Certain Dimmable Compact Fluorescent Lamps and Products Containing Same; Termination as to Three Respondents on the Basis of Settlement; Decision To Review an Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions, 36574-36575 [2013-14390]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Notices]
[Pages 36574-36575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14390]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-830]


Certain Dimmable Compact Fluorescent Lamps and Products 
Containing Same; Termination as to Three Respondents on the Basis of 
Settlement; Decision To Review an Initial Determination Finding No 
Violation of Section 337; Schedule for Filing Written Submissions

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to terminate the investigation as to three 
respondents on the basis of settlement. The Commission has also 
determined to review in part the final initial determination (``ID'') 
issued by the presiding administrative law judge (``ALJ'') on February 
27, 2013, finding no violation of section 337 of the Tariff Act of 1930 
in this investigation.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at https://www.usitc.gov.
    The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on February 27, 2012, based on a complaint filed by Andrzej Bobel and 
Neptun Light, Inc., both of Lake Forest, Illinois (collectively, 
``Neptun''). 77 FR 11587 (Feb. 27, 2012). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended 19 
U.S.C. 1337, by reason of the infringement of certain claims of United 
States Patent Nos. 5,434,480 (``the '480 patent'') and 8,035,318 (``the 
'318 patent''). The complaint named numerous respondents, many of whom 
have been terminated from the investigation on the basis of settlement 
agreement, consent order, or withdrawal of the complaint. The remaining 
respondents are Technical Consumer Products, Inc. of Aurora, Ohio; 
Shanghai Qiangling Electronics Co., Ltd. of Shanghai, China; Zhejiang 
Qiang Ling Electronic Co. Ltd. of Zhenjiang, China (collectively, 
``TCP''); U Lighting America Inc. of San Jose, California (``ULA''); 
and Golden U Lighting Manufacturing (Shenzhen) of Shenzhen, China 
(``Golden U''). Claim 9 of the '480 patent is asserted against ULA and 
Golden U, and claims 1 and 12 of the '318 patent are asserted against 
TCP.
    On February 27, 2013, the ALJ issued his final Initial 
Determination (``ID''). The ID found no violation of section 337 on the 
basis of Neptun's failure to satisfy the economic prong of the domestic 
industry requirement of section 337. The ALJ also found that respondent 
TCP's accused products do not infringe the asserted claims of the '318 
patent.
    On March 12, 2013, Neptun filed a petition for review of the ID; 
TCP and ULA each filed a contingent petition for review of the ID. On 
March 20, 2013, Neptun opposed TCP's and ULA's petitions, and TCP and 
ULA each opposed Neptun's petition. On April 3, 2013, the Commission 
extended the whether-to-review deadline and the target date by 
approximately six weeks. Notice (Apr. 3, 2013).
    On June 10, 2013, Neptun and TCP filed an unopposed joint motion to 
terminate the investigation as to TCP on the basis of a settlement 
agreement between Neptun and TCP. The Commission finds that it is in 
the public interest to terminate the investigation as to TCP on the 
basis of settlement, and the Commission grants the joint motion.
    Turning to the petitions for review of the ID, having examined the 
record of this investigation, including the ALJ's final ID, the 
petitions for review, and the responses thereto, the Commission has 
determined to review the ALJ's finding that Neptun did not satisfy the 
domestic industry requirement. The Commission has also determined to 
review the ALJ's claim construction of ``integrated into'' in claim 9 
of the '480 patent, as well as the ALJ's finding of infringement 
insofar as the finding is based upon that construction. The Commission 
has determined not to review the remainder of the ID.
    In connection with the Commission's review, the parties are asked 
to respond only to the questions enumerated below. For all other 
matters under review, the Commission finds the extensive briefing 
before the ALJ and the petitions for review to be sufficient. Each 
party should address questions 1-4 in its opening brief, and may 
respond to each other's arguments in reply. Neptun should address 
question 5 in its opening brief, with ULA addressing question 5 in 
ULA's reply brief.
    (1) What is the plain and ordinary meaning of ``integrated into'' 
(include citations to the record where you made such arguments to the 
ALJ)? In the context of an electronic circuit, does the construction of 
``integrated into'' as ``in some way connected to'' render superfluous 
that claim term, including the word ``into''?
    (2) Whether the specification of the '480 patent (including the 
passages cited in ULA's petition for review at pages 26-32) supports a 
construction of ``integrated into'' in which the boosting circuit uses 
downstream rectified current to perform boosting. If not, explain 
whether you contend that the specification limits the term ``integrated 
into'' to something other than its plain and ordinary meaning.
    (3) Whether the prosecution history of the '480 patent permits a 
construction of ``integrated into'' in which the boosting circuit is 
downstream from the rectifier, and where the rectifier itself does not 
perform boosting.
    (4) Whether the boosting circuit in ULA's accused products uses 
downstream rectified current to perform boosting, and whether ULA's 
products meet the ``integrated into'' claim limitation, literally or 
under the doctrine of equivalents.
    (5) Which of complainants' asserted expenses constitute investments 
that fall under 19 U.S.C. 1337(a)(3)(C), such as investments in 
engineering, research and development, or licensing? Please identify 
and provide a reasonable estimate, based on the evidence of record, of 
the portion of these expenses that are associated with the exploitation 
of the '480 patent. Please explain, qualitatively, how these expenses--
and the underlying activities that these expenses reflect--relate to 
exploitation of the '480 patent.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the

[[Page 36575]]

United States, and/or (2) issue one or more cease and desist orders 
that could result in the respondent(s) being required to cease and 
desist from engaging in unfair acts in the importation and sale of such 
articles. Accordingly, the Commission is interested in receiving 
written submissions that address the form of remedy, if any, that 
should be ordered. If a party seeks exclusion of an article from entry 
into the United States for purposes other than entry for consumption, 
the party should so indicate and provide information establishing that 
activities involving other types of entry either are adversely 
affecting it or likely to do so. For background, see In the Matter of 
Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 
337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions as set forth above. Parties to the 
investigation, interested government agencies, and any other interested 
parties are encouraged to file written submissions on the issues of 
remedy, the public interest, and bonding. Such submissions should 
address the recommended determination by the ALJ on remedy and bonding. 
The complainants are also requested to submit proposed remedial orders 
for the Commission's consideration. The complainants are also requested 
to state the date that the '480 patent expires and the HTSUS numbers 
under which the accused products are imported. The written submissions 
and proposed remedial orders must be filed no later than close of 
business on Tuesday June 25, 2013 and responses to the Commission's 
questions should not exceed 60 pages. Reply submissions must be filed 
no later than the close of business on Wednesday, July 3, 2013 and such 
replies should not exceed 40 pages. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-830'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with the any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.21 and 210.42-46 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.21, 210.42-46).

    Issued: June 12, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-14390 Filed 6-17-13; 8:45 am]
BILLING CODE 7020-02-P