Certain Windshield Wiper Devices and Components Thereof; Notice of Commission Decision To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions, 41303-41305 [2014-16526]
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Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Notices
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Any person who violates the above
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Such violations may also be subject to
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Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2301. 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 June 11, 2013, based on a complaint
filed by complainants Federal-Mogul
Corporation of Southfield, Michigan and
Federal-Mogul S.A. of Aubange,
Belgium (collectively ‘‘Federal-Mogul’’).
78 FR 35050–51 (June 11, 2013). The
complaint alleges violations of section
337 in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain windshield wiper
devices and components thereof by
reason of infringement of claims 1–14 of
U.S. Patent No. 8,347,449 (‘‘the ’449
patent’’). The complaint further alleges
the existence of a domestic industry.
The Commission’s Notice of
Investigation named as respondents
Trico Corporation of Rochester Hills,
Michigan (‘‘Trico Corp.’’); Trico
Products of Brownsville, Texas (‘‘Trico
Products’’); and Trico Components, SA
de CV of Matamoros, Mexico
(collectively ‘‘Trico’’). 78 FR at 35050.
The Office of Unfair Import
Investigations was also named as a
party. Id. The Notice of Investigation
was later amended to correct the names
of Trico Corp. and Trico Products to
Trico Products Corporation of New
York. 79 FR 9922–923 (Feb. 21, 2014);
see Order No. 27 (Jan. 22, 2014).
On May 8, 2014, the ALJ issued his
final ID, finding a violation of section
337. In particular, the final ID finds that
Trico’s accused products infringe claims
1 and 5 of the ’449 patent, but that
Trico’s accused products do not infringe
claims 2–4 and 6–14. The ALJ also
found that the asserted claims of the
’449 patent are not invalid for
Authority: 43 CFR 8364.1.
Jenna Whitlock,
Associate State Director.
[FR Doc. 2014–16577 Filed 7–14–14; 8:45 am]
BILLING CODE 4310–DQ–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–881]
Certain Windshield Wiper Devices and
Components Thereof; Notice of
Commission Decision To Review in
Part a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part the presiding administrative law
judge’s (‘‘ALJ’’) final initial
determination (‘‘final ID’’) issued on
May 8, 2014, finding a violation of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. § 1337 (‘‘section
337’’) in the above-captioned
investigation.
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SUMMARY:
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41303
obviousness under 35 U.S.C. 103 or for
lack of written description under 35
U.S.C. 112. The ALJ further found that
Federal-Mogul has satisfied the
domestic industry requirement.
The final ID also includes the ALJ’s
recommended determination (‘‘RD’’) on
remedy and bonding. The ALJ
recommended in his RD that the
appropriate remedy is a limited
exclusion order barring entry of Trico’s
infringing windshield wiper devices
and components thereof. The ALJ did
not recommend issuance of a cease and
desist order against any respondent. The
ALJ recommended the imposition of a
bond of $0.75 per imported unit during
the period of Presidential review.
On May 21, 2014, Trico filed a
petition for review concerning, inter
alia, the final ID’s finding of violation
with respect to claims 1 and 5 of the
’449 patent. In particular, Trico
requested review of the final ID’s
construction of the claim limitation
‘‘detachable,’’ the final ID’s finding that
claims 1 and 5 are infringed, and the
final ID’s finding that the asserted
claims of the ’449 patent are not invalid
for obviousness. Also on May 21, 2014,
Federal-Mogul and the Commission
investigative attorney (‘‘IA’’) each filed
a petition for review of certain aspects
of the final ID concerning the ALJ’s
finding of no violation with respect to
claims 2–4 and 6–14 of the ’449 patent.
In particular, Federal-Mogul and the IA
requested that the Commission review
the final ID’s construction of the claim
limitation ‘‘clamping’’ and the final ID’s
finding of non-infringement with
respect to claims 2–4 and 6–14 of the
’449 patent.
On May 29, 2014, Federal-Mogul filed
a response to Trico’s petition for review.
Also on May 29, 2014, Trico filed a
combined response to Federal-Mogul’s
and the IA’s petitions for review.
Further on May 29, 2014, the IA filed a
joint response to the private parties’
petitions.
None of the parties filed a post-RD
statement on the public interest
pursuant to Commission Rule
210.50(a)(4). Furthermore, no responses
were filed by the public in response to
the post-RD Commission Notice issued
on May 9, 2014. See Notice of Request
for Statements on the Public Interest, 79
FR 27934–35 (May 9, 2014).
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 final ID in
part.
Specifically, the Commission has
determined to review the ALJ’s
omission of the caveat ‘‘without
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Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Notices
damage’’ in the construction of the
limitations ‘‘detachable therefrom,’’
‘‘detachably engage,’’ ‘‘detachably
connected,’’ and ‘‘releasably secure’’
recited in claims 1, 2, 8, and 12 of the
’449 patent. The Commission has also
determined to review the final ID’s
construction of the ‘‘clamping’’
limitation recited in claims 2, 3, 6, 7,
and 12 of the ’449 patent.
With respect to infringement, the
Commission has determined to review
the final ID’s finding that the accused
OE blade products satisfy the
‘‘detachable’’ limitation of claims 1 and
5 of the ’449 patent. The Commission
has also determined to review the final
ID’s finding of no infringement with
respect to claims 2–4 and 6–7 of the
’449 patent. The Commission has
further determined to review the final
ID’s finding of no infringement with
respect to claims 8–14 of the ’449
patent.
The Commission has also determined
to review the final ID’s finding that the
asserted domestic industry products
satisfy the technical prong of the
domestic industry requirement with
respect to claim 1 of the ’449 patent.
The Commission has further determined
to review the final ID’s finding that
Trico failed to show by clear and
convincing evidence that the asserted
claims of the ’449 patent are obvious in
view of U.S. Patent No. 5,713,099 in
combination with U.S. Patent No.
6,799,348.
The Commission has determined not
to review the remaining issues decided
in the final ID.
The parties are requested to brief their
positions on the issues under review
with reference to the applicable law and
the evidentiary record. In connection
with its review, the Commission is
particularly interested in responses to
the following questions:
1. Address whether the claim
limitations ‘‘clamping features,’’
‘‘clamping members,’’ and ‘‘clamping
edge portions’’ recited in the asserted
claims of the ’449 patent should be
construed independently of the generic
term ‘‘clamping’’ and, if so, how should
the Commission construe those claim
limitations in light of the intrinsic
evidence.
2. Address whether the accused wiper
blade products satisfy the ‘‘clamping
features’’ limitation recited in claim 2
and the ‘‘clamping members’’ limitation
recited in claims 3, 6, and 7 of the ’449
patent under the proper construction of
those limitations. Please specifically
discuss this issue in relation to your
position concerning whether claim
limitations ‘‘clamping features’’ and
‘‘clamping members’’ should be
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17:46 Jul 14, 2014
Jkt 232001
construed independently of the generic
term ‘‘clamping.’’
3. Address whether the accused wiper
blade products infringe claims 8–14 of
the ’449 patent in light of the fact that
the Commission has determined to
review the construction of the claim
limitations ‘‘detachably connected’’
(relevant to claims 8–11), ‘‘releasably
secure’’ (relevant to claims 12–14), and
‘‘clamping edge portions’’ (relevant to
claims 12–14). Regarding the latter
claim limitation, please specifically
discuss this issue in relation to your
position concerning whether the claim
limitation ‘‘clamping edge portions’’
should be construed independently of
the generic term ‘‘clamping.’’
The parties have been invited to brief
only these discrete issues, as
enumerated above, with reference to the
applicable law and evidentiary record.
The parties are not to brief other issues
on review, which are adequately
presented in the parties’ existing filings.
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
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
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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 Fed. Reg. 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 and
prescribed by the Secretary of the
Treasury. 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, including the Office of
Unfair Import Investigations, are
requested to file written submissions on
the issues identified in this notice.
Parties to the investigation, including
the Office of Unfair Import
Investigations, 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. Complainant is
also requested to submit proposed
remedial orders for the Commission’s
consideration. Complainant is also
requested to state the dates that the
patents expire 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 July
22, 2014. Initial submissions are limited
to 70 pages, not including any
attachments or exhibits related to
discussion of the public interest. Reply
submissions must be filed no later than
the close of business on July 30, 2014.
Reply submissions are limited to 25
pages, not including any attachments or
exhibits related to discussion of the
public interest. 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–881’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
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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 nonconfidential version of the document
must also be filed simultaneously with
the any confidential filing. All nonconfidential 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 Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: July 9, 2014.
Jennifer D. Rohrbach,
Supervisory Attorney.
[FR Doc. 2014–16526 Filed 7–14–14; 8:45 am]
BILLING CODE 7020–02–P
response, and estimated total burden
may be obtained free of charge from the
RegInfo.gov Web site at https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201403-1240-003
(this link will only become active on the
day following publication of this notice)
or by contacting Michel Smyth by
telephone at 202–693–4129, TTY 202–
693–8064, (these are not toll-free
numbers) or sending an email to DOL_
PRA_PUBLIC@dol.gov.
Submit comments about this request
by mail or courier to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for DOL–
OWCP, Office of Management and
Budget, Room 10235, 725 17th Street
NW., Washington, DC 20503; by Fax:
202–395–6881 (this is not a toll-free
number); or by email: OIRA_
submission@omb.eop.gov. Commenters
are encouraged, but not required, to
send a courtesy copy of any comments
by mail or courier to the U.S.
Department of Labor-OASAM, Office of
the Chief Information Officer, Attn:
Departmental Information Compliance
Management Program, Room N1301,
200 Constitution Avenue NW.,
Washington, DC 20210; or by email:
DOL_PRA_PUBLIC@dol.gov.
FOR FURTHER INFORMATION: Contact
Michel Smyth by telephone at 202–693–
4129, TTY 202–693–8064, (these are not
toll-free numbers) or sending an email
to DOL_PRA_PUBLIC@dol.gov.
Authority: 44 U.S.C. 3507(a)(1)(D).
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Rehabilitation Plan and Award
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Office of
Workers’ Compensation Programs
sponsored information collection
request (ICR) revision titled,
‘‘Rehabilitation Plan and Award,’’ to the
Office of Management and Budget
(OMB) for review and approval for use
in accordance with the Paperwork
Reduction Act (PRA) of 1995 (44 U.S.C.
3501 et seq.). Public comments on the
ICR are invited.
DATES: The OMB will consider all
written comments that agency receives
on or before August 14, 2014.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
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SUMMARY:
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This ICR
seeks approval under the PRA for
revisions to the Rehabilitation Plan and
Award, Form OWCP–16, information
collection. Vocational rehabilitation
counselors use Form OWCP–16 to
submit an agreed upon rehabilitation
plan for OWCP approval. The form also
documents any OWCP payment award
for approved services. This information
collection has been classified as a
revision, because of format changes to
allow respondents more room to
provide responses, to make a minor
clarification as to which entities must
respond, and to enhance various
disclosures to respondents. The Federal
Employees’ Compensation Act and
Longshore and Harbor Workers’
Compensation Act authorize this
information collection. See 5 U.S.C.
8103, 8193; 33 U.S.C. 907.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
SUPPLEMENTARY INFORMATION:
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Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1240–0045. The current
approval is scheduled to expire on July
31, 2014; however, the DOL notes that
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. New
requirements would only take effect
upon OMB approval. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on March 27, 2014 (79
FR 17193).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1240–0045. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–OWCP.
Title of Collection: Rehabilitation Plan
and Award.
OMB Control Number: 1240–0045.
Affected Public: Private Sector—
businesses or other for-profits and notfor-profit institutions.
Total Estimated Number of
Respondents: 4,590.
Total Estimated Number of
Responses: 4,590.
Total Estimated Annual Time Burden:
2,295 hours.
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]]>Agencies
[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41303-41305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16526]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-881]
Certain Windshield Wiper Devices and Components Thereof; Notice
of Commission Decision To Review in Part a Final Initial Determination
Finding a Violation of Section 337; Request for 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 review in part the presiding
administrative law judge's (``ALJ'') final initial determination
(``final ID'') issued on May 8, 2014, finding a violation of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337
(``section 337'') in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. 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 June 11, 2013, based on a complaint filed by complainants Federal-
Mogul Corporation of Southfield, Michigan and Federal-Mogul S.A. of
Aubange, Belgium (collectively ``Federal-Mogul''). 78 FR 35050-51 (June
11, 2013). The complaint alleges violations of section 337 in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain windshield
wiper devices and components thereof by reason of infringement of
claims 1-14 of U.S. Patent No. 8,347,449 (``the '449 patent''). The
complaint further alleges the existence of a domestic industry. The
Commission's Notice of Investigation named as respondents Trico
Corporation of Rochester Hills, Michigan (``Trico Corp.''); Trico
Products of Brownsville, Texas (``Trico Products''); and Trico
Components, SA de CV of Matamoros, Mexico (collectively ``Trico''). 78
FR at 35050. The Office of Unfair Import Investigations was also named
as a party. Id. The Notice of Investigation was later amended to
correct the names of Trico Corp. and Trico Products to Trico Products
Corporation of New York. 79 FR 9922-923 (Feb. 21, 2014); see Order No.
27 (Jan. 22, 2014).
On May 8, 2014, the ALJ issued his final ID, finding a violation of
section 337. In particular, the final ID finds that Trico's accused
products infringe claims 1 and 5 of the '449 patent, but that Trico's
accused products do not infringe claims 2-4 and 6-14. The ALJ also
found that the asserted claims of the '449 patent are not invalid for
obviousness under 35 U.S.C. 103 or for lack of written description
under 35 U.S.C. 112. The ALJ further found that Federal-Mogul has
satisfied the domestic industry requirement.
The final ID also includes the ALJ's recommended determination
(``RD'') on remedy and bonding. The ALJ recommended in his RD that the
appropriate remedy is a limited exclusion order barring entry of
Trico's infringing windshield wiper devices and components thereof. The
ALJ did not recommend issuance of a cease and desist order against any
respondent. The ALJ recommended the imposition of a bond of $0.75 per
imported unit during the period of Presidential review.
On May 21, 2014, Trico filed a petition for review concerning,
inter alia, the final ID's finding of violation with respect to claims
1 and 5 of the '449 patent. In particular, Trico requested review of
the final ID's construction of the claim limitation ``detachable,'' the
final ID's finding that claims 1 and 5 are infringed, and the final
ID's finding that the asserted claims of the '449 patent are not
invalid for obviousness. Also on May 21, 2014, Federal-Mogul and the
Commission investigative attorney (``IA'') each filed a petition for
review of certain aspects of the final ID concerning the ALJ's finding
of no violation with respect to claims 2-4 and 6-14 of the '449 patent.
In particular, Federal-Mogul and the IA requested that the Commission
review the final ID's construction of the claim limitation ``clamping''
and the final ID's finding of non-infringement with respect to claims
2-4 and 6-14 of the '449 patent.
On May 29, 2014, Federal-Mogul filed a response to Trico's petition
for review. Also on May 29, 2014, Trico filed a combined response to
Federal-Mogul's and the IA's petitions for review. Further on May 29,
2014, the IA filed a joint response to the private parties' petitions.
None of the parties filed a post-RD statement on the public
interest pursuant to Commission Rule 210.50(a)(4). Furthermore, no
responses were filed by the public in response to the post-RD
Commission Notice issued on May 9, 2014. See Notice of Request for
Statements on the Public Interest, 79 FR 27934-35 (May 9, 2014).
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 final ID in part.
Specifically, the Commission has determined to review the ALJ's
omission of the caveat ``without
[[Page 41304]]
damage'' in the construction of the limitations ``detachable
therefrom,'' ``detachably engage,'' ``detachably connected,'' and
``releasably secure'' recited in claims 1, 2, 8, and 12 of the '449
patent. The Commission has also determined to review the final ID's
construction of the ``clamping'' limitation recited in claims 2, 3, 6,
7, and 12 of the '449 patent.
With respect to infringement, the Commission has determined to
review the final ID's finding that the accused OE blade products
satisfy the ``detachable'' limitation of claims 1 and 5 of the '449
patent. The Commission has also determined to review the final ID's
finding of no infringement with respect to claims 2-4 and 6-7 of the
'449 patent. The Commission has further determined to review the final
ID's finding of no infringement with respect to claims 8-14 of the '449
patent.
The Commission has also determined to review the final ID's finding
that the asserted domestic industry products satisfy the technical
prong of the domestic industry requirement with respect to claim 1 of
the '449 patent. The Commission has further determined to review the
final ID's finding that Trico failed to show by clear and convincing
evidence that the asserted claims of the '449 patent are obvious in
view of U.S. Patent No. 5,713,099 in combination with U.S. Patent No.
6,799,348.
The Commission has determined not to review the remaining issues
decided in the final ID.
The parties are requested to brief their positions on the issues
under review with reference to the applicable law and the evidentiary
record. In connection with its review, the Commission is particularly
interested in responses to the following questions:
1. Address whether the claim limitations ``clamping features,''
``clamping members,'' and ``clamping edge portions'' recited in the
asserted claims of the '449 patent should be construed independently of
the generic term ``clamping'' and, if so, how should the Commission
construe those claim limitations in light of the intrinsic evidence.
2. Address whether the accused wiper blade products satisfy the
``clamping features'' limitation recited in claim 2 and the ``clamping
members'' limitation recited in claims 3, 6, and 7 of the '449 patent
under the proper construction of those limitations. Please specifically
discuss this issue in relation to your position concerning whether
claim limitations ``clamping features'' and ``clamping members'' should
be construed independently of the generic term ``clamping.''
3. Address whether the accused wiper blade products infringe claims
8-14 of the '449 patent in light of the fact that the Commission has
determined to review the construction of the claim limitations
``detachably connected'' (relevant to claims 8-11), ``releasably
secure'' (relevant to claims 12-14), and ``clamping edge portions''
(relevant to claims 12-14). Regarding the latter claim limitation,
please specifically discuss this issue in relation to your position
concerning whether the claim limitation ``clamping edge portions''
should be construed independently of the generic term ``clamping.''
The parties have been invited to brief only these discrete issues,
as enumerated above, with reference to the applicable law and
evidentiary record. The parties are not to brief other issues on
review, which are adequately presented in the parties' existing
filings.
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 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 Fed. Reg. 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 and prescribed by the
Secretary of the Treasury. 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, including
the Office of Unfair Import Investigations, are requested to file
written submissions on the issues identified in this notice. Parties to
the investigation, including the Office of Unfair Import
Investigations, 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. Complainant is also requested to submit proposed remedial
orders for the Commission's consideration. Complainant is also
requested to state the dates that the patents expire 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 July 22, 2014. Initial submissions are limited to
70 pages, not including any attachments or exhibits related to
discussion of the public interest. Reply submissions must be filed no
later than the close of business on July 30, 2014. Reply submissions
are limited to 25 pages, not including any attachments or exhibits
related to discussion of the public interest. 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-881'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/
[[Page 41305]]
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: July 9, 2014.
Jennifer D. Rohrbach,
Supervisory Attorney.
[FR Doc. 2014-16526 Filed 7-14-14; 8:45 am]
BILLING CODE 7020-02-P
