Freedom Scientific v. Aumed - ITC

7/28/2019 Freedom Scientific v. Aumed - ITC

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:FOLEY ATTORNEYS AT LAW111 HUNTINGTON AVENUEBOSTON, MASSACHUSETTS 02199617.342.4000 TELFOLEY & LARDNER LLP 617.342.4001 FAXWWW.FOLEY.COM

OBI l 3 - L( IL-l September 26, 2013WRITER'S DIRECT [email protected] EMAILCLIENT/MATTER NUMBER0 :ouuUlL:> X C ~ ~

~ - . N 2 ~ ~

The Honorable Lisa R. BartonActing SecretaryU.S. International Trade Commission508 E Street, S.W. t 'Washington, D.C. 2 0 4 3 ~ ..

.............. --...-.......... :....Office of thf

St-uHaryInti frade C o n m u ~ s i o n

Re: In re: Certain Handheld Ma nifiers and Products Containing SameDear Secretary Barton:

Enclosed for filing on behalf ofFre dom Scientific, Inc. ("Complainant") are the documentslisted below in support of Complainant's r quest that the Commission institute an investigationpursuant to Section 337 of the TariffActo 1930, as amended, 19 U.S.C. 1337. A request forconfidential treatment of Confidential Exh bit L is transmitted concurrently herewith.

BOSTONBRUSSELSCHICAGODETROIT

Accordingly, Complainant submits the following documents for filing:1. one (1) original and eight (8 paper copies of the verified non-confidential Complaintpursuant to 19 C.F.R. 21 .8(a)(1)(i) (original unbound);2. one (1) CD containing a co y of the non-confidential exhibits to the Complaintpursuant to 19 C.F.R. 21 .8(a)(l)(i);3. one (1) CD containing a co y of the confidential exhibits to the Complaint pursuantto 19 C.F.R. 210.8(a)( l)( i);4. two (2) additional copies o the Complaint and two (2) additional CDs containing thenon-confidential exhibits fi r service upon the proposed respondents; and two (2)additional CDs containing he confidential exhibits for service upon counsel for therespondents once appropri te subscriptions to the protective order have been filed,pursuant to 19 C.F.R. 21 .8(a)(l)(iii);5. certified copies ofU.S. Deign Patent No. 624,107 ("the '107 patent") and U.S.

6.

Patent No. 8,264,598 ("the '598 patent"), and 3 additional copies of these patents onCD (Exhibits A and C tot e Complaint), pursuant to 19 C.F.R. 210.8(a)(l)(iii)and 21 0.12(a)(9)(i);one copy of the assignmen for the '1 07 patent, and 3 additional copies of thisassignment on CD (Exhibi B to the Complaint), pursuant to 19 C.F.R.

JACKSONVILLE MIL AUKEE SAN DIEGO SILICON VALLEYLOS ANGELES NE YORK SAN DIEGO/DEL MAR TALLAHASSEEMADISON OR NDO SAN FRANCISCO TAMPAMIAMI SA RAMENTO SHANGHAI TOKYO

WASHINGTON, D.C.4832-6173-


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:FOLEYFOLEY & LA RON ER LLP

September 26, 2013Page 2

210 .12(a )(9)(i). Please note hat a certified copy of this assignment is included inAppendix A described belo at 8;7. one copy of the assignment or the '598 patent, and 3 additional copies of thisassignment on CD (Exhibit to the Complaint), pursuant to 19 C.P.R. 210.12(i)"(9)(i). Please note that a certified copy of this assignment is included in

Appendix -J3 described belo at 9;8. a certified copy and three (3 CDs loaded with the prosecution l)istory of the '1 07patent are included as Appe dix A pursuant to 19 C.P.R. 210.12(c)(l) and210.12(d). The certified pat nt assignment, described at 6 above, can be found at

PDF pages 25-27 of the file history.9. a certified copy and three (3 CDs loaded with the prosecution history of the '598patent are included as Appe dix B pursuant to 19 C.P.R. 210.12(c)(l) and210 .12( d). The certified pa ent assignment, described at 7 above, can be found atPDF pages 36-41 of the file history.10. four (4) CDs, each loaded ith U.S. Design Patent No. 624,107, and its CitedReferences, are included as Appendix C pursuant to 19 C.P.R. 210.12(c)(2);11. four (4) CDs, each loaded ith U.S. Patent No. 8,264,598, and its Cited References,

are included as Appendix pursuant to 19 C.P.R. 210.12(c)(2);12. one additional hard copy o the complaint for service on the Embassy of the People'sRepublic of China, pursua to 19 C.P.R. 210.8(a)(1)(iv) and 210.11(a)(l)(ii);13. eight (8) copies of the Stat ment ofPublic Interest pursuant to 19 C.P.R. 210.8(b);and14. a letter pursuant to Commi sion Rules 201.6(b) and 210.5(d) requestingconfidential treatment of C nfidential Exhibit L.

4832-6173-1


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:FOLEYFOLEY & LARDNER LLP


Thank you for your assistance inabout this submission.

Enclosures

matter. Please contact me if you have any questions

Sincerely,

4832-6173


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ATTORNEYS AT LAW:FOLEYFOLEY & LARDNER LLP

111 HUNTINGTON AVENUEBOSTON, MASSACHUSETTS 02199617.342.4000 TEL

The Honorable Lisa R. BartonActing Secretary .U.S. International Tradf Commission500 E Street, S.W.Washington, D.C. 20436

September 26, 2013

617.342.4001 FAXWWW.FOLEY.COMWRITER'S DIRECT [email protected] EMAILCLIENT/MATTER NUMBER096004-0125

Re: In re: Certain Handh ld Magnifiers and Products Containing Same-REQUEST FOR ONFIDENTIAL TREATMENT

Dear Secretary Barton:This finn represents Complainant reedom Scientific, Inc. ("Complainant"), which is

currently filing a Complaint pursuant to Se tion 337 ofthe Tariff Act of 1930, as amended, 19U.S.C. 1337.

In accordance with Commission R les 201.6 and 210.8(b), 19 C.F.R. 201.6 and 210.8(b),Complainant hereby requests confidential eatment of certain information contained in Exhibit L tothe Complaint filed herewith.

The business information for whic confidential treatment is sought consists of proprietarycommercial and technical information that is not otherwise publicly available. Specifically,Confidential Exhibit L contains proprieta commercial information regarding Complainants'domestic investments in plant and equipm nt, labor and capital, and engineering and research anddevelopment related to products that pract ce one or more claims of the asserted patents.

The information described herein ualifies as confidential business information pursuant toRule 201.6(a) because: (1) it is not availa le to the general public; (2) unauthorized disclosure ofsuch information could cause substantial ann to the competitive position of Complainant; and (3)disclosure of the information could impai the Commission's ability to obtain information necessaryto perform its statutory function.

In accordance with 19 C.F.R. 20 .6(b)(iv), a copy of Confidential Exhibit Lis enclosedwith an indication on the cover the portio s thereof that include confidential information and withthe materials therein containing confident al information identified with brackets. In accordancewith 19 C.F.R. 2016(b)(v), a copy ofth nonconfidential version of Exhibit Lis also provided.

BOSTONBRUSSELSCHICAGODETROIT

JACKSONVILLELOS ANGELESMADISONMIAMI

Ml AUKEENE YORKOR NDOSA RAMENTO

SAN DIEGOSAN DIEGO/DEL MARSAN FRANCISCOSHANGHAI

SILICON VALLEYTALLAHASSEETAMPATOKYOWASHINGTON, D.C.

4831-5961-6


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:FOLEYFOLEY & LARDNER LLP


For good cause shown, I respectfull request confidential treatment of Confidential Exhibit Lin support of the Complaint. Please contac me ifyou have any questions about this request or if thisrequest is not granted in full.By my signature below, I certify th t the confidential business information in ConfidentialExhibit L or substantiatly-identical informa ion is not reasonably available to the public and warrantsconfidential treatment n ~ l e r Commission ule 201.6.Thank you for your assistance in th's matter. Please contact me if you }lave any questionsabout this submission.

Sincerely,// ;/:Matthew B. Lowrie

Enclosures

4831-5961-6


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UNITED STATES INTE A TIONAL TRADE COMMISSIONWAS INGTON, D.C.

)In the Matter of '})CERTAIN HANDHELD )MAGNIFIERS AND )PRODUCTS , )CONTAINING SAMf )

'! ' )

InvestigationNo. 337-TA-----

STATEMEN OF PUBLIC INTERESTPursuant to Commission Rule 210. (b), Complainant Freedorp. Scientific, Inc.

("Freedom Scientific") respectfully submi s this separate Statement of Public Interest inconnection with its concurrently filed Co plaint titled "Certain Handheld Magnifiers andProducts Containing Same."

Freedom Scientific seeks a limite exclusion order specifically directed to the proposedRespondents and the Accused Products, e eluding from entry into the United States certainhandheld magnifiers that infringe one or ore asserted claims ofU.S. Des. Patent No. D624,107and U.S. Patent No. 8,264,598 (the "Ass rted Patents"). Freedom Scientific also seeks a ceaseand desist order prohibiting the proposed Respondents from engaging in the selling, marketing,advertising, distributing, selling, offering for sale, transporting (except for exportation), andsoliciting U.S. agents or distributors in t e United States of these handheld magnifiers thatinfringe one or more of the asserted clai s of the Asserted Patents.

Should the Commission issue eit er or both of these remedial orders as a result of thisInvestigation, there will be little or no a erse effect on public health and welfare in the United


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States, competitive conditions in the Unite States economy, the production oflike or directlycompetitive articles in the United States, or on United States consumers.

Protecting Freedom Scientific's im ortant intellectual property rights in the United Statesthrough the requested remedial orders will erve the public interest while having little or noadverse effect on health and welfare.I. HOW THE A6-TICLES POTEN IALL Y SUBJECT TO THEORDERS ARE USED IN THE ITED STATES.

The articles potentially subject toe elusion and cease and desist orders in this matterinclude certain handheld magnifiers. Prop sed respondents Aumed Group Corp. and AumedInc. (collectively, "Aumed") design, man acture, import, sell for importation, sell afterimportation, and/or distribute infringing h dheld magnifiers (the "Accused Products") in theUnited States. The infringing articles are ainly used by U.S. consumers for magnifying imagesand reading materials.II. PUBLIC HEALTH, SAFETY, R WELFARE CONCERNS RELATING

TO THE REQUESTED REME IAL ORDERSThe issuance of a permanent limit d exclusion order and a cease and desist order would

have little or no adverse effect on the pubic health, safety, or welfare in the United States. Thedevices at issue are not medical devices d are not essential for public health. The devices arenot of the type that raise public health, sa ety, or welfare concerns that historically have beencited by the Commission. See, e.g., Cert in Fluidized Supporting Apparatus and ComponentsThereof, Inv. No. 337-TA-1 82/188, 198 ITC LEXIS 256, at *1, 35-37 (Oct. 1984) (denyingexclusion order of hospital bum beds). ather, the accused products are handheld magnifiersthat used in the United States for magni ing images and reading materials, and exclusion shouldhave little or no adverse impact on the p blic health, safety, or welfare.

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Moreover, there is a strong publici terest in finding a violation of Section 337 andprotecting intellectual property rights by ex luding infringing imports. See Certain Two-HandleCenterset Faucers and Escutcheons, and C mponents Thereof, Inv. No. 337-TA-422, Comm'n

- Op. at 9 (Public Version)(July 21, 2000) ( nding no public interest concerns that would preventexcluding infringing imported faucets).

The issuance opemedial orders in his matter would protect Freedom Scientific's U.S.intellectual property rights, which would fi rther the public interest.III. LIKE OR DIRECTLY COMPE ITIVE ARTICLES MADE BY COMPLAINANTOR THIRD PARTIES WHICH OULD REPLACE THE SUBJECT ARTICLESIF THEY WERE EXCLUDED

Freedom Scientific itself designs, anufactures, and sells handheld magnifiers that aredirectly competitive with proposed Respo dents' infringing devices. In addition, there are otherthird-parties that supply different types of agnifiers to the United States market. Thus, even ifthe Accused Products in this matter were xcluded, those articles could be replaced by FreedomScientific and/or other non-infringing coIV. ABILITY OF COMPLAINANT AND/OR THIRD PARTIES TO REPLACE THEVOLUME OF ARTICLES SUB CT TO THE REQUESTED REMEDIAL

ORDERS IN A COMMERCIA LY REASONABLE TIME IN THE UNITEDSTATESFreedom Scientific believes that it and/or third-party suppliers of non-infringing devices

will have the capacity to replace the volu e ofproducts potentially subject to an exclusion orderand/or a cease and desist order within a c mmercially reasonable time in the United States.V. HOW THE REQUESTED RE EDIAL ORDERS WOULD IMPACTCONSUMERS

The issuance of a limited exclusi n order and a cease and desist order in thisInvestigation will not adversely impact c nsumers. As noted above, there are numerous otherchannels through which consumers can b adequately supplied with non-infringing devices.

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These numerous outlets would meet the de and ofthe United States market even if therequested remedial orders were put in place.

Consumers will still be able to pure ase competitively priced handheld magnifiers similartotlre infringing products without actually ncroaching on Freedom Scientific'sintellectualproperty rights. As the competing product are readily available in the United States from other

s o ~ r c e s , including f r o ~ F r e e d o m Scientifi itself, the public interest should not bar issuance ofany remedial orders. Se&Certain Persona Data andMobile Commc 'n Devices and RelatedSoftware, lnv. No. 337-TA-710, Comm'n p. at 69, USITC Pub. No. 4331 (June 2012) (furtherdiscussing that "the mere constriction of c oice cannot be a sufficient basis for denying theissuance of an exclusion order").VI. CONCLUSION

For the foregoing reasons, there ar no public interest concerns that should preclude theissuance of the remedy requested by Free om Scientific in this Investigation.

Dated: September 20, 2013 Respectfully submitted,~ ~ :;::::;---Matthew B. LowrieAaron W. MooreFOLEY & LARDNER LLP111 Huntington AvenueBoston, MA 02199Phone: (617) 342-4000Fax: (617) 342-4001

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UNITED STATES INTE ATIONAL TRADE COMMISSIONWAS INGTON, D.C.

)In the Matter of ))CERTAIN HANDHELD )MAGNIFIERS AND )PRODUCTS . )CONTAINING S A M ~ )


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I. INTRODUCTION1. This Complaint is filed by F eedom Scientific, Inc. ("Freedom Scientific"),

pursuant to Section 337 of the TariffActo 1930, as amended, 19 U.S.C. 1337 ("Section337"), based upon the unlawful importatio into the United States, the sale for importation,and/or the sale after importation by Respo dents Aumed Group Corp. and Aumed, Inc.

( c ~ l l e c t i v e l y , "Aumed'P- of certain handhel magnifiers that-infringe U.S. Des. Patent No.D624, 107 (the '" 107 patent") and that infri ge claims 1-7 ofUnited States Letters Patent No.8,264,598 (the "'598 patent").

2. Freedom Scientific is the o ner of the '1 07 and '598 patents and seeks as reliefan order excluding from entry into the Uni ed States all Aumed magnifiers that infringe the '1 07Patent and that infringe the aforementione claims of the '598 Patent, and a cease and desistorder halting the sale by Aumed of all sue infringing, imported magnifiers.II. COMPLAINANT

3. Complainant Freedom Scie tific is a Delaware corporation with a principal placeof business at 11800 31st Court North, St. Petersburg, Florida 33716-1805.

4. Freedom Scientific is in th business of designing, developing, manufacturing,and marketing products to assist blind an low-vision individuals, including magnificationhardware and software, screen reading so ware, keyboards, and braille displays.III. RESPONDENTS

5. Respondent Aumed Group Corp. ("Aumed Group") is a corporation organizedand existing under the laws of China, wit a principal place of business at 3/F Building D, No.31 Jiaoda Dong Road, Haidian District, eijing 100044, China. Amued Group is themanufacturer of certain handheld magnifiers and products containing same that are the subject ofthis investigation.

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6. Respondent Aumed Inc. is a corporation organized and existing under the laws ofCalifornia, with a principal place ofbusine sat 131 Glenn Way, Unit 5, San Carlos, CA 94070.Amued Inc. is the United States sales agen for certain handheld magnifiers and productscontaining same that are manufactured by umed Group and are the,subject of this investigation.

7. Respondents are in the busi ess of developing, manufacturing, importing, offeringto 3ell, and selling wha:t_they describe as m dical technologies .. As part of their business,Respondents manufactur@and sell handhel magnifiers in competition with Freedom Scientific.IV. THE HANDHELD MAGNIFIE INDUSTRY

8. The products at issue are h dheld magnifiers used by low vision users and othersto enlarge materials for easier viewing or r ading.

9. Freedom Scientific has bee a pioneer in the development of handheld magnifiersand, as a result of numerous innovations, i eluding those described and claimed in the '1 07 and'598 patents, Freedom Scientific has beco e one ofthe world's leading suppliers of suchmagnifiers.

10. Among the handheld magn fiers sold by Freedom Scientific is the acclaimedRUBY handheld magnifier, which is cov red by the claims of the '1 07 and '598 patents.V. THE '598 AND '107 PATENTS

11. On September 21,2010, th United States Patent and Trademark Office("USPTO") duly, properly, and legally is ued United States Patent No. D624,107, titled "Handheld multi position magnifier camera," to Freedom Scientific as the assignee of the inventor. Anoriginal certified copy of the '1 07 patent s submitted with this Complaint and a copy is attachedas Exhibit A. An original certified copy f the assignment from the inventor to FreedomScientific is submitted with this Complai t, and a copy is attached as Exhibit B.

12. Freedom Scientific presen ly owns all right, title, and interest in the '1 07 patent.

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13. The '1 07 patent issued from Application Serial Number D/33 8, 154, filed June 5,2009. A certified copy of the USPTO pros cution history for the '107 patent and threeadditional copies of that prosecution histo are being submitted with this Complaint.

14. On September 11; 2012, th United States Patent andTrademarkOffiee -("USPTO") duly, properly, and legally iss ed United States Patent No. 8,264,598, titled

" ~ u l t i p o s i t i o n Handhe;}d Electronic Magn fier," to Freedom Scientific as the assignee of theinventors. An original c ~ r t i f i e d copy ofth '598 paten:t is submittedwith this Complaint and acopy is attached as Exhibit C. An original certified copy of the assignment frem the inventors toFreedom Scientific is submitted with this omplaint, and a copy is attached as Exhibit D.

15. Freedom Scientific presentl owns all right, title, and interest in the '598 patent.16. The '598 patent issued fro Application Serial Number 12/478,993, filed April

June 5, 2009. A certified copy of the USP 0 prosecution history for the '598 patent and threeadditional copies of that prosecution histo are being submitted with this Complaint.

17. The technology embodied 'n the '107 and '598 patents represents a significantadvancement in handheld magnifiers. Pri r art magnifiers were heavy and bulky, and includedonly one mode of operation, requiring au er to hold the device at a fixed distance above theobject being viewed. The improvements mbodied in the '1 07 and '598 patents result inmagnifiers that are portable and capable o use in multiple modes.

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18. The '1 07 patent is directed t the ornamental design of a handheld magnifier.Figure 9, reproduced below, shows one vie of the patented design:

19. The '598 patent is directed o a magnifier that includes a camera that displaysenlarged images upon a screen for easy vi wing. The magnifier also includes a handle that ispivotally connected to a housing, allowing for handheld use in a variety of differentconfigurations. One embodiment is show in Figure 8, reproduced below:

22

FIG. 8

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20. The following foreign paten s corresponding to the '1 07 patent have issued:Country/RegionChinaEuropeJapan

Patent NumberCN 301438773 S001639832-00011405162

21. Other tn those listed abov , there are no foreign patents, pending foreign patentapplications, or foreign patent applications that have been denied, abandoned, or withdrawncorresponding to the '1 07 patent.

22. The following foreign pate ts corresponding to the '598 patent have issued:Country/RegionEurope

Patent Number10784085.2

23. Other than those listed abo e, there are no foreign patents, pending foreign patentapplications, or foreign patent application that have been denied, abandoned, or withdrawncorresponding to the '598 patent.

24. Freedom Scientific has not granted any licenses under the '1 07 patent or anycounterparts.

25. Freedom Scientific has not granted any licenses under the '598 patent or anycounterparts.VI. INFRINGEMENT

26. The '1 07 patent is infringe by certain Aumed handheld magnifiers, including, inparticular but without limitation, Aumed' "Image" Magnifier.

27. Claims 1-7 ofthe '598 pat nt are infringed by certain Aumed handheldmagnifiers, including, in particular but w'thout limitation, Aumed's "Image" Magnifier.

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A. Infringement of the '107 P28. Reproduced below are Figu s 1 and 2 ofthe '107 Patent.

l_-

III - - - - - - 1 ~!l -----==- It,i -------- 1\ll .,32\ ~ a - - '1d l

-----,

;'lQ~ ~. -- li '28

32I1!j;\ii!1

FIG.2

29. Reproduced below are dra ings of the Aumed "Image" magnifier, taken fromAumed's manual for the device (Exhibit E :

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30. As can be seen from these fi ures alone, the Aumed "Image" product appropriatesvirtually all of the ornamental features of e patented design, such that, in the eye of an ordinaryobserver, the accused design and the paten ed design would be substantially the same. Exhibit Fprovides a claim char t inwhich a series of hotos of the Aumed "Image" product are eachdisplayed adjacent to the corresponding vi w of the Figures of the '1 07 Patent.

31. Freedom Scientific's analysis of the Aumed '-'Image" product thus demonstrateslthat it infringes the '1 07 P ~ t e n t .

B. Infringement of the '598 atent32. The following chart reads c aims 1-7 of the '598 patent on the Aumed "Image"

Product:'598 Patent1. A handheld electronic magnifierto assist blind or low vision users inviewing objects, the magnifiercomprising:

a housing having a front face, a backface, and a peripheral edgetherebetween,

med "Image" ProductT Aumed "Image" is a handheld electronic magnifierto ssist blind or low vision users in viewing objects, assh wn in the image below from Aumed flyer for thepr duct (Exhibit G):

T e Aumed "Image" has a housing with a front face, ab ck face, and a peripheral edge therebetween, as showna ove and below.

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'598 Patenta camera positioned within thehousing,

a camera aperture formed within theback face and in alignment with thecamera,an LCD screen recessed within thefront face, the LCD screenselectively displaying objects viewedby the camera,

a series of controls adjacent to theLCD screen,

Aumed "Image" has a camera positioned within theho sing, circled in red in the center of the photo below,rep oduced from Exhibit H:

Th Aumed "Image" has a camera aperture formedwi hin the back face and in alignment with the camera, assh wn in the image immediately above.Th Aumed "Image" has an LCD screen recessed withinth front face, the LCD screen selectively displayingob ects viewed by the camera, as shown in an imagebe ow from the Aumed flyer (Exhibit G):

e Aumed "Image" has a series of controls adjacent toth LCD screen, namely the green, yellow, and redb ttons shown above.

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'598 Patenta pair of LEDs positioned upon theback face, the LEDs being angledinwardly towards a focal point;

a handle pivotally connected to thehousing, the handle having a frontface, a back face, and a peripheraledge therebetween,

an aperture and a pair of light guidesformed within the back face,

Aumed "Image" has a pair of LEDs positioned uponface, the LEDs being angled inwardly towards apoint, as shown in the red circles in the photo belowr e p i ! o O u c e ~ O from Exhibit H:

Aumed "Image" has a handle pivotally connected tohousing, the handle having a front face, a back face,a peripheral edge therebetween, as shown at right inphoto below reproduced from Exhibit H:

Aumed "Image" has an aperture (in the red circle)a pair of light guides formed within the back face ofhandle (in the blue circles), as shown in the photoow reproduced from Exhibit H:

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'598 Patentan opening formed within the frontface,

the aperture and opening being inalignment,a battery door within the back face;

"Image" ProductAumed "Image" has an opening formed within theface of the handle, as shown in the photo below

r e o n o c l u c t ~ a from Exhibit H:

aperture and opening are in alignment, as shown inimage immediately above.Aumed "Image" has a battery door within the backofthe handle, as shown (in dark grey) in the imagereproduced from Exhibit H:

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'598 Patenta light chamber formed within thehandle, the light chamber having acolor that promotes light reflectionand further including angled surfacespositioned immediately below thelight guides,

a pair of battery compartmentspositioned adjacent to the lightchamber, whereby the battery doorcan be removed to gain access to thebattery compartments;

"Image" Product....... ., ... "Image" has a light chamber formed within

............ ..,. the light chamber having a color thatn r r nr.te>c light reflection and further including angled

positioned immediately below the light guides,in the image below reproduced froin Exhibit H:

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'598 Patentthe magnifier having a firstorientation wherein the housing andhandle are in alignment, such thatthe handle can be held by the user toposition the camera at a distancefrom the object being viewed,

the magnifier having a secondorientation wherein the handle andhousing are angularly related, suchthat the handle can be positionedupon a surface and objects can beplaced in front of the camera,

"Image" ProductAumed "Image" has a first orientation wherein the and handle are in alignment, such that the handlecan be held by the user to position the camera at a

'.u"''P''"'"' from the object being viewed, as shown in thebelow reproduced from Exhibit H:

Aumed "Image" has a second orientation whereinhandle and housing are angularly related, such thathandle can be positioned upon a surface and objectsbe placed in front of the camera, as shown in thebelow from the Aumed flyer (Exhibit G):

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'598 Patentthe magnifier having a thirdorientation wherein the back faces ofthe housing and handle are broughttogether, such that the handle can bepositioned over top of the objectbeing viewed;

whereby the third orientation permitsthe camera to view objects throughthe apertures and the opening, anddirects light from the LEDs, throughthe light guides, into the lightchamber, and out through theopening to thereby illuminate theobject being viewed.2. A handheld magnifier to assistblind or low vision users in viewingobjects, the magnifier comprising:

"Image" ProductAumed "Image" has a third orientation wherein thefaces of the housing and handle are brought, such that the handle can be positioned over top

object being viewed, as shown in the photo belowr e o r o a u c c : : ~ a from Exhibit H:

shown in the image immediately above, the thirdtation permits the camera to view objects throughapertures and the opening, and directs light from thes, through the light guides, into the light chamber,out through the opening to thereby illuminate thebeing viewed. If the LEDs did not illuminate thein this fashion, it would not be viewable on thescreen in this configuration.Aumed "Image'; is a handheld magnifier to assistor low vision users in viewing objects, as shown inimage below from the Aumed flyer for the product.bit G):

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'598 Patenta housing having a front face, a backface, and a peripheral edgetherebetween,a camera positioned within thehousing,

a camera aperture formed within theback face and in alignment with thecamera,a light source positioned adjacent thecamera aperture,

"Image" ProductAumed "Image" has a housing with a front face, aface, and a peripheral edge therebetween, as shown

and below.Aumed "Image" has a camera positioned within theas described for claim 1 and shown in the center

photo below, reproduced from Exhibit H:

Aumed "Image" has a camera aperture formed the back face and in alignment with the camera, asin the image immediately above.Aumed "Image" has a light source (LEDs) adjacent the camera aperture, as described in1 and shown in the photo below reproduced fromit H:

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'598 Patenta screen positioned within the frontface, the screen selectivelydisplaying objects viewed by thecamera;

a handle pivotally connected to thehousing, the handle having a frontface, a back face, and a peripheraledge therebetween,

an opening and a light guide formedin the handle;

a light chamber formed within thehandle;

Aumed "Image" has an LCD screen recessed withint face, the LCD screen selectively displayingviewed by the camera, as shown in an image

from the Aumed flyer (Exhibit G):

Aumed "Image" has a handle pivotally connected tohousing, the handle having a front face, a back face,a peripheral edge therebetween, as shown in thebelow reproduced from Exhibit H:

Aumed "Image" has an opening and a light guidein the handle, as shown in the photo belowfrom Exhibit H:

Aumed "Image" has a light chamber formed withinhandle, as shown above.

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'598 Patentthe magnifier having a firstorientation wherein the housing andhandle are in alignment, such thatthe handle can be held by the user toposition the camera at a distancefrom the object being viewed,

the magnifier having a secondorientation wherein the handle andhousing are angularly related, suchthat the handle can be positionedupon a surface and objects can beplaced in front of the camera,

magnifier has a first orientation wherein the housingand handle are in alignment, such that the handle can beby the user to position the camera at a distance fromect being viewed, as shown in the photo below

vu'"' '"' '- 'U from Exhibit H:

Aumed "Image" has a second orientation whereinhandle and housing are angularly related, such thathandle can be positioned upon a surface and objectsbe placed in front of the camera, as shown in thebelow from the Aumed flyer (Exhibit G):

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'598 Patentthe magnifier having a thirdorientation wherein the back faces ofthe housing and handle are broughttogether, such that the handle can bepositioned over top of the objectbeing viewed;

whereby the third orientation permitsthe camera to view objects throughthe camera aperture and handleopening, and whereby light from thelight source is direct into the lightguide and into the light chamber tothereby illuminate the object beingviewed.3. The magnifier as described inclaim 2 wherein the light source is apair ofLEDs.

"Image" ProductAumed "Image" has a third orientation wherein thefaces of the housing and handle are brought, such that the handle can be positioned over top

e object being viewed, as shown in the photo belowr e n r o a . u c { ~ a from Exhibit H:

shown above, the third orientation permits the cameraew objects through the camera aperture and handle, and whereby light from the light source is directthe light guide and into the light chamber to therebyte the object being viewed.

In Aumed "Image," the light source is a pair ofLEDs,as shown in the photo below reproduced from Exhibit H:

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'598 Patent4. The magnifier as described inclaim 2 wherein the light source isangled.

5. The magnifier as described inclaim 2 wherein the handle houses abattery compartment.

Aumed "Image," the light source is angled, asin the photo below reproduced from Exhibit H:

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'598 Patent6. The magnifier as described inclaim 2 wherein the light chamber isformed from a light reflectivematerial.

7. The magnifier as described inclaim 2 wherein the light chamberincludes an angled surface that ispositioned immediately below thelight guide when in the thirdorientation.

33. Freedom Scientific'sit infringes the '598 Patent.VII. IMPORTATION AND SALE

Aumed "Image," the light chamber is formed fromreflective material, as shown in the photo belowfrom Exhibit H:

Aumed "Image," the light chamber includes ansurface that is positioned immediately below theguide when in the third orientation, as shown in thebelow reproduced from Exhibit H.

of the Aumed Image product thus demonstrates that

34. On information and belief, umed has imported, sold for importation, and sold

patents and plans to continue doing so in35. tives ofFreedom Scientific attended an industry

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Scientific representatives at that trade sho . Freedom Scientific is informed and believes thatAumed does not have manufacturing facili ies in the Upited States; therefore, the "Image"product used and displayed at the AIT A tr de show must have been imported.

36. Additionally, Freedom Scie tific has obtained a sample of the Aumed "Image"product in the United States, the packagin ofwhich states that the product was "Made in China"an? further includes a ~ t i c k e r with a black ned checkbox indicating that the product wasmanufactured for use in the United States. Photos of the packaging are included as Exhibit H.

37. The item numbers under th Harmonized Tariff Schedules of the United States forhandheld magnifiers that have been impo ed unlawfully into the United States, sold forimportation into the United States, or sold after importation into the United States in violation ofFreedom Scientific's patent rights are as fi llows:

9817.00.96528.59.1500

VIII. RELATED LITIGATION38. On the same day Freedom cientific is filing this Complaint, it is filing an action

against Aumed Group Corp. and Aumed, nc. for infringement of the '1 07 and ' 598 patents inthe United States District Court for theM ddle District ofFlorida.

39. Neither of the '1 07 or ' 59 patents, nor any foreign counterparts, nor the subjectmatter thereof, are or have been the subje t of any court or agency litigation.IX. DOMESTIC INDUSTRY

A. Economic Prong40. A domestic industry exist with respect to handheld magnifiers by virtue of, inter

alia, Freedom Scientific's extensive acti ities in the United States. Freedom Scientific has madea substantial investment in the exploitati n of the '1 07 and '598 patents in the form of research

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and development, engineering, sales activi ies, support activities, and administrative activities inthe United States. Freedom Scientific also employs a significant amount of labor in the UnitedStates for engineering, marketing, sales, a d support of products embodying claims of the '107and '598 patents.-Freedom Scientific's in estment inthe exploitation ofthe--'107 and '598patents is detailed in the Confidential Decl ration of Roy D. Rafalco, filed herewith.

41. The '10j-and '598 patents re important to the success ofFreedom Scientific'sportable magnifier business, as the technol gy they embody is incorporated into its flagshipportable magnifier product. Physical Exhi it 1 is a sample of a representative, FreedomScientific RUBY portable magnifier pro ct that is covered by the claims of the '1 07 and '598patents.

42. Freedom Scientific's dome tic activities related to the '107 and '598 patents aredetailed in the Confidential Declaration o Roy D. Rafalco, attached as Exhibit L.

B. Technical Prong43. Freedom Scientific sells pr ducts covered by the claims ofthe '107 and '598

patents in the United States. Photos com aring the Freedom Scientific RUBY Handheld VideoMagnifier with the Figures of the '1 07 pa ent are attached as Exhibit J, and a chart comparingexemplary claim 1 of the '598 patent to t e Freedom Scientific RUBY product is attached asExhibit K.

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X. RELIEFWHEREFORE, by reason of the fo egoing, Freedom Scientific requests that the

International Trade Commission:a. institute an,immediateinve tigation pursuant-to Section 337 of the Tariff Act of

1930, as amended, 19 U.S.C. 1337, with espect to violations of that section based upon theunlawful importation into the United State , the sale for importation, or the sale within the- zUnited States after importation by Aumed roup Corp. and/or Aumed Inc. of handheldmagnifiers that infringe United States Des. Patent No. D624, 107 and/or United States Patent No.8,264,598; and

b. schedule and conduct a hea ing on said unlawful acts and, following said hearing:(i) issue a limited, pe anent exclusion order pursuant to Section 337(d) of

the Tariff Act of 1930, as amended, exclu ing entry into and sales within the United States ofAumed Group Corp. handheld magnifiers that infringe the claims at issue herein of United StatesDes. Patent No. D624, 107 and United Sta es Patent No. 8,264,598; and

(ii) issue a permanent cease and desist order pursuant to Section 337(f) of theTariff Act of 1930, as amended, directing Aumed Group Corp. to cease and desist from engagingin the unfair methods or acts relating to th importation into and sale within the United States ofany ceramic materials and products there fthat infringe the claims at issue herein ofUnitedStates Des. Patent No. D624,107 and Uni ed States Patent No. 8,264,598; and

c. grant such other and furth r relief as the Commission deems just and proper underthe law, based on the facts determined by the investigation and under the authority of theCommission.

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Dated: September 20, 2013

.t

Respectfully submitted,

Matthew B. LowrieAaron W. MooreFOLEY & LARDNER LLP111 Huntington AvenueBoston, MA 02199Phone: (617)342-4000Fax: (617) 342-4001

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Exhibit AExhibit B

Exhibit CExhibit D

Exhibit EExhibit F

Exhibit GExhibit HExhibit IExhibit J

Exhibit K

Exhibit L

Physical Exhibit 1

INDE OF EXHIBITS

Copy of the '1 07 PatentCop of the Assignment of the '107 Patent to Free om Scientific

ofthe '598 PatentCop of the Assignment of the '598 Patent toFree om ScientificAum d's Manual for the "Image" ProductPhot s Comparing a Sample ofthe Aumed "Image"Prod ct to the Figures of the '107 Patent

Phot sofa Sample of the Aumed "Image" ProductPhot of Aumed Trade Show Booth GraphicCo paris on of the '1 07 Patent and the Freedom ScientificRU y Handheld Magnifier

Chart Comparing Claim 1 of the '598 Patent and theom Scientific RUBy Handheld Magnifier

Con 1dential Declaration of Roy D. Rafalco

INDEX OF PHYSICAL EXHIBITS

Sa pie of Freedom Scientific RUBY Product

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VERIFICAT ON OF COMPLAINTI, Roy D. Rafalco, declare, in accor ance with 19 C.F.R. 210.4 and 210.12(a), under

penalty of perjury under the laws of the Un ted States, that the following statements are true andcorrect: . . - -l"""

1. I am ChiefFinancial Office and General Counsel for Complainant FreedomS c ~ e n t i f i c , Inc. and am 1uly authorized to s gn this Complaint on behal f of said Complainant.

2. I have read-the foregoing C mplaint.3. To the best of my know ed e, information, and belief, based upon reasonable

inquiry, the foregoing Complaint is well-fi unded in fact and is warranted by existing law or by anon-frivolous argument for the extension, edification, or reversal of existing law or theestablishment of new law.

4. The allegations and other f: ctual contentions have evidentiary support or arelikely to have evidentiary support after a r asonable opportunity for further investigation ordiscovery.

5. The foregoing Complaint i not being filed for an improper purpose, such as toharass or to cause unnecessary delay or ne dless increase in the cost of litigation.

Executed this 20th day ofSeptem er, 2013.

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Freedom Scientific v. Aumed - ITC

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