throbber
PUBLIC VERSION
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Clark S. Cheney
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN FURNITURE PRODUCTS
`FINISHED WITH DECORATIVE
`WOOD GRAIN PAPER AND
`COMPONENTS THEREOF
`
`Investigation No. 337-TA-1229
`
`WALKER EDISON FURNITURE COMPANY, LLC’S RESPONSE TO THE
`COMPLAINT AND NOTICE OF INVESTIGATION
`
`Pursuant to 19 C.F.R. § 210.13, Respondent Walker Edison Furniture Company, LLC
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`(“Walker Edison”), by its undersigned attorneys, hereby provides a response to the Complaint
`
`titled CERTAIN FURNITURE PRODUCTS FINISHED WITH DECORATIVE WOOD
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`GRAIN PAPER AND COMPONENTS THEREOF (“Complaint”) filed under Section 337 of the
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`Tariff Act of 1930, as amended 19 U.S.C. § 1337 (“Section 337”) by Toppan Interamerica, Inc.
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`(“Toppan”) on October 2, 2020, and to the Notice of Institution of Investigation (the “Notice”)
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`issued by the United States International Trade Commission (“the Commission”) on November
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`3, 2020 and published in the Federal Register on November 9, 2020 (85 Fed. Reg. 71,355).
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`RESPONSE TO THE COMPLAINT
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`As an initial matter, Walker Edison denies that it has engaged in unfair competition
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`or has violated Section 337 of the Tariff Act of 1930, as amended, by importing, selling for
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`importation, or selling within the United States after importation any products that infringe any
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`valid and enforceable U.S. intellectual property rights purportedly at issue in this Investigation.
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`Walker Edison denies that Toppan will be able to satisfy its burden to demonstrate infringement
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`1
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`PUBLIC VERSION
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`of any copyrights asserted in this Investigation under U.S. law. Walker Edison further
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`denies that a domestic industry as required by Section 337 exists or is in the process of being
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`established. Walker Edison denies that Toppan is entitled to any of the relief it seeks. Walker
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`Edison reserves the right to amend or supplement its Response based on any additional facts or
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`developments that become available or that arise after the filing of this Response.
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`In this light, any factual allegations admitted below are admitted only as to the specific
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`admitted facts, and not as to any purported conclusions, characterizations, implications, or
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`speculations that might follow from the admitted facts. Except as expressly admitted below,
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`Walker Edison denies each and every allegation set forth in the Complaint. Walker Edison
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`responds to the numbered paragraphs of the Complaint as follows:
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`I.
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`INTRODUCTION1
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`1.
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`Walker Edison admits that Toppan has requested the International Trade
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`Commission to commence an investigation pursuant to Section 337 of the Tariff Act of
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`1930, as amended, 19 U.S.C. § 1337. Walker Edison denies the remaining allegations of
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`Paragraph 1, and specifically denies having engaged in the unlawful and unauthorized
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`importation into the United States, sale for importation into the United States, or sale within
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`the United States after importation by the owner, importer, or consignee (or agents thereof),
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`of certain furniture products and components thereof finished with decorative wood grain
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`paper.
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`2.
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`Walker Edison addresses the definition of “Accused Products,” as defined in
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`Section V of the Complaint, in Paragraphs 24–34 below. Walker Edison admits that certain
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`1 In responding to the Complaint, Walker Edison re-uses the headings from the Complaint for
`ease of reference. Nothing in this Response should be construed as an admission to or agreement
`with anything stated in any of the headings.
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`2
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`PUBLIC VERSION
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`of its products, including some of the Accused Products, are finished with decorative paper
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`with a wood grain design. Walker Edison denies the remaining allegations in Paragraph 2.
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`In particular, the Complaint alleges that:
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`The known Accused Products include over 380 models of furniture
`items, including desks, bookcases, media stands and consoles,
`chairs, coat racks, buffets, beds, headboards, footboards, cabinets,
`coffee tables, dining tables, side tables, and end tables finished
`with decorative paper with a wood grain design . . . .
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`However, the Complaint does not identify the particular furniture items accused of
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`infringement. Thus, Walker Edison lacks sufficient knowledge or information to form a
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`belief regarding the remaining characterizations and allegations contained in Paragraph 2
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`and, therefore, denies those allegations. Walker Edison lacks sufficient knowledge or
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`information to determine whether Toppan is the “exclusive licensee of the Fitzroy Pine
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`Copyright in the United States” and, therefore, denies that allegation. To the extent the
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`remaining allegations of Paragraph 2 constitute opinion, legal argument, or conclusions of
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`law, they require no response.
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`3.
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`To the extent that Paragraph 3 contains conclusions of law, no response is
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`necessary. To the extent that a response is necessary, Walker Edison denies the allegations
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`and characterizations in this Paragraph.
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`4.
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`To the extent that Paragraph 4 contains conclusions of law, no response is
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`necessary. To the extent that a response is necessary, Walker Edison lacks sufficient
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`knowledge or information to admit or deny the allegations contained in Paragraph 4 and,
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`therefore, denies those allegations.
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`5.
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`Walker Edison admits that Toppan has requested that the Commission issue
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`an exclusion order, pursuant to Section 337(d), permanently excluding from entry into the
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`United States furniture products finished with certain decorative paper. Walker Edison
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`denies the remaining allegations in Paragraph 5. Specifically, Walker Edison denies that it
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`committed any unlawful acts as alleged in this Paragraph and denies that it has otherwise
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`violated Section 337 in any manner. Walker Edison denies that the copyright asserted by
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`Toppan is valid, enforceable, or infringed. Walker Edison further denies that any of the
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`Accused Products directly or indirectly infringe the Fitzroy Pine Copyright. Walker Edison
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`further denies that is has caused any injury, domestic or otherwise, to Toppan. Walker
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`Edison further denies that domestic industry related to the Fitzroy Pine Copyright exists or is
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`in the process of being established. To the extent the remaining allegations of Paragraph 5
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`constitute opinion, legal argument, or conclusions of law, they require no response.
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`6.
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`Walker Edison admits that Toppan has requested that the Commission enter a
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`permanent cease-and-desist order, pursuant to Section 337(f), prohibiting the sale, offer for
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`sale, advertising, marketing, packaging, distribution, maintaining inventory, transferring
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`(except for exportation), or solicitation of any sale of any furniture product finished with
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`certain decorative paper. Walker Edison denies the remaining allegations in Paragraph 6.
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`Specifically, Walker Edison denies that it committed any unlawful acts as alleged in this
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`Paragraph and denies that it has otherwise violated Section 337 in any manner. Walker
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`Edison denies that the copyright asserted by Toppan is valid, enforceable, or infringed.
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`Walker Edison further denies that any of the Accused Products directly or indirectly infringe
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`the Fitzroy Pine Copyright. Walker Edison further denies that is has caused any injury,
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`domestic or otherwise, to Toppan. Walker Edison further denies that domestic industry
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`related to the Fitzroy Pine Copyright exists or is in the process of being established. To the
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`extent the remaining allegations of Paragraph 6 constitute opinion, legal argument, or
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`conclusions of law, they require no response.
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`7.
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`Walker Edison admits that Toppan has requested that the Commission
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`impose a bond during the 60-day Presidential review period, pursuant to Section 337(j).
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`Walker Edison denies the remaining allegations in Paragraph 7. Specifically, Walker Edison
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`denies that it committed any unlawful acts as alleged in this Paragraph and denies that it
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`has otherwise violated Section 337 in any manner. Walker Edison denies that the copyright
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`asserted by Toppan is valid, enforceable, or infringed. Walker Edison further denies that any
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`of the Accused Products directly or indirectly infringe the Fitzroy Pine Copyright. Walker
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`Edison further denies that is has caused any injury, domestic or otherwise, to Toppan.
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`Walker Edison further denies that domestic industry related to the Fitzroy Pine Copyright
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`exists or is in the process of being established. To the extent the remaining allegations of
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`Paragraph 7 constitute opinion, legal argument, or conclusions of law, they require no
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`response.
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`II.
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`COMPLAINANT
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`8.
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`Walker Edison lacks sufficient knowledge or information regarding the
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`allegations in Paragraph 8 and, therefore, denies those allegations.
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`9.
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`Walker Edison lacks sufficient knowledge or information regarding the
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`allegations in Paragraph 9 and, therefore, denies those allegations.
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`10. Walker Edison lacks sufficient knowledge or information regarding the
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`allegations in Paragraph 10 and, therefore, denies those allegations.
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`11. Walker Edison lacks sufficient knowledge or information regarding the
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`allegations in Paragraph 11 and, therefore, denies those allegations.
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`12. Walker Edison lacks sufficient knowledge or information regarding the
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`allegations in Paragraph 12 and, therefore, denies those allegations.
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`PUBLIC VERSION
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`III.
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`PROPOSED RESPONDENT WALKER EDISON
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`13. Walker Edison admits that it is a limited liability company organized under
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`the laws of the State of Utah, with a principal place of business at 4350 West 2100 South,
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`Suite A, Salt Lake City, Utah 84120.
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`14. Walker Edison admits that it designs furniture for sale to consumers in the
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`United States and other locations around the world. Walker Edison admits that it contracts
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`for others to manufacture its furniture, including the Accused Products, in China, using
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`decorative wood grain paper that also is manufactured in China. Walker Edison denies the
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`remaining allegations in Paragraph 14. Specifically, Walker Edison denes that it gains an
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`unfair competitive advantage by importing unlicensed, unauthorized, and infringing Accused
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`Products, selling such products for importation, or selling such products within the United
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`States after importation. Walker Edison denies that it has committed any of the unlawful acts
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`alleged in this Paragraph and denies that it has otherwise violated Section 337 in any manner.
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`15. Walker Edison admits that it sells furniture products through United States
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`retailers. Walker Edison admits that customers can purchase its furniture directly from
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`Walker Edison online. Walker Edison denies the remaining allegations in Paragraph 15.
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`16. Walker Edison admits that Exhibit 5 submitted with the Complaint includes
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`records of certain of its U.S. trademark registrations and applications. Walker Edison admits
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`that it sells furniture products to consumers in the United States. Walker Edison denies the
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`remaining allegations in Paragraph 16. Specifically, Walker Edison denies that the copyright
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`asserted by Toppan is valid, enforceable, or infringed.
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`IV.
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`THE COPYRIGHTED WORK
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`17. Walker Edison lacks sufficient knowledge or information to form a belief
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`regarding the allegations contained in Paragraph 17 and, therefore, denies them.
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`18. Walker Edison lacks sufficient knowledge regarding the allegations contained
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`in Paragraph 18 and, therefore, denies them.
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`19.
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`To the extent that Paragraph 19 contains conclusions of law, no response is
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`necessary. Walker Edison lacks sufficient knowledge regarding the remaining allegations
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`contained in Paragraph 19 and, therefore, denies them.
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`20. Walker Edison admits that what purports to be a license between Toppan
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`Printing Co., Ltd. and Toppan Interamerica, Inc. is contained in Exhibit 1 submitted with
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`the Complaint. Walker Edison lacks sufficient knowledge or information to form a belief
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`regarding the remaining allegations in Paragraph 20 and, therefore, denies them. Moreover,
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`to the extent the remaining allegations constitute opinion, legal argument, or conclusions of
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`law, they require no response.
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`21. Walker Edison admits that what purports to be U.S. Copyright Registration
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`No. VA 2-142-287 is contained in Exhibit 2 submitted with the Complaint. Walker Edison
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`lacks sufficient knowledge regarding the remaining allegations contained in Paragraph 21
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`and, therefore, denies them.
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`22. Walker Edison lacks sufficient knowledge or information to form a belief
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`regarding whether Toppan has been manufacturing decorative paper using the Copyrighted
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`Work since April 2016. Therefore, Walker Edison denies this allegation, as well as any
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`allegation or suggestion that the work defined as the “Copyrighted Work” is in fact a
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`copyrighted work.
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`23. Walker Edison lacks sufficient knowledge or information to form a belief
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`regarding the allegations contained in Paragraph 23 and, therefore, denies them. To the
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`PUBLIC VERSION
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`extent the remaining allegations of Paragraph 23 constitute opinion, legal argument, or
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`conclusions of law, they require no response.
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`V.
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`WALKER EDISON’S ACCUSED PRODUCTS
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`24. Walker Edison admits that Paragraph 24 purports to “identif[y] the products at
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`issue as furniture products . . . constructed from engineered wood products . . . finished with
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`a decorative wood grain paper,” but the Paragraph does not identify the specific furniture
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`products accused of infringement. Walker Edison contends that this Paragraph fails to
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`particularly identify the products accused of infringement. To the extent the remaining
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`allegations constitute opinion, legal argument, or conclusions of law, they require no
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`response.
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`25. Walker Edison admits that most of its products are constructed from
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`engineered wood products, and that furniture products made from engineered wood products
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`can be less expensive than furniture products made from natural wood. Walker Edison lacks
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`sufficient knowledge or information to form a belief regarding the remaining allegations
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`contained in Paragraph 25 and, therefore, denies them.
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`26. Walker Edison admits that it contracts with entities outside the United States
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`to manufacture certain of its furniture products. Walker Edison further admits that the
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`decorative paper used to manufacture certain of its furniture products is itself manufactured
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`outside the United States. Walker Edison further admits that it arranges for certain of its
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`products to be imported into the United States. Walker Edison also admits that its furniture
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`products usually are imported into the United States “flat packed” in a single box, although
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`components of those products sometimes are imported separately. Walker Edison admits
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`that Exhibit 8 submitted with the Complaint purports to be photographs of packaging for
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`certain Walker Edison products and that the packaging in the photographs indicates the
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`PUBLIC VERSION
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`products were “Made in China.” Walker Edison denies the remaining allegations in
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`Paragraph 26.
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`27. Walker Edison admits that some of its products are advertised using the
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`descriptions “Rustic Oak,” “Reclaimed Barnwood,” and “Gray Wash.” Walker Edison
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`further admits that some retailers use descriptions other than “Rustic Oak,” “Reclaimed
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`Barnwood,” and “Gray Wash” to describe Walker Edison products, and that it is aware of
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`some of these descriptions. Walker Edison denies the remaining allegations in Paragraph 27.
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`In particular, Walker Edison denies that any of its products infringe the Fitzroy Pine
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`Copyright. Walker Edison denies that the copyright asserted by Toppan is valid, enforceable,
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`or infringed.
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`28. Walker Edison admits that what purports to be a listing for a “58 in. Rustic
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`Oak Composite TV Stand 62 in. with Doors” on homedepot.com is contained within Exhibit
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`6 submitted with the Complaint. Walker Edison also admits that what purports to be an order
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`confirmation for a “Walker Edison Furniture Company 58 in. Rustic Oak Composite TV
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`Console 62 in. with Doors” is contained within Exhibit 4 submitted with the Complaint.
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`Walker Edison lacks sufficient knowledge or information regarding the remaining allegations
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`in Paragraph 28 and, therefore, denies those allegations.
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`29. Walker Edison admits that what purports to be a comparison between two
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`wood grain patterns is contained within Exhibit 9 submitted with the Complaint. Walker
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`Edison notes that, although Paragraph 28 indicated that Toppan purchased the “Barnwood
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`Stand” from Home Depot’s online store, Exhibit 9 submitted with the Complaint indicates
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`that it features a “Walker Edison Modern Farmhouse Wood Stand with Cabinet Doors with
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`‘Reclaimed Barnwood finish’” “Purchased from Amazon.com.” Walker Edison denies the
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`remaining allegations in Paragraph 29. In particular, Walker Edison denies that the
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`Barnwood Stand is finished with decorative paper bearing a wood grain design that is
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`identically or virtually identical to the Copyrighted Work and denies that said design
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`infringes the Fitzroy Pine Copyright. Walker Edison denies that the copyright asserted by
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`Toppan is valid, enforceable, or infringed. To the extent the remaining allegations of
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`Paragraph 29 constitute opinion, legal argument, or conclusions of law, they require no
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`response.
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`30. Walker Edison admits that what purports to be a listing for a “Walker Edison
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`Furniture Company Modern Farmhouse Barn Door Wood Stand for TV’s up to 48" Living
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`Room Storage, 44 Inch, Grey Wash” on amazon.com is contained within Exhibit 7 submitted
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`with the Complaint. Walker Edison admits that what purports to be an order confirmation for
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`that same product is contained within Exhibit 4 submitted with the Complaint. Walker
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`Edison lacks sufficient knowledge or information regarding the remaining allegations in
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`Paragraph 30 and, therefore, denies those allegations.
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`31. Walker Edison admits that what purports to be a comparison between two
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`wood grain patterns is contained within Exhibit 10 submitted with the Complaint. Walker
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`Edison denies the remaining allegations in Paragraph 31. In particular, Walker Edison denies
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`that the Barnwood Stand is finished with decorative paper bearing a wood grain design that is
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`identically or virtually identical to the Copyrighted Work and denies that said design
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`infringes the Fitzroy Pine Copyright. Walker Edison denies that the copyright asserted by
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`Toppan is valid, enforceable, or infringed. To the extent the remaining allegations of
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`Paragraph 31 constitute opinion, legal argument, or conclusions of law, they require no
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`response.
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`32. Walker Edison admits that what purports to be a list of furniture products
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`marketed through online retailers is contained within Exhibit 3 submitted with the
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`Complaint. Walker Edison further admits that what purports to be a comparison between
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`wood grain patterns is contained within each of Exhibits 11 through 22 submitted with the
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`Complaint. Walker Edison denies the remaining allegations in Paragraph 32. In particular
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`Walker Edison denies that products advertised as finished with “Rustic Oak,” “Reclaimed
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`Barnwood,” or “Gray Wash” appear to be finished with decorative paper with wood grain
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`patterns identical or virtually identical to the Copyrighted Work. To the extent the remaining
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`allegations of Paragraph 32 constitute opinion, legal argument, or conclusions of law, they
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`require no response.
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`33. Walker Edison admits that it and its retailers sometimes sell the same Walker
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`Edison products under different model numbers. Walker Edison denies the remaining
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`allegations in Paragraph 33.
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`34. Walker Edison admits that it sometimes sells the same Walker Edison
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`products under multiple Walker Edison brand names. Walker Edison denies the remaining
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`allegations in Paragraph 34.
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`VI. WALKER EDISON’S UNLAWFUL AND UNFAIR ACTS
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`35. Walker Edison admits that what purports to be a list of furniture product
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`shipments from China is contained within Exhibit 27 submitted with the Complaint. Walker
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`Edison denies the remaining allegations in Paragraph 35. In particular, Walker Edison denies
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`that it regularly imports into the United States articles of furniture finished with infringing
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`decorative paper. Walker Edison denies that the copyright asserted by Toppan is valid,
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`enforceable, or infringed. To the extent the remaining allegations of Paragraph 35 constitute
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`opinion, legal argument, or conclusions of law, they require no response.
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`36. Walker Edison denies the allegations in this Paragraph. In particular, Walker
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`Edison denies that products that are described as “Reclaimed Barnwood, “Rustic Oak,” or
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`“Gray Wash” use decorative paper with features identical to those found in the Copyrighted
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`Work. Walker Edison denies that the wood grain design is identical in products marketed as
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`“Reclaimed Barnwood,” “Rustic Oak,” and “Gray Wash.” To the extent the remaining
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`allegations of Paragraph 36 constitute opinion, legal argument, or conclusions of law, they
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`require no response.
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`37. Walker Edison denies that the Copyrighted Work features a wood grain
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`pattern that does not exist in nature and lacks sufficient knowledge or information to
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`determine whether the Copyrighted Work facilitates printing in rolls for efficient
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`manufacture, so it denies those allegations. Walker Edison denies the remaining
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`allegations in this Paragraph.
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`38. Walker Edison denies the allegations in this Paragraph.
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`39. Walker Edison admits that Exhibit 25 submitted with the Complaint contains
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`what purports to be a listing for a “Better Homes Gardens Modern Farmhouse TV Stand” on
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`sears.com and a listing for a “Walker Edison Barn Door 58” TV Console – Gray Wash” on
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`sears.com, and that Exhibit 26 submitted with the Complaint contains what purports to be a
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`listing for a “Better Homes & Gardens Modern Farmhouse TV Stand” on walmart.com and a
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`listing for a “Manor Park Farmhouse Barn Door TV Stand” on walmart.com. Walker Edison
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`also admits that what purports to be a letter from Toppan’s counsel to Datong Furniture
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`Material Co., Ltd. is contained within Exhibit 28 submitted with the Complaint. Walker
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`Edison denies that any the copyright asserted by Toppan is valid, enforceable, or infringed.
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`Walker Edison further denies that any of the Accused Products directly or indirectly infringe
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`the Fitzroy Pine Copyright. To the extent the remaining allegations of Paragraph 39
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`constitute opinion, legal argument, or conclusions of law, they require no response.
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`VII.
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`SPECIFIC INSTANCES OF IMPORTATION AND SALE
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`40. Walker Edison admits that it imports into the United States certain furniture
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`products and sells after importation into the United States certain furniture products. Walker
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`Edison denies that any of its products is infringing or that it violates Section 337. Walker
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`Edison denies all other allegations and characterizations in this Paragraph.
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`41. Walker Edison admits that Exhibit 8 submitted with the Complaint purports to
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`be photographs of packaging for certain Walker Edison products. Walker Edison denies the
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`characterization of certain furniture products as “infringing.” Walker Edison lacks sufficient
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`knowledge or information to admit or deny the remaining allegations, so it denies them.
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`42. Walker Edison admits that various online retailers sell Walker Edison
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`products, including those purportedly at issue in this proceeding.
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`43. Walker Edison admits that it sometimes is listed as the consignee of shipments
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`to the United States of furniture products. Walker Edison admits that Exhibit 27 submitted
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`with the Complaint purports to be import records and summaries thereof. Walker Edison
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`lacks sufficient knowledge or information to admit or deny the remaining allegations, so it
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`denies them. To the extent the remaining allegations of Paragraph 43 constitute opinion,
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`legal argument, or conclusions of law, they require no response.
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`VIII. DOMESTIC INDUSTRY
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`44. Walker Edison denies the allegations in this Paragraph. Walker Edison
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`further denies that a domestic industry as required by Section 337 exists or is in the process
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`of being established. Walker Edison denies that Toppan has shown either significant
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`investment in plant and equipment or significant employment of labor and capital. To the
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`extent the remaining allegations of Paragraph 44 constitute opinion, legal argument, or
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`conclusions of law, they require no response.
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`45. Walker Edison admits that what purports to be a comparison between two
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`wood grain patterns is contained in Exhibit 23 submitted with the Complaint. Walker Edison
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`lacks sufficient knowledge or information to admit or deny the remaining allegations, so it
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`denies them. To the extent the remaining allegations of Paragraph 45 constitute opinion,
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`legal argument, or conclusions of law, they require no response.
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`46. Walker Edison denies the allegations in this Paragraph. In particular, Walker
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`Edison denies that a domestic industry as required by Section 337 exists or is in the process
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`of being established. To the extent the remaining allegations of Paragraph 46 constitute
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`opinion, legal argument, or conclusions of law, they require no response.
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`47. Walker Edison denies the allegations in this Paragraph. In particular, Walker
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`Edison denies that a domestic industry as required by Section 337 exists or is in the process
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`of being established. Walker Edison denies that Toppan has made or continues to make
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`significant investment in plants and equipment it uses to manufacture the Domestic Industry
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`Products. Walker Edison admits that what purports to be a declaration of Bob Kolar is
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`contained in Exhibit 29 submitted with the Complaint. To the extent the remaining
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`allegations of Paragraph 47 constitute opinion, legal argument, or conclusions of law, they
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`require no response.
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`48. Walker Edison denies the allegations in this Paragraph. In particular, Walker
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`Edison denies that a domestic industry as required by Section 337 exists or is in the process
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`of being established. Walker Edison denies that Toppan has made or continues to make
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`significant investment in labor and capital with respect to the Domestic Industry Products.
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`Walker Edison denies that Exhibit 29 submitted with the Complaint establishes that Toppan
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`has established a domestic industry. To the extent the remaining allegations of Paragraph 48
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`constitute opinion, legal argument, or conclusions of law, they require no response.
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`IX.
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`LICENSES TO THE FITZROY PINE COPYRIGHT
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`49. Walker Edison lacks sufficient knowledge or information regarding the
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`allegations in Paragraph 49 and, therefore, denies those allegations. To the extent the
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`allegations of Paragraph 49 constitute opinion, legal argument, or conclusions of law, they
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`require no response.
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`X.
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`TARIFF CODE CLASSIFICATION
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`50. Walker Edison admits that certain of its furniture products fit into certain of
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`the Harmonized Tariff Schedule headings set forth in Confidential Exhibit A hereto, and
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`denies the remaining allegations in Paragraph 50. To the extent the allegations of Paragraph
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`50 constitute opinion, legal argument, or conclusions of law, they require no response.
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`XI.
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`RELATED LITIGATION
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`51. Walker Edison denies the allegations in this Paragraph, and in particular notes
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`that, since filing its Complaint, Toppan filed an action against Walker Edison in the United
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`States District Court for the Northern District of Georgia, docket number 1:20-cv-04134. On
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`November 23, 2020, Walker Edison filed an unopposed motion to stay that action pursuant to
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`28 U.S.C. § 1659. The motion to stay was granted on November 26, 2020.
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`XII. RELIEF REQUESTED
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`52. Walker Edison denies the statements in this section and all subparagraphs
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`thereof to the extent that those statements purport to allege the existence of any factual or
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`legal predicates for the relief requested. Walker Edison denies that Toppan has any valid
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`cause of action pursuant to Section 337 of the Tariff Act of 1930, as amended. Walker
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`Edison denies that it has engaged in any acts of unfair competition or violated Section 337
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`by importing, selling for importation, or selling within the United States after importation
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`any articles that infringe any valid and enforceable intellectual property right at issue in this
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`investigation. Walker Edison denies that any copyrights asserted in this investigation are
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`valid, enforceable, and infringed. Walker Edison also denies that Toppan is entitled to any
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`relief whatsoever, including without limitation the relief requested in this section and all
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`subparagraphs thereof.
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`RESPONSE TO NOTICE OF INVESTIGATION
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`Pursuant to Commission Rule 210.13, Walker Edison hereby responds to the Notice of
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`Investigation (“Notice”) issued by the U.S. International Trade Commission on November 3,
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`2020, and published in the Federal Register on November 9, 2020 (85 Fed. Reg. 71,355).
`
`Without admitting any of the specific or general allegations set forth in Toppan’s Complaint as
`
`referenced in the Notice, Walker Edison provides the following response:
`
`Walker Edison admits that Toppan filed a Complaint with the Commission on October 2,
`
`2020, as set forth in the Notice. Walker Edison admits that the Complaint generally sets forth
`
`the allegations summarized in the Notice.
`
`Walker Edison further admits that Toppan has requested that an investigation be
`
`instituted and that, after the investigation, a limited exclusion order and a cease and desist order
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`be issued, as set forth in the Notice.
`
`Walker Edison also admits that the Commission has instituted an investigation in
`
`accordance with the terms of Paragraphs 1 through 4 of the Notice. Walker Edison denies that it
`
`has violated any provision of Section 337.
`
`Specifically, Walker Edison denies that it has engaged in any action that would constitute
`
`unlawful importation into the United States, sale for importation into the United States, or sale
`
`16
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`

`

`PUBLIC VERSION
`
`within the United States after importation, of certain furniture products. Walker Edison further
`
`contends that the Asserted Copyright is invalid and unenforceable, that the Accused Products do
`
`not infringe any protectable rights that Toppan purportedly may have in that work, and that
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`Toppan’s claim cannot support any remedy for alleged violation of Section 337.
`
`Walker Edison denies that Toppan is entitled to any relief in this proceeding.
`
`By providing the following information, Walker Edison intends only to supply data
`
`required by 19 C.F.R. § 210.13(b). Walker Edison specifically denies that any of the information
`
`or data supplied below relates to or supports any allegations of infringement against Walker
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`Edison or any violation of 19 U.S.C. § 1337.
`
`ADDITIONAL INFORMATION REQUIRED UNDER COMMISSION RULE 210.13(B)
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`Information regarding Walker Edison’s furniture products finished with a decorative
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`paper described as “Reclaimed Barnwood,” “Rustic Oak,” “Grey Wash,” or “Grey Wash” and
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`imported into the United States may be found in Confidential Exhibit A. Walker Edison’s
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`investigation is ongoing as to the declared value of each of the products identified in
`
`Confidential Exhibit A. The cost of furniture products at issue in this Investigation varies
`
`by model number and shipment; information regarding the cost per unit for each model and
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`shipment is located in Confidential Exhibit B. Based on Walker Edison’s investigation to date,
`
`the cost of all of the furniture products at issue in this Investigation imported into the United
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`States from January 1, 2020 to September 30, 2020 is approximately
`
`. Walker
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`Edison estimates that the United States market accounts for approximately
`
` of Walker
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`Edison’s total sales. Walker Edison will supplement its Response as appropriate in accordance
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`with 19 C.F.R. § 210.14.
`
`Walker Edison does not manufacture its own furniture products. Therefore, the capacity
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`17
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`

`

`PUBLIC VERSION
`
`to produce the relevant furniture products on Walker Edison’s behalf depends on the capacity of
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`third parties, and Walker Edison does

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