location in Sarasota, Florida

Quality Surfaces website excerpts showing all five infringing designs for
sale in Spencer, Indiana
Dorado Facebook Post Advertising NUSTONE Products
NUSTONE Website Excerpts

Panjiva Importation Database Record For Quartz Slabs Imported by

Wilsonart LLC

^lSilNumblS

Panjiva Importation Database Records For Quartz Slabs Imported by

25

26
27
28

29

31
32

3d

Dorado Soapstone LLC

Photograph Comparing Wilsonart's "Arno" Design to the '670 Patent

Photograph Comparing Wilsonart's "Aurora" Design to the '058 Patent

Photograph Comparing Wilsonart's "Badaling" Design to the '576 Patent
Photograph Comparing Wilsonart's "Santiago" Design to the '577 Patent
Photograph Comparing Wilsonart's "Murren" Design to the '630 Patent
Photograph Comparing Dorado's "Tundra" Designto the '154 Patent
Photograph Comparing Cambria's Bradshaw Design to the '670 Patent
Photograph Comparing Cambria's Galloway Design to the '154 Patent
Photograph Comparing Cambria's Menai Design to the '058 Patent
Photograph Comparing Cambria's Castlemartin Design to the '576
Patent

Photograph Comparing Cambria's Berwyn Design to the '577 Patent

Photograph Comparing Cambria's Fairbourne Design to the '630 Patent
39
40
41
42

Declaration of Jim Ward Regarding Cambria's Domestic Industry

Declaration of Peter Martin Regarding Importation of Accused Products
Quartz Slab Importation Analysis
Letter From Peter Martin to Wilsonart Regarding Infringement of
Cambria Intellectual Property Rights

Letters to Dorado Regarding Infringementof the '154 Patent

LIST OF PHYSICAL EXHIBITS

Phvsical Exhibit No. 1

Physical Exhibit No. 2

Physical Exhibit No. 3
Physical Exhibit No. 4

Physical Exhibit No. 5

Physical Exhibit No. 6

Physical Exhibit No. 7

Color Photograph Submitted to the USPTO for U.S. Design Patent

No. D712,670

Color Photograph Submitted to the USPTO for U.S. Design Patent

No. D713J54

Color Photograph Submitted to the USPTO for U.S. Design Patent

No. D737.058

Color Photograph Submitted to the USPTO for U.S. Design Patent

No. D737,576

Color Photograph Submitted to the USPTO for U.S. Design Patent

No. D737,577

Color Photograph Submitted to the USPTO for U.S. Design Patent

No. D738,630

Physical Exhibit No. 9

Physical Sample of Accused Wilsonart "Arno" Product

Physical Sample of Accused Wilsonart "Aurora" Product
Physical Sample of Accused Wilsonart "Badaling" Product

Physical Exhibit No. 10

Physical Exhibit No. 11

Physical Sample of Accused Wilsonart "Santiago" Product

Physical Sample of Accused Wilsonart "Murren" Product

Physical Exhibit No. 12

Physical Sample of Accused Dorado "Tundra" Product

Phvsical Exhibit No. 8

Physical Exhibit No. 13

Physical Exhibit No. 14
Phvsical Exhibit No. 15

Physical Exhibit No. 16

Physical Exhibit No. 17
Physical Exhibit No. 18

Physical Sample of Cambria's Bradshaw Domestic Industry

Product

Physical Sample of Cambria's Galloway Domestic Industry

Product

Physical Sample of Cambria's Menai Domestic Industry Product

Physical Sample of Cambria's Castlemartin Domestic Industry
Product

Physical Sample of Cambria's Berwyn Domestic Industry

Product

Physical Sample of Cambria's Fairbourne Domestic Industry

Product

LIST OF APPENDICES
;;g)i^(a^"jX8HB

_A_
B_

_C_
D

G
H

Certified Copy of File Wrapper for U.S. Design Patent No. D712,670
Certified Copy of File Wrapper for U.S. Design Patent No. D713,154
Certified Copy of File Wrapper for U.S. Design Patent No. D737,058
Certified Copy of File Wrapper for U.S. Design Patent No. D737,576
Certified Copy of File Wrapper for U.S. Design Patent No. D737,577
Certified Copy of File Wrapper for U.S. Design Patent No. D738,630
Technical References Cited in File Wrapper for U.S. Design Patent No.
D712,670
Technical References Cited in File Wrapper for U.S. Design Patent No.
D712,154
Technical References Cited in File Wrapper for U.S. Design Patent No.
D737,058

Technical References Cited in File Wrapper for U.S. Design Patent No.
D737,576

Technical References Cited in File Wrapper for U.S. Design Patent No.
K

D737,577

Technical References Cited in File Wrapper for U.S. Design Patent No.
D738,630
.

IV

TABLE OF CONTENTS

I.

INTRODUCTION

II.

THE PARTIES

A.

Complainant

B.

Proposed Respondents

III.
IV.

THE TECHNOLOGY AND PRODUCTS AT ISSUE

THE ASSERTED PATENTS

4
5

A. Nontechnical Description of '670 Patent

Nontechnical Description of' 154 Patent

C. Nontechnical Description of '058 Patent

D. Nontechnical Description of '576 Patent

6
7

E. Nontechnical Description of '577 Patent

F. Nontechnical Description of '630 Patent
G. Foreign Counterparts

8
9
10

H.

10

B.

V.

Licensees

UNLAWFUL AND UNFAIR ACTS OF THE PROPOSED RESPONDENTS

A. Proposed Respondent Wilsonart

B.

10
10

1.

Wilsonart's Infringement of the '670 Patent

12

2.

Wilsonart's Infringement of the '058 Patent

12

3.

Wilsonart's Infringement of the '576 Patent

13

4.
5.

Wilsonart's Infringement of the '577 Patent

Wilsonart's Infringement of the '630 Patent

14
15

Proposed Respondent Dorado

16
1.
Dorado's Infringement of the '154 Patent
16
VI. SPECIFIC ACTS OF UNFAIR IMPORTATION AND SALE
17
A. Proposed Respondent Wilsonart
17
B. Proposed Respondent Dorado
19
VII. CLASSIFICATION OF THE INFRINGING PRODUCTS UNDER THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES
19
VIII. THE DOMESTIC INDUSTRY
20
A. The Technical Prong
20
B. The Economic Prong
21
IX. RELATED LITIGATION
23
X.
REQUESTED RELIEF
23

I.

INTRODUCTION

1.

This Complaint is filed by Cambria Company LLC ("Cambria") under Section 337

of the TariffAct of 1930, as amended, 19 U.S.C. 1337, based on the unlawful importation into
theUnited States, the salefor importation into the United States, and/or the sale within the United

States after importation by proposed Respondents of certain quartz slabs and portions thereof that
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 quartz products specializing in

quartz surface products. Founded in 2000, Cambria has been atthe forefront ofthe development
of the rapidly-expanding United States market for quartz surface products. Cambria prides itself
as being the only family-owned, American-made producer of quartz surface products, with its

headquarters located inBelle Plaine, Minnesota and itsproduction facility inLe 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 afforded by Cambria's production of quartz surface products inthe 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 Wilsonart LLC ("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 importation into
the United States quartz slabs and portions thereof. Many ofthe quartz slabs and portions thereof

imported by the proposed Respondents embody Cambria's innovative designs that are protected

by U.S. design patents owned by Cambria. As set forth in Section VI below, these products
(referred toherein asthe"Accused Products") are manufactured abroad in locations such asChina,
India, and Portugal, and are imported for sale into the United States. Cambria is aware ofproducts
imported by the proposed Respondents that incorporate at least the designs covered by the '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, including those covered by the Asserted

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 quartz slabs 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

United States by Cambriaare typically subject to tariffs when being exportedto other countries.
5.

Certified copies of Cambria's Asserted Patents are included as Exhibit Nos. 1-6. In

addition, because color is an essential element of 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 (CertifiedCopies of the File Wrapper for eachAsserted

Patent); 37 C.F.R. 1.152,1.84 (authorizing the submission ofcolor photographs indesign patent
applications). High-quality color copies of the photographsfiled with the United States Patentand

Trademark Office for each of the Asserted Patents are included with this Complaint as Physical

Exhibit Nos. 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
Asserted Patents are included as Exhibit Nos. 7-12. Certified copies of the file histories of each

of the Asserted Patentsand technicalreferences cited therein are included as Appendices A-F and
G-L, respectively.

6.

A domestic industry as 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, significant employment 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 seeksrelief in the form of a permanent general exclusion order forbidding

entry into the United States all quartz slabs and portions thereof that infringe any ofthe Asserted
Patents. Alternatively, Cambria seeks a permanent limited exclusion order 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 inventory for distribution, selling, offering

for sale, orusing quartz slabs orportions thereof that infringe any ofthe Asserted Patents.
II.

THE PARTIES

A.

8.

Complainant

Complainant Cambria is a limited liability company organized under the laws of

Minnesota and having its principal place of 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 in the area of quartz surface products

and has significant operations inthe United States, including with respect to the designs protected

by Cambria's Asserted Patents. Cambria's innovative, patented designs are the product of

extensive engineering, research, and development in the United States, and Cambria's commercial

surfaceproducts embodying its designs are manufactured entirely in the UnitedStatesat Cambria's
production plant in Le Sueur, Minnesota.
B.

10.

Proposed Respondents

Oninformation andbelief, proposed respondent Wilsonart LLC 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

liability company 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.
III.

THE TECHNOLOGY AND PRODUCTS AT ISSUE

12.

The products at issue are quartz slabs and portions thereof. The Accused Products

are engineered to embody a specific visual design. At issue in thisproceeding is the visual designs

of the Accused Products, which infringe the asserted United States design 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 into the United States by or on behalf of the proposed Respondents.

IV.

THE ASSERTED PATENTS

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. See Exhibit Nos. 7-12.

14.

Pursuant to Commission Rule 210.12(c), Cambria has filed certified copies of the

prosecution histories of each of Cambria's Asserted Patents with this Complaint as Appendices 16.

A.

15.

Nontechnical Description of the '670 Patent

United States Design Patent No. 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 Serial No. 29/442,513, filed March 15, 2013. The '670 patent has one (1)
claim. A certified copy of the '670 patent is attached to the Complaint asExhibit No. 1.
16.

The '670 patent claims an ornamental design for a portion of a slab, as shown and

described in the figures of thepatent.1

ragT*

M%

<^ - \

t.

k: s> f$

1The depictions within the body ofthis Complaint have been cropped and condensed to fit in line
withthe text. The entire claimed design is included with this Complaint as Physical Exhibit Nos.
1-6. Furthermore, nothing contained within this Complaint is intended to express any position

regarding the proper construction ofany term inthe preambles ofany ofthe Asserted Patents.

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.
17.

Nontechnical Description of the '154 Patent

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 issued from

U.S. Design Patent Application 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 included with this Complaint as Physical ExhibitNo. 2.
C.
19.

Nontechnical Description of the '058 Patent

United States Design Patent 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

Application Serial No. 29/474,410, filed September 12, 2014. The '058 patent has one (1) claim.
A certified copy ofthe '058 patent is attached to the Complaint as Exhibit No. 3.
20.

The '058 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 '058 patent is included with this Complaint as Physical Exhibit No. 3.
D.

21.

Nontechnical Description of the '576 Patent

United States Design Patent No. 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 patent has one (1) claim.

A certified copy ofthe '576 patent is attached to the Complaint as Exhibit No. 4.
22.

The '576 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 '576 patent is included with this Complaint as Physical Exhibit No. 4.
E.
23.

Nontechnical Description of the '577 Patent

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 patent has 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.

^?.

3'

?>s

->

A high-quality color copy of the photograph filed with the United States Patent and Trademark

Office for the '577 patent is included with this Complaint as Physical Exhibit No. 5.
F.

25.

Nontechnical Description of the '630 Patent

United States Design Patent No. 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 Application Serial No. 29/442,516, filed March 15,2013. The '630 patent has one (1) claim.
A certified copy ofthe '630 patent is attached to the Complaint as Exhibit No. 6.
26.

The '630patent 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 '630 patent is included with this Complaint as Physical Exhibit No. 6.
G.

27.

Foreign Counterparts

Cambria is aware of the following foreign counterparts to Cambria's Asserted

Patents: Canada Industrial Design Registration No. 148599. Cambria is aware of the following
foreign counterpart applications corresponding to Cambria's Asserted Patents: Canada Industrial
Design Application Nos. 161482, 161483, and 161488.
H.

Licensees

28.

Cambria has not licensed any of the Asserted Patents.

V.

UNLAWFUL AND UNFAIR ACTS OF THE PROPOSED RESPONDENTS

29.

ProposedRespondents have engaged in unlawful and unfair acts 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 infringes each of the Asserted
Patents:

A.

30.

Asserted Patent

Infringing Respondent(s)

The '670 Patent

Wilsonart

The'154 Patent

Dorado

The '058 Patent

Wilsonart

The '576 Patent

Wilsonart

The '577 Patent

Wilsonart

The '630 Patent

Wilsonart

Proposed Respondent Wilsonart

On information and belief, proposed Respondent Wilsonart and/or persons actina

on behalf of Wilsonart imports, sells for importation, and/or sells after importation into the United

10

States certain quartz slabs and portions thereofthat infringe atleast the '670 patent, the '058 patent,
the '576 patent, the '577 patent, and the '630 patent.

31.

Prior to Wilsonart launching its collectionof quartz surface products in early 2015,

see Exhibit No. 17 (Wilsonart Quartz Collection Press Release), Wilsonart was a distributor of

Cambria products for several years and had been in talks with Cambria regarding a potential
business relationship under which Cambria would manufacture and sell quartz to Wilsonart for
distribution under a Wilsonart brand. That relationship did not come to fruition, however, and
Wilsonart chose instead to end its distribution relationship with Cambria and import quartz slabs
manufactured by foreign suppliers.

32.

Rather than develop its own novel designs, however, Wilsonart and its supplier(s)

elected to produce knock-offs of many of Cambria's designs, including at least those covered by
the '670 patent, the '058 patent, the '576 patent, the '577 patent, and the '630 patent. Cambria
informed Wilsonart of its infringement of Cambria's intellectual property rights, including by a

November 19, 2015, letter requesting that Wilsonart cease and desist from importing and selling

quartz products that infringe Cambria's intellectual property rights. Exhibit No. 41 (Letter From
Peter Martin to Wilsonart Regarding Infringement of Cambria Intellectual Property Rights). The

letter specifically identified Wilsonart's "Arno," "Aurora," "Badaling," "Murren," and "Santiago"
designs, among others, as infringing Cambria's intellectual property rights. Exhibit No. 41.
However, as detailed below, Wilsonart has continued to import, sell for importation, and/or sell

after importation into the United States quartz slabs and portions thereof embodying its "Arno,"
"Aurora," "Badaling," "Murren," and "Santiago" designs, each of which infringes one of the
Asserted Patents.

11

1.

33.

Wilsonart's Infringement of the'670 Patent

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 '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 patent because, in the eye of an ordinary observer 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 information and belief, Wilsonart's "Arno" products are imported at least
as quartz slabs, portions of which directly infringe the '670 patent at the time of importation.
2.

35.

Wilsonart's Infringement of the '058 Patent

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

2The included physical samples ofthe Accused and Domestic Industry Products are illustrative of
the practice of Cambria's Asserted Patents. However, because theyrepresent onh" a small portion
of a slab, these samples may not exhibit all the characteristics of each product and are not fullv
representative of the Accused and Domestic Industry Products, other portions of which may even
more clearly practice the Asserted Patents.
12

slabs and portions thereof that infringe the '058 patent, including at least its "Aurora" quartz
products. Aphysical sample ofWilsonart's "Aurora" product is included with this Complaint as
Physical Exhibit No. 8.

36.

Wilsonart's "Aurora" products directly infringe the '058 patent. Wilsonart directly

infringes the '058patent byimporting, selling for importation, and/or selling after importation into
. the United States its "Aurora" products. Wilsonart's "Aurora" products infringe the design

claimed in the '058 patent because, in the eye of an ordinary observer giving such attention as a

purchaser usually gives, the design ofWilsonart's "Aurora" products are substantially the same as
the design embodied and claimed in the '058 patent, such that an ordinary observer would be
deceived into believing thatWilsonart's "Aurora" design is the same as the design embodied and

claimed in the '058 patent. Review of Wilsonart's "Aurora" products demonstrates that the

products literally infringe the '058 patent. See Exhibit No. 27 (photograph comparing Wilsonart's
"Aurora" design to the '058 patent). On information and belief, Wilsonart's "Aurora" products

are imported at least as quartz slabs, portions ofwhich directly infringe the '058 patent at the time
of importation.

3.

37.

Wilsonart's Infringement of the '576 Patent

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 sample of 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
13

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 the designembodied 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 literally infringe the '576 patent. See Exhibit No. 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 time of importation.
4.

39.

Wilsonart's Infringement of the '577 Patent

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

substantially the same asthedesign embodied and claimed in the '577patent, such that anordinaryobserver 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 that the products literally infringe the '577 patent. See Exhibit No. 29 (photograph
14

comparing Wilsonart's "Santiago" design to the '577 patent). On information and belief,
Wilsonart's "Santiago" products are imported at least as quartz slabs, portions ofwhich directly
infringe the ' 577 patent at the time of importation.
5.

41.

Wilsonart's Infringement of the '630 Patent

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 '630 patent, including at least its "Murren" quartz

products. Aphysical sample ofWilsonart's "Murren" product is included with this Complaint as
Physical Exhibit No. 11.

42.

Wilsonart's "Murren" products directly infringe the '630patent. Wilsonart directly

infringes the '630 patent by importing, selling for importation, and/or selling after importation into
the United States its "Murren" products. Wilsonart's "Murren" products infringe the design

claimed in the '630 patent because, inthe eye of an ordinary observer giving such attention as a

purchaser usually gives, the design ofWilsonart's "Murren" products are substantially the same

as the design embodied and claimed in the '630 patent, such that an ordinary observer would be
deceived into believing that Wilsonart's "Murren" design is the same as the design embodied and

claimed in the '630 patent. Review of Wilsonart's "Murren" products demonstrates that the

products literally infringe the '630 patent. See Exhibit No. 30 (photograph comparing Wilsonart's
"Murren" design to the '630 patent). On information and belief, Wilsonart's "Murren" products

are imported at least as quartz slabs, portions ofwhich directly infringe the '630 patent at the time
of importation.

15

B.

43.

Proposed Respondent Dorado

On information and belief, proposed Respondent 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, Dorado has 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.

45.

Dorado's Infringement of the '154 Patent

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 patent byimporting, selling forimportation, and/or selling after importation into
the United States its "Tundra" products. Dorado's "Tundra" products infringe the design claimed
in the '154 patent because, in the eye of an ordinary observer giving such attention 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 observer would 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 Exhibit No. 31 (photograph comparing Dorado's "Tundra" design to
16

the '154 patent). Oninformation and belief, Dorado's "Tundra" products are imported at least as
quartz slabs, portions of which directly infringe the '154 patent at thetime of importation.
VI.

SPECIFIC ACTS 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, sale for importation, and/or sale after importation into the United States of infringing
quartz slabs and portions thereof.
A.

48.

Proposed Respondent Wilsonart

Wilsonart's infringing quartz slabs and portions thereof are manufactured abroad

and imported for sale into the United States. For example, Wilsonart's publicly-available guide
specification for quartz surfacing countertops represents that its quartz products conform to
"NSF/ANSI Standard 51." Exhibit 13 (Wilsonart Guide Specification Section 12 3661.19 Quartz

Surfacing Countertops) at 2, 5. The NSF/ANSI 51 standard, titled "Food Equipment Materials,"

is published byNSF International and approved by the 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

inafacility inIndia and that itsinfringing "Aurora" design ismanufactured ina facility inPortugal.
Id. The listings, "current as of Friday, February 05, 2016 at 12:15 a.m.," further indicate that
17

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 the 2015 Kitchen& BathIndustry Show in LasVegas,
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).

18

B.

50.

Proposed Respondent Dorado

Dorado's infringing quartz slabs andportions thereofare manufactured abroad and

imported for sale into the United States. Indeed, in a February 27, 2015, Facebook post, Dorado
expressly described itself as a "direct importer" while advertising its "NUSTONE" quartz

products. Exhibit 22 (Dorado Facebook Post Advertising NUSTONE Products). Consistent with
Dorado's own marketing, importation records show that Dorado has beenimporting quartz slabs,
including several shipments of quartz slabs from China from at least May 7, 2015, through
November 12, 2015. Exhibit 25 (Panjiva Importation Records For Quartz Slabs Imported by
Dorado Soapstone LLC).

51.

Dorado's imported quartz slabs and portions thereofare soldafter importation into

theUnited States. Forexample, Dorado's "NUSTONE" website indicates thatitsinfringing quartz

products are available for sale at locations in California, Colorado, Massachusetts, Minnesota, and
Texas.

Exhibit 23 (NUSTONE Website Excerpts).

Dorado's NUSTONE website invites

consumers in the United States to "[v]isit our slab yard" and explicitly advertises its infringing

"Tundra" design. Id. In addition, Cambria employees have personally seen the NUSTONE

"Tundra" quartz product for sale inthe United States and have obtained samples ofthe NUSTONE
'i

"Tundra" quartz product in the United States. See Exhibit 39 (Declaration of Peter Martin
Regarding Importation of Accused Products).
VII.

CLASSIFICATION OF THE INFRINGING PRODUCTS UNDER THE

HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

52.

On information and belief, the Accused Products fall within at least the 6802.99.00

and/or 6810.99.00 classifications ofthe Harmonized Tariff Schedule ("HTS") ofthe United States.

This HTS number is based onComplainant's current knowledge andmay notbeexhaustive ofthe

19

products accused of infringement in this Complaint. It is not intended, nor should it be interpreted,
to limit the scopeproducts accused of infringement and subject to the requested Investigation.
VIII.

THE DOMESTIC INDUSTRY

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 exploitation of the Asserted Patents, including through engineering,
research, and development.
A.
54.

The Technical Prong

Cambria practices each of the Asserted 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"):

; Cambria Design

Asserted Patent

55.

The '670 Patent

Bradshaw

The'154 Patent

Galloway

The '058 Patent

Menai

The '576 Patent

Castlemartin

The '577 Patent

Berwyn

The '630 Patent

Fairbourne

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's Bradshaw 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

20

photograph comparing Cambria's Galloway design to the design claimed inthe '154 patent and
demonstrating its 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 comparing Cambria's Menai design to the design claimed in the '058 patent and
demonstrating its substantial similarity is attached as Exhibit No. 34.
58.

Cambria's Castlemartin design practices the '576 patent. A physical sample of

Cambria's Castlemartin design is included with this Complaint as Physical ExhibitNo. 16. A

photograph comparing Cambria's Castlemartin design to the design claimed in the '576patent
and 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 Exhibit No. 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 Exhibit No. 18. A

photograph comparing Cambria's Fairbourne design to the design claimed in the '630 patent
and demonstrating its substantial similarity is attached as ExhibitNo. 37.
B.

61.

The Economic Prong

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.
21

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 industry under
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 has 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 Cambria manufactures many versions of quartz products at its 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. 38 at ^ 68.

22

64.

Cambria also conducts all of its research and development activities with respect to

its designs, including the designs ofthe Cambria Domestic Industry Products, inthe United States.
These activities also take place in Cambria's Le Sueur, Minnesota facility and require additional

equipment and materials above and beyond thatused for commercial production. 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.

RELATED LITIGATION

65.

Contemporaneous with the filing of this Complaint, Cambria filed 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 Patents nor 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, Cambria respectfully requests that the

United States International Trade Commission:

a)

Institute an immediate investigation, pursuant to 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 importation into the
United States ofRespondents' quartz slabs and portions 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, determine that there has been a violation of
Section 337;
23

c)

Issue apermanent general exclusion order, pursuant to 19 U.S.C. 1337(d),

forbidding entry into the United States all quartz slabs and portions thereof that infringe the '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

quartz slabs and portionsthereof that infringethe '670, '154, '058, '576, '577, and/or '630 patents
during the Presidential Review period; and

g)

Grant all such other and further relief as the Commissiondeems appropriate

based upon the facts complained of herein and as determined by the investigation.

24

Respectfully submitted,
FISH & RICHARDSON P.C.

Dated: April 14, 2016

Ahmed J. DaVis
Thomas S. Fusco

Christopher Dryer
Erin M.B. Leach
FISH & RICHARDSON P.C.

1425 K Street, NW, 11th Floor

Washington, DC 20005
Telephone: (202) 783-5070
Facsimile: (202) 783-2331
John S. Goetz

Kristen McCallion
FISH & RICHARDSON P.C.

601 Lexington Avenue, 52nd Floor

New York, NY 10022

Telephone: (212)-765-5070

25

VERIFICATION OF COMPLAINT

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
existing law 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, the allegations of the Complaint are well grounded in fact and have 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, 2016

Peter Martin

Executive Vice President,

Cambria Company LLC