Institution of Investigation: Certain Powered Cover Plates, 34871-34872 [2018-15695]

Download as PDF Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES1 using the alpha values and/or at least one value derived from the alpha values’’ in claim 1 of the ’104 patent, under what legal theory (if any) may the Commission base its construction upon Broadcom’s arguments in the district court case Broadcom Corp. v. SiRF Technology, Inc., Case No. 8:08–cv– 00546–JVS–MLG (C.D. Cal. July 15, 2010)? 4. If your responses to the questions above contend that one or more of the final ID’s claim constructions should be changed, please explain how each change in claim construction would impact the issues of infringement, invalidity, and the technical prong of the domestic industry requirement. The parties have been invited to brief only the discrete issues described 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 a cease and desist order that could result in the respondent 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 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 a cease and desist order 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. The Commission is particularly interested in briefing on the following issue: VerDate Sep<11>2014 17:59 Jul 20, 2018 Jkt 244001 1. If the Commission were to issue remedial orders in this investigation, could the demand for the excluded articles be fulfilled by others? 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 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 are requested to file written submissions on the issues identified in this notice. 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, which issued on May 23, 2018. Broadcom is also requested to submit proposed remedial orders for the Commission’s consideration. Broadcom is additionally requested to state the date that the ’059, ’844 and ’104 patents expire, the HTSUS numbers under which the subject articles are imported, and to supply a list of known importers of the subject articles. The written submissions, exclusive of any exhibits, must not exceed 60 pages, and must be filed no later than close of business on July 27, 2018. Reply submissions must not exceed 30 pages, and must be filed no later than the close of business on August 3, 2018. 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–1047’’) 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 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 34871 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. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,1 solely for cybersecurity purposes. 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 17, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–15635 Filed 7–20–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1124] Institution of Investigation: Certain Powered Cover Plates U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 20, 2018, under section 337 of the Tariff SUMMARY: 1 All contract personnel will sign appropriate nondisclosure agreements. E:\FR\FM\23JYN1.SGM 23JYN1 amozie on DSK3GDR082PROD with NOTICES1 34872 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices Act of 1930, as amended, on behalf of SnapRays, LLC d/b/a SnapPower of Vineyard, Utah. Supplements to the Complaint were filed on July 6, July 11, and July 12, 2018. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain powered cover plates by reason of infringement of U.S. Patent No. 9,871,324 (‘‘the ’324 patent’’); U.S. Patent No. 9,917,430 (‘‘the ’430 patent’’); U.S. Patent No. 9,882,361 (‘‘the ’361 patent’’) and U.S. Design Patent No. D819,426 (‘‘the ’426 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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, Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (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. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2018). Scope of Investigation: Having considered the complaint, the U.S. VerDate Sep<11>2014 19:07 Jul 20, 2018 Jkt 244001 International Trade Commission, on July 17, 2018, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of products identified in paragraph (2) by reason of infringement of one or more of claims 1, 4, 8, 9, 10, 13, 16, 17, and 19 of the ’324 patent; claims 1–3, 7, 8, 18, and 19 of the ’430 patent; claims 1, 3, 4, 10, 14, 17, 21, 23, and 24 of the ’361 patent; and the sole claim of the ’426 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘powered cover plates, which are electrical receptacle covers with built-in functionality’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: SnapRays, LLC d/b/a SnapPower, 426 East 1750 North, Unit D, Vineyard, UT 84057. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Ontel Products Corporation, 21 Law Dr., Fairfield, NJ 07871 Dazone LLC, 1141 East Acacia Ct., Ontario, CA 91761–4519 Shenzhen C-Myway, Saige Science Park #4, Futian, Shenzhen, Guangdong, China E-Zshop4u LLC, 9335 San Jose Blvd., Howey in the Hills, FL 34737 Desteny Store, 10840 Tiberio Dr., Fort Meyers, FL 33913 Zhongshan Led-Up Light Co. Ltd., 6016A, Bldg. B5, No. 133, Yunhan Rd., Qijiang Rd., Shaxi Town, Zhongshan, Guangdong, China AllTrade Tools LLC, 6122 KateIla Ave., Cypress, CA 90630 Guangzhou Sailu Info Tech. Co., Ltd., Nan Hang Huo Yun Da Lou Yuan Nei Can, 3 Hao YunXiao Lu, Bai Yun Qu 510400, Guangzhou Gunagdong China NEPCI—Zhejiang New-Epoch, Communication Industry Co., Ltd., Develop Road, Wengyang Industry Zone, Yueging, Zhejiang, China PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 KCC Industries, 4950 Goodman Way, Eastvale, CA 91752–5087 Vistek Technology Co., Ltd., Rm 605, No. 278 Yongzheng Bldg., Defeng Rd., Fuyong, Baoan, Shenzhen, China 518103 Enstant Technology Co., Ltd., A525 Boaoan Smart Valley, YinTian Rd, Xixiang Baoan District, Shenzhen, China 518105 Manufacturers Components Incorporated, 1721 Blount Road, #2, Pompano Beach, FL 33069 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: July 18, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–15695 Filed 7–20–18; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Notices]
[Pages 34871-34872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15695]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1124]


Institution of Investigation: Certain Powered Cover Plates

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 20, 2018, under section 337 
of the Tariff

[[Page 34872]]

Act of 1930, as amended, on behalf of SnapRays, LLC d/b/a SnapPower of 
Vineyard, Utah. Supplements to the Complaint were filed on July 6, July 
11, and July 12, 2018. The complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain powered cover plates by reason of 
infringement of U.S. Patent No. 9,871,324 (``the '324 patent''); U.S. 
Patent No. 9,917,430 (``the '430 patent''); U.S. Patent No. 9,882,361 
(``the '361 patent'') and U.S. Design Patent No. D819,426 (``the '426 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 17, 2018, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of products identified 
in paragraph (2) by reason of infringement of one or more of claims 1, 
4, 8, 9, 10, 13, 16, 17, and 19 of the '324 patent; claims 1-3, 7, 8, 
18, and 19 of the '430 patent; claims 1, 3, 4, 10, 14, 17, 21, 23, and 
24 of the '361 patent; and the sole claim of the '426 patent; and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``powered cover 
plates, which are electrical receptacle covers with built-in 
functionality'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: SnapRays, LLC d/b/a SnapPower, 426 East 
1750 North, Unit D, Vineyard, UT 84057.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Ontel Products Corporation, 21 Law Dr., Fairfield, NJ 07871
Dazone LLC, 1141 East Acacia Ct., Ontario, CA 91761-4519
Shenzhen C-Myway, Saige Science Park #4, Futian, Shenzhen, Guangdong, 
China
E-Zshop4u LLC, 9335 San Jose Blvd., Howey in the Hills, FL 34737
Desteny Store, 10840 Tiberio Dr., Fort Meyers, FL 33913
Zhongshan Led-Up Light Co. Ltd., 6016A, Bldg. B5, No. 133, Yunhan Rd., 
Qijiang Rd., Shaxi Town, Zhongshan, Guangdong, China
AllTrade Tools LLC, 6122 KateIla Ave., Cypress, CA 90630
Guangzhou Sailu Info Tech. Co., Ltd., Nan Hang Huo Yun Da Lou Yuan Nei 
Can, 3 Hao YunXiao Lu, Bai Yun Qu 510400, Guangzhou Gunagdong China
NEPCI--Zhejiang New-Epoch, Communication Industry Co., Ltd., Develop 
Road, Wengyang Industry Zone, Yueging, Zhejiang, China
KCC Industries, 4950 Goodman Way, Eastvale, CA 91752-5087
Vistek Technology Co., Ltd., Rm 605, No. 278 Yongzheng Bldg., Defeng 
Rd., Fuyong, Baoan, Shenzhen, China 518103
Enstant Technology Co., Ltd., A525 Boaoan Smart Valley, YinTian Rd, 
Xixiang Baoan District, Shenzhen, China 518105
Manufacturers Components Incorporated, 1721 Blount Road, #2, Pompano 
Beach, FL 33069

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: July 18, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-15695 Filed 7-20-18; 8:45 am]
BILLING CODE 7020-02-P
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