Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 63186-63187 [2018-26522]
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63186
Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices
following meeting. Earlier notification
of this change was not possible.
The revised agenda of December 7,
2018 at 11:00 a.m. is as follows:
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 701–TA–614 and
731–TA–1431
(Preliminary)(Magnesium from
Israel). The Commission is
currently scheduled to complete
and file its determinations on
December 11, 2018; views of the
Commission are currently
scheduled to be completed and
filed on December 18, 2018.
5. Vote on Inv. Nos. 701–TA–591 and
731–TA–1399 (Final)(Common
Alloy Aluminum Sheet from
China). The Commission is
currently scheduled to complete
and file its determinations and
views of the Commission by
January 2, 2019.
6. Outstanding action jackets: None.
By order of the Commission.
Issued: December 3, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–26608 Filed 12–4–18; 11:15 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1057]
Certain Robotic Vacuum Cleaning
Devices and Components Thereof
Such as Spare Parts; Notice of the
Commission’s Final Determination
Finding a Violation of Section 337;
Issuance of a Limited Exclusion Order
and Cease and Desist Orders;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found a violation of
section 337 of the Tariff Act of 1930, in
this investigation. The Commission has
issued a limited exclusion order
prohibiting the unlicensed entry of
certain vacuum cleaning devices and
components thereof, such as spare parts,
that infringe certain claims of U.S.
Patent No. 9,038,233. The Commission
has also issued cease and desist orders
prohibiting the sale and distribution
within the United States of articles that
infringe certain claims of that patent
against Hoover, Inc. of Glenwillow,
Ohio; Royal Appliance Manufacturing
amozie on DSK3GDR082PROD with NOTICES
SUMMARY:
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16:56 Dec 06, 2018
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Co., Inc. d/b/a TTI Floor Care North
America, Inc. of Glenwillow, Ohio;
bObsweep, Inc. of Toronto, Canada; and
bObsweep USA of Henderson, Nevada.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202–
205–3438. 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 (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
under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, on
May 23, 2017, based on a complaint
filed by iRobot Corporation of Bedford,
Massachusetts (‘‘iRobot’’). 82 FR 23592
(May 23, 2017). The complaint alleges a
violation 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 vacuum cleaning devices and
components thereof, such as spare parts,
by reason of infringement of certain
claims of U.S. Patent Nos. 6,809,490
(‘‘the ’490 patent’’), 7,155,308 (‘‘the ’308
patent’’), 8,474,090 (‘‘the ’090 patent’’),
8,600,553 (‘‘the ’553 patent’’), 9,038,233
(‘‘the ’233 patent’’), and 9,486,924 (‘‘the
’924 patent’’). The Notice of
Investigation names as respondents
Bissell Homecare, Inc. of Grand Rapids,
Michigan (‘‘Bissell’’); Hoover, Inc. of
Glenwillow, Ohio and Royal Appliance
Manufacturing Co., Inc. d/b/a TTI Floor
Care North America, Inc. of Glenwillow,
Ohio (collectively, ‘‘Hoover’’);
bObsweep, Inc. of Toronto, Canada and
bObsweep USA of Henderson, Nevada
(collectively, ‘‘bObsweep’’); The Black &
Decker Corporation of Towson,
Maryland and Black & Decker (U.S.) Inc.
of Towson, Maryland (collectively,
‘‘Black & Decker’’); Shenzhen ZhiYi
Technology Co., Ltd., d/b/a iLife of
Shenzhen, China (‘‘iLife’’); Matsutek
Enterprises Co., Ltd. of Taipei City,
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
Taiwan (‘‘Matsutek’’); Suzhou Real
Power Electric Appliance Co., Ltd. of
Suzhou, China (‘‘Suzhou’’); and
Shenzhen Silver Star Intelligent
Technology Co., Ltd. of Shenzhen,
China (‘‘SSSIT’’). The Office of Unfair
Import Investigations is not a party in
this investigation.
The investigation has been terminated
with respect to respondents Suzhou,
Black & Decker, Bissell, and Matsutek.
Notice (Oct. 18, 2017) (determining not
to review Order No. 23 (Sept. 26, 2017));
Notice (Jan. 31, 2018) (determining not
to review Order No. 31 (Jan. 9, 2018));
Notice (Feb. 16, 2018) (determining not
to review Order No. 34 (Jan. 25, 2018)).
The investigation has also been
terminated with respect to the ’924 and
the ’308 patents. Notice (Jan. 16, 2018)
(determining not to review Order No. 29
(Dec. 14, 2017)); Notice (Mar. 15, 2018)
(determining not to review Order No. 40
(Feb. 21, 2018)).
On June 25, 2018, the presiding
administrative law judge (‘‘ALJ’’) issued
a final initial determination (‘‘ID’’),
finding a violation of section 337 with
respect to the ’553 and ’233 patents and
no violation with respect to the ’490 and
’090 patents. Specifically, with respect
to the ’553 patent, the ID found that: (1)
iLife directly infringes claims 1 and 4,
but not claims 11, 12, 13, and 22; (2)
iLife has not induced or contributed to
infringement of the patent; (3) iRobot
has satisfied the technical prong of the
domestic industry requirement; (4)
claim 1, but not claims 11 and 12, is
invalid for anticipation; and (5) claims
4, 12, 13, and 22 are not invalid for
obviousness. With respect to the ’490
patent, the ID found that: (1) iLife and
bObsweep directly infringe claim 42,
but not claims 1 and 12, and Hoover
directly infringes claim 42; (2) iLife,
Hoover, bObsweep, and SSSIT have not
induced or contributed to infringement
of the patent; (3) iRobot has satisfied the
technical prong of the domestic industry
requirement; (4) claim 1, but not claim
12, is invalid for anticipation: (5) claims
12 and 42 are invalid for obviousness;
and (6) claims 1 and 42 are not invalid
for indefiniteness. With respect to the
’090 patent, the ID found that: (1) iLife,
Hoover, SSSIT, and bObsweep directly
infringe claims 1, 2, 3, 5, 7, and 10, but
not claim 17; (2) iLife, Hoover,
bObsweep, and SSSIT have not induced
or contributed to infringement of the
patent; (3) iRobot has satisfied the
technical prong of the domestic industry
requirement; (4) claims 1, 5, 7, 10, and
17 are not invalid for anticipation; and
(5) claims 1, 2, 3, 4, 5, 7, 10, and 17 are
invalid for obviousness in view of
certain prior art combinations, but not
others. With respect to the ’233 patent,
E:\FR\FM\07DEN1.SGM
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Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices
the ID found that: (1) iLife and
bObsweep directly infringe claims 1, 10,
11, 14, 15, and 16 and Hoover directly
infringes the same claims with respect
to the Hoover Quest 1000 products, but
not the Hoover Rogue/Y1 and Hoover
Y2 products; (2) iLife, Hoover,
bObsweep, and SSSIT have not induced
or contributed to infringement of the
patent; (3) iRobot has satisfied the
technical prong of the domestic industry
requirement; and (4) claims 1, 10, 11,
14, 15, and 16 of the ’233 patent are not
invalid for anticipation, obviousness,
nor lack of written description. The ID
found that iRobot has satisfied the
economic prong of the domestic
industry requirement under 19 U.S.C.
1337(a)(3)(C) with respect to all asserted
patents.
The ALJ also issued a Recommended
Determination on Remedy and Bond
(‘‘RD’’), recommending, if the
Commission finds a section 337
violation, the issuance of (1) a limited
exclusion order against certain robotic
vacuum cleaning devices and
components thereof that are imported,
sold for importation, and/or sold after
importation by Hoover, bObsweep,
SSSIT, and iLife, (2) cease and desist
orders against Hoover and iLife, and (3)
imposition of a bond of 18.89 percent of
the entered value for iLife products,
48.65 percent for bObsweep products,
and 41.35 percent for Hoover products
that are imported during the period of
Presidential review.
On July 9, 2018, iRobot and
Respondents each filed a petition for
review challenging various findings in
the final ID. On July 17, 2018, iRobot
and Respondents each filed responses to
the petitions for review.
On July 16, 2018, the Commission
determined that iRobot satisfied the
economic prong of the domestic
industry requirement under 19 U.S.C.
1337(a)(3)(B). Notice (July 16, 2018)
(determining to affirm with
modifications Order No. 39 (Feb. 13,
2018)).
On July 25, 2018, iRobot filed post-RD
statements on the public interest under
Commission Rule 210.50(a)(4). The
Commission did not receive any postRD public interest comments from any
respondent pursuant to Commission
Rule 210.50(a)(4). The Commission did
not receive comments from the public in
response to the Commission notice
issued on July 10, 2018 soliciting public
interest comments. 83 FR 31977 (July
10, 2018).
On September 12, 2018, the
Commission determined to review in
part the final ID. 83 FR 47188 (Sept. 18,
2018). Specifically, the Commission
determined to review the ID’s findings
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16:56 Dec 06, 2018
Jkt 247001
on: (1) Induced and contributory
infringement with respect to the ’553,
’490, ’090, and ’233 patents; (2)
anticipation with respect to the asserted
claims of the ’553 patent; (3)
obviousness with respect to the asserted
claims of the ’553 patent; (4) direct
infringement of the ’090 patent by iLife,
Hoover, bObsweep, and SSSIT; (5)
anticipation with respect to the asserted
claims of the ’090 patent; (6)
obviousness with respect to the asserted
claims of the ’090 patent; (7)
anticipation with respect to the asserted
claims of the ’233 patent; and (8)
consideration of U.S. Patent No.
6,594,844 as prior art under 35 U.S.C.
102(a) and 35 U.S.C. 103 with respect to
the ’233 patent. The Commission also
requested briefing from the parties on
certain issues under review and briefing
from the parties, interested government
agencies, and interested persons on the
issues of remedy, the public interest,
and bonding.
On September 19, 2018, iRobot filed
an unopposed motion to terminate the
investigation as to iLife based on a
settlement agreement and, because the
’553 patent is asserted against iLife only,
all claims asserted under the ’553 patent
for mootness. On October 2, 2018, the
Commission determined to grant that
motion. Notice (Oct. 2, 2018). Thus, the
respondents remaining in this
investigation are Hoover, bObsweep,
and SSSIT, and the remaining asserted
patents are the ’490, ’090, and ’233
patents.
On September 24, 2018, iRobot and
the remaining respondents filed initial
written submissions addressing the
Commission’s questions and the issues
of remedy, the public interest, and
bonding. On October 1, 2018, the parties
filed response briefs. No comments were
received from the public.
Having examined the record of this
investigation, including the ID and the
parties’ submissions, the Commission
has determined to affirm, on modified
grounds, the ID’s finding of a violation
as to the ’233 patent and no violation as
to the ’490 and ’090 patents.
Specifically, the Commission has
determined that Hoover, bObsweep, and
SSSIT have not induced or contributed
to infringement of the ’490, ’090, and
’233 patents. With respect to the ’090
patent, the Commission has determined
that the Hoover, SSSIT, and bObsweep
bObi products meet all limitations of
claims 1, 2, 3, 5, 7, 10, and 17, and that
the asserted claims are invalid for
obviousness, but not invalid for
anticipation. With respect to the ’233
patent, the Commission has determined
that claims 1, 10, 11, 14, 15, and 16 are
not invalid for anticipation nor
PO 00000
Frm 00040
Fmt 4703
Sfmt 9990
63187
obviousness. The Commission has
determined to adopt all findings and
conclusions in the final ID that are not
inconsistent with the Commission’s
opinion issued herewith.
The Commission has determined the
appropriate remedy is a limited
exclusion order prohibiting Hoover,
bObsweep, and SSSIT from importing
certain vacuum cleaning devices and
components thereof, such as spare parts,
that infringe one or more of claims 1, 10,
11, 14, 15, and 16 of the ’233 patent, as
well as cease and desist orders against
Hoover and bObsweep prohibiting them
from, inter alia, selling or distributing
within the United States such products.
The Commission has determined the
public interest factors enumerated in
section 337(d)(1) and (f)(1) do not
preclude issuance of the limited
exclusion order or cease and desist
orders.
The Commission has also determined
to set a bond in the following
percentages of the entered value of the
respondents’ infringing products during
the period of Presidential review (19
U.S.C. 1337(j)): 48.65 percent for
products that are manufactured by or on
behalf of bObsweep; 41.35 percent for
products that are manufactured by or on
behalf of Hoover; and zero percent (no
bond) for products that are
manufactured by SSSIT on behalf of
entities other than Hoover and
bObsweep, as well as products that are
manufactured on behalf of SSSIT. The
Commission’s orders and opinion were
delivered to the President and to the
United States Trade Representative on
the day of their issuance.
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: November 30, 2018.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2018–26522 Filed 12–6–18; 8:45 am]
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63186-63187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26522]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1057]
Certain Robotic Vacuum Cleaning Devices and Components Thereof
Such as Spare Parts; Notice of the Commission's Final Determination
Finding a Violation of Section 337; Issuance of a Limited Exclusion
Order and Cease and Desist Orders; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found a violation of section 337 of the Tariff Act of
1930, in this investigation. The Commission has issued a limited
exclusion order prohibiting the unlicensed entry of certain vacuum
cleaning devices and components thereof, such as spare parts, that
infringe certain claims of U.S. Patent No. 9,038,233. The Commission
has also issued cease and desist orders prohibiting the sale and
distribution within the United States of articles that infringe certain
claims of that patent against Hoover, Inc. of Glenwillow, Ohio; Royal
Appliance Manufacturing Co., Inc. d/b/a TTI Floor Care North America,
Inc. of Glenwillow, Ohio; bObsweep, Inc. of Toronto, Canada; and
bObsweep USA of Henderson, Nevada. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-3438. 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 (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
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
1337, on May 23, 2017, based on a complaint filed by iRobot Corporation
of Bedford, Massachusetts (``iRobot''). 82 FR 23592 (May 23, 2017). The
complaint alleges a violation 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 vacuum cleaning devices
and components thereof, such as spare parts, by reason of infringement
of certain claims of U.S. Patent Nos. 6,809,490 (``the '490 patent''),
7,155,308 (``the '308 patent''), 8,474,090 (``the '090 patent''),
8,600,553 (``the '553 patent''), 9,038,233 (``the '233 patent''), and
9,486,924 (``the '924 patent''). The Notice of Investigation names as
respondents Bissell Homecare, Inc. of Grand Rapids, Michigan
(``Bissell''); Hoover, Inc. of Glenwillow, Ohio and Royal Appliance
Manufacturing Co., Inc. d/b/a TTI Floor Care North America, Inc. of
Glenwillow, Ohio (collectively, ``Hoover''); bObsweep, Inc. of Toronto,
Canada and bObsweep USA of Henderson, Nevada (collectively,
``bObsweep''); The Black & Decker Corporation of Towson, Maryland and
Black & Decker (U.S.) Inc. of Towson, Maryland (collectively, ``Black &
Decker''); Shenzhen ZhiYi Technology Co., Ltd., d/b/a iLife of
Shenzhen, China (``iLife''); Matsutek Enterprises Co., Ltd. of Taipei
City, Taiwan (``Matsutek''); Suzhou Real Power Electric Appliance Co.,
Ltd. of Suzhou, China (``Suzhou''); and Shenzhen Silver Star
Intelligent Technology Co., Ltd. of Shenzhen, China (``SSSIT''). The
Office of Unfair Import Investigations is not a party in this
investigation.
The investigation has been terminated with respect to respondents
Suzhou, Black & Decker, Bissell, and Matsutek. Notice (Oct. 18, 2017)
(determining not to review Order No. 23 (Sept. 26, 2017)); Notice (Jan.
31, 2018) (determining not to review Order No. 31 (Jan. 9, 2018));
Notice (Feb. 16, 2018) (determining not to review Order No. 34 (Jan.
25, 2018)). The investigation has also been terminated with respect to
the '924 and the '308 patents. Notice (Jan. 16, 2018) (determining not
to review Order No. 29 (Dec. 14, 2017)); Notice (Mar. 15, 2018)
(determining not to review Order No. 40 (Feb. 21, 2018)).
On June 25, 2018, the presiding administrative law judge (``ALJ'')
issued a final initial determination (``ID''), finding a violation of
section 337 with respect to the '553 and '233 patents and no violation
with respect to the '490 and '090 patents. Specifically, with respect
to the '553 patent, the ID found that: (1) iLife directly infringes
claims 1 and 4, but not claims 11, 12, 13, and 22; (2) iLife has not
induced or contributed to infringement of the patent; (3) iRobot has
satisfied the technical prong of the domestic industry requirement; (4)
claim 1, but not claims 11 and 12, is invalid for anticipation; and (5)
claims 4, 12, 13, and 22 are not invalid for obviousness. With respect
to the '490 patent, the ID found that: (1) iLife and bObsweep directly
infringe claim 42, but not claims 1 and 12, and Hoover directly
infringes claim 42; (2) iLife, Hoover, bObsweep, and SSSIT have not
induced or contributed to infringement of the patent; (3) iRobot has
satisfied the technical prong of the domestic industry requirement; (4)
claim 1, but not claim 12, is invalid for anticipation: (5) claims 12
and 42 are invalid for obviousness; and (6) claims 1 and 42 are not
invalid for indefiniteness. With respect to the '090 patent, the ID
found that: (1) iLife, Hoover, SSSIT, and bObsweep directly infringe
claims 1, 2, 3, 5, 7, and 10, but not claim 17; (2) iLife, Hoover,
bObsweep, and SSSIT have not induced or contributed to infringement of
the patent; (3) iRobot has satisfied the technical prong of the
domestic industry requirement; (4) claims 1, 5, 7, 10, and 17 are not
invalid for anticipation; and (5) claims 1, 2, 3, 4, 5, 7, 10, and 17
are invalid for obviousness in view of certain prior art combinations,
but not others. With respect to the '233 patent,
[[Page 63187]]
the ID found that: (1) iLife and bObsweep directly infringe claims 1,
10, 11, 14, 15, and 16 and Hoover directly infringes the same claims
with respect to the Hoover Quest 1000 products, but not the Hoover
Rogue/Y1 and Hoover Y2 products; (2) iLife, Hoover, bObsweep, and SSSIT
have not induced or contributed to infringement of the patent; (3)
iRobot has satisfied the technical prong of the domestic industry
requirement; and (4) claims 1, 10, 11, 14, 15, and 16 of the '233
patent are not invalid for anticipation, obviousness, nor lack of
written description. The ID found that iRobot has satisfied the
economic prong of the domestic industry requirement under 19 U.S.C.
1337(a)(3)(C) with respect to all asserted patents.
The ALJ also issued a Recommended Determination on Remedy and Bond
(``RD''), recommending, if the Commission finds a section 337
violation, the issuance of (1) a limited exclusion order against
certain robotic vacuum cleaning devices and components thereof that are
imported, sold for importation, and/or sold after importation by
Hoover, bObsweep, SSSIT, and iLife, (2) cease and desist orders against
Hoover and iLife, and (3) imposition of a bond of 18.89 percent of the
entered value for iLife products, 48.65 percent for bObsweep products,
and 41.35 percent for Hoover products that are imported during the
period of Presidential review.
On July 9, 2018, iRobot and Respondents each filed a petition for
review challenging various findings in the final ID. On July 17, 2018,
iRobot and Respondents each filed responses to the petitions for
review.
On July 16, 2018, the Commission determined that iRobot satisfied
the economic prong of the domestic industry requirement under 19 U.S.C.
1337(a)(3)(B). Notice (July 16, 2018) (determining to affirm with
modifications Order No. 39 (Feb. 13, 2018)).
On July 25, 2018, iRobot filed post-RD statements on the public
interest under Commission Rule 210.50(a)(4). The Commission did not
receive any post-RD public interest comments from any respondent
pursuant to Commission Rule 210.50(a)(4). The Commission did not
receive comments from the public in response to the Commission notice
issued on July 10, 2018 soliciting public interest comments. 83 FR
31977 (July 10, 2018).
On September 12, 2018, the Commission determined to review in part
the final ID. 83 FR 47188 (Sept. 18, 2018). Specifically, the
Commission determined to review the ID's findings on: (1) Induced and
contributory infringement with respect to the '553, '490, '090, and
'233 patents; (2) anticipation with respect to the asserted claims of
the '553 patent; (3) obviousness with respect to the asserted claims of
the '553 patent; (4) direct infringement of the '090 patent by iLife,
Hoover, bObsweep, and SSSIT; (5) anticipation with respect to the
asserted claims of the '090 patent; (6) obviousness with respect to the
asserted claims of the '090 patent; (7) anticipation with respect to
the asserted claims of the '233 patent; and (8) consideration of U.S.
Patent No. 6,594,844 as prior art under 35 U.S.C. 102(a) and 35 U.S.C.
103 with respect to the '233 patent. The Commission also requested
briefing from the parties on certain issues under review and briefing
from the parties, interested government agencies, and interested
persons on the issues of remedy, the public interest, and bonding.
On September 19, 2018, iRobot filed an unopposed motion to
terminate the investigation as to iLife based on a settlement agreement
and, because the '553 patent is asserted against iLife only, all claims
asserted under the '553 patent for mootness. On October 2, 2018, the
Commission determined to grant that motion. Notice (Oct. 2, 2018).
Thus, the respondents remaining in this investigation are Hoover,
bObsweep, and SSSIT, and the remaining asserted patents are the '490,
'090, and '233 patents.
On September 24, 2018, iRobot and the remaining respondents filed
initial written submissions addressing the Commission's questions and
the issues of remedy, the public interest, and bonding. On October 1,
2018, the parties filed response briefs. No comments were received from
the public.
Having examined the record of this investigation, including the ID
and the parties' submissions, the Commission has determined to affirm,
on modified grounds, the ID's finding of a violation as to the '233
patent and no violation as to the '490 and '090 patents. Specifically,
the Commission has determined that Hoover, bObsweep, and SSSIT have not
induced or contributed to infringement of the '490, '090, and '233
patents. With respect to the '090 patent, the Commission has determined
that the Hoover, SSSIT, and bObsweep bObi products meet all limitations
of claims 1, 2, 3, 5, 7, 10, and 17, and that the asserted claims are
invalid for obviousness, but not invalid for anticipation. With respect
to the '233 patent, the Commission has determined that claims 1, 10,
11, 14, 15, and 16 are not invalid for anticipation nor obviousness.
The Commission has determined to adopt all findings and conclusions in
the final ID that are not inconsistent with the Commission's opinion
issued herewith.
The Commission has determined the appropriate remedy is a limited
exclusion order prohibiting Hoover, bObsweep, and SSSIT from importing
certain vacuum cleaning devices and components thereof, such as spare
parts, that infringe one or more of claims 1, 10, 11, 14, 15, and 16 of
the '233 patent, as well as cease and desist orders against Hoover and
bObsweep prohibiting them from, inter alia, selling or distributing
within the United States such products. The Commission has determined
the public interest factors enumerated in section 337(d)(1) and (f)(1)
do not preclude issuance of the limited exclusion order or cease and
desist orders.
The Commission has also determined to set a bond in the following
percentages of the entered value of the respondents' infringing
products during the period of Presidential review (19 U.S.C. 1337(j)):
48.65 percent for products that are manufactured by or on behalf of
bObsweep; 41.35 percent for products that are manufactured by or on
behalf of Hoover; and zero percent (no bond) for products that are
manufactured by SSSIT on behalf of entities other than Hoover and
bObsweep, as well as products that are manufactured on behalf of SSSIT.
The Commission's orders and opinion were delivered to the President and
to the United States Trade Representative on the day of their issuance.
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: November 30, 2018.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2018-26522 Filed 12-6-18; 8:45 am]
BILLING CODE 7020-02-P
