mwe.com
`
`Jay Reiziss
`Attorney at Law
`jreiziss@mwe.com
`+1 202 756 8646
`
`
`
`
`
`
`
`
`
`
`October 24, 2024
`
`VIA ELECTRONIC FILING
`
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E. Street, S.W., Room 112-A
`Washington, D.C. 20436
`
`Re:
`
`Certain Crafting Machines and Components Thereof, Docket No. 337-3774
`
`
`Dear Secretary Barton:
`
`
`On behalf of Complainant Cricut, Inc. (“Cricut”), and pursuant to discussions with the Office of
`Unfair Import Investigations (“OUII”), please find, below and attached, clarifying statements and
`materials in support of Cricut’s Verified Complaint in the above-referenced matter under Section 337 of
`the Tariff Act of 1930, as Amended (“Section 337”). Specifically, Cricut hereby submits, in accordance
`with OUII’s requests: (1) revisions to Paragraphs 32, 38, and 53 of the Complaint; and (2) replacement
`Exhibit 43C.
`
`First, Cricut revises Paragraph 32 as follows:
`
`On information and belief, proposed Respondent LiPing Zhan is a resident of China who
`32.
`does business under the “Konduone” name. According to records of the USPTO for the
`“Konduone” trademark (Registration No. 5415520), LiPing Zhan’s address is at No. 187,
`Yanglinguan Street, Xingou Town, Jianli County, Jingzhou, China 433300. The trademark records
`are publicly available from the USPTO Trademark Search,1 and a screenshot is provided below:
`
`
`
`1
`https://tsdr.uspto.gov/#caseNumber=5415520&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=
`statusSearch
`
`500 North Capitol Street, N.W. Washington D.C. 20001-1531 Tel +1 202 756 8000 Fax +1 202 756 8087
`US practice conducted through McDermott Will & Emery LLP.
`
`
`
`
`
`
`
`
`The Honorable Lisa R. Barton
`October 24, 2024
`Page 2
`
`
`This revision specifically identifies the supporting documentation for Cricut’s “information and
`belief” regarding the Konduone proposed respondent.
`
`Second, Cricut revises Paragraph 38 as follows:
`
`On information and belief, OffNova may also be contacted at its affiliate: DTC IP
`38.
`Holdings, LLC, 251 Little Falls Drive, Wilmington, Delaware, 19808 and at
`legal.gdsn@gmail.com. This is the address and contact information that the proposed respondent
`provided to the United States Patent and Trademark Office in connection with their OFFNOVA
`trademarks, U.S. Registration Nos. 6656971, 6589605, and 6569239.
`
`
`
`This revision clarifies that DTC IP Holdings, LLC is an “affiliate” of the OffNova proposed
`respondent, and that the Chinese name of the OffNova proposed respondent is sometimes transliterated
`as “Shangrui Technology.”
`
`
`
`
`
`
`
`
`The Honorable Lisa R. Barton
`October 24, 2024
`Page 3
`
`Third, Cricut revises Paragraph 53 as follows:
`
`Pursuant to 19 C.F.R. 210.12(a)(12), the category of accused products are certain crafting
`53.
`machines and components thereof. The category includes cutting machines and heat press
`machines for use in crafting and components thereof. Cutting machine crafting devices can cut
`multiple materials—with some also capable of writing on, drawing on and scoring these
`materials—and are frequently utilized in conjunction with heat presses. These cutting machines
`are used by crafters making popular projects like custom apparel and home décor, such as vinyl
`decals, stickers, cards, and T-shirts. Crafters can take patterns and designs they have created with
`the cutting machines and then press them onto fabrics and sublimation products (e.g. T-shirts, hats,
`mugs) using heat press machines. Heat press crafting machines are used by crafters to employ
`heat-transfer at precise time and temperature settings for iron-on materials, including those made
`by the cutting machines. The heat presses are compatible with iron-on heat-transfer vinyl, certain
`ink, and sublimation products, such as mugs and hats. They are used to make customizable
`projects, including cards, T-shirts, décor, and jewelry. Cricut and Proposed Respondents each
`recognize how the cutting machine products and heat press products that practice the Asserted
`Patents are intended to be used with one another, as they are bundled for sale. See, e.g., Exhibits
`N-O. As discussed further below, the relevant cutting machine products and heat press products
`are designed to work together in a cohesive ecosystem to meet the consumer’s needs.
`
`This edit makes explicit that the requested scope of the investigation includes components of the
`subject crafting machines, since components are alleged to violate Section 337 due to indirect
`infringement as set forth, for example, in Paragraph 93.
`
`Fourth, Cricut submits a replacement Exhibit 43C. The revision to Exhibit 43C clarifies the
`2025 domestic industry investments that Cricut forecasts in connection with the subject crafting
`machines.
`
`Please contact me with any questions regarding this submission. Thank you for your attention to
`this matter.
`
` Respectfully submitted,
`
`
`/s/ Jay H. Reiziss
`Jay H. Reiziss
`Counsel for Complainant Cricut, Inc.
`
`
`
`Enclosure: Replacement Exhibit 43C (Domestic Industry Declaration).
`
`
`
`
`
`
`
`
