Certain Foodservice Equipment and Components Thereof; Institution of Investigation, 31911-31912 [2019-14190]
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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices
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 November 29, 2017, based on a
complaint, as supplemented, filed by
Caterpillar Inc. of Peoria, Illinois and
Caterpillar Paving Products, Inc. of
Minneapolis, Minnesota (collectively,
‘‘Complainants’’). See 82 FR 56625–26
(Nov. 29, 2017). The complaint, as
supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), based upon
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain road construction
machines and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 7,140,693 (‘‘the ’693
patent’’); 9,045,871 (‘‘the ’871 patent’’);
and 7,641,419 (‘‘the ’419 patent’’). See
id. The notice of investigation identifies
the following respondents: Wirtgen
GmbH of Windhagen, Germany; Joseph
Vo¨gele AG of Ludwigshafen, Germany;
Wirtgen Group of Windhagen, Germany;
and Wirtgen America of Antioch,
Tennessee. See id. The Office of Unfair
Import Investigations is not a party to
this investigation. See id.
The ALJ terminated the ’871 patent
from the investigation after finding the
asserted claims of that patent to be
invalid under 35 U.S.C. 101. See Order
No. 18 (May 24, 2018), previously
reviewed, Comm’n Notice (July 3, 2018).
The Commission terminated the ’419
patent from the investigation after
Complainants withdrew their
allegations with respect to that patent.
See Order No. 26 (July 5, 2018),
unreviewed, Comm’n Notice (July 25,
2018). The Commission also terminated
claim 25 of the ’693 patent from the
investigation after Complainants
withdrew their allegations as to that
claim. See Order No. 38 (Oct. 16, 2018),
unreviewed, Comm’n Notice (Nov. 9,
2018).
On February 14, 2019, the ALJ issued
the FID finding a violation of section
337 by certain accused products by
reason of infringement of claim 19 of the
’693 patent. In addition, the FID finds
all the asserted claims, except claim 19
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of the ’693 patent, to be invalid as
anticipated and/or obvious over the
prior art. Furthermore, the FID finds
that Complainants have satisfied the
domestic industry requirement with
respect to the ’693 patent. The ALJ also
issued a recommended determination
(‘‘RD’’) recommending that the
Commission issue an LEO against the
infringing products and a CDO against
each respondent. The ALJ further
recommended against setting a bond
during the period of Presidential review.
On April 12, 2019, the Commission
issued a Notice determining to review
the FID in part. See 84 FR 16282–83
(Apr. 18, 2019). The Commission’s
notice solicited written submissions on
remedy, the public interest, and
bonding. On April 30, 2019, the parties
filed written submissions in response to
the April 12, 2019 Notice, and on May
10, 2019, the parties filed responses to
each other’s submissions.
Having examined the record of this
investigation, including the FID, the RD,
and the parties’ submissions, the
Commission has determined to affirm
with modification the FID’s ultimate
conclusion of a section 337 violation
with respect to claim 19 of the ’693
patent. In addition, as explained in the
Commission Opinion filed concurrently
herewith, the Commission has
determined to modify the FID’s findings
with respect to: (1) The construction of
the claim term ‘‘a retracted position
relative to said frame’’; (2) the
infringement of the asserted method
claims, i.e., claims 17–19, 24, 26–28,
and 38 of the ’693 patent; (3) the
invalidity of claims 1, 15–18, 24, 26, 27,
36, and 38 of the ’693 patent over Volpe
SF–100 T4 in view of U.S. Patent No.
3,633,292 (Ulrich); (4) no invalidity of
claims 1, 15–19, 24, 26–28, 36, and 38
of the ’693 patent over U.S. Patent No.
3,843,274 (Gutman) alone or in
combination with other prior art; and (5)
no invalidity of claim 19 over Volpe SF–
100 T4 in view of Ulrich and WO 97/
42377 (Busley). All findings in the FID
that are not inconsistent with the
Commission’s determination are
affirmed.
The Commission has also determined
to affirm the ALJ’s initial determination
(Order No. 18) terminating the ’871
patent from the investigation based on
the invalidity of the asserted claims of
that patent under 35 U.S.C. 101.
Commissioner Schmidtlein dissents
from the Commission’s decision to
affirm Order No. 18 and has filed a
separate dissenting opinion.
Accordingly, the Commission finds
that there is a violation of section 337
with respect to claim 19 of the ’693
patent. The Commission has determined
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31911
that the appropriate remedy is a limited
exclusion order against Wirtgen Group,
Wirtgen GmbH, and Wirtgen America’s
infringing products, and a cease and
desist order against Wirtgen America.
The Commission has also determined
that the public interest factors
enumerated in subsections 337(d)(1)
and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do
not preclude the issuance of the limited
exclusion order and cease and desist
order. The Commission has further
determined to set a bond at zero (0)
percent of entered value during the
Presidential review period (19 U.S.C.
1337(j)).
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: June 27, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–14189 Filed 7–2–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1166]
Certain Foodservice Equipment and
Components Thereof; Institution of
Investigation
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 May
30, 2019, under section 337 of the Tariff
Act of 1930, as amended, on behalf of
Illinois Tool Works, Inc. of Glenview,
Illinois; Vesta Global Limited of Hong
Kong; Vesta (Guangzhou) Catering
Equipment Co., Ltd. of China; and
Admiral Craft Equipment Corp. of
Westbury, New York. A letter
supplement was filed on June 14, 2019.
The supplemented complaint alleges
violations of section 337 based upon in
the importation of articles into the
United States, or in the sale of such
articles by the owner, importer, or
consignee of certain foodservice
equipment and components thereof by
reason of misappropriation of trade
secrets and unfair competition through
SUMMARY:
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31912
Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices
tortious interference with contractual
relationships, the threat or effect of
which is to destroy or substantially
injure a domestic industry.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue 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 (2019).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
June 26, 2019, 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)(A) of
section 337 in the importation of articles
into the United States, or in the sale of
such articles by the owner, importer, or
consignee, of certain products identified
in paragraph (2) by reason of
misappropriation of trade secrets or
unfair competition through tortious
interference with contractual
relationships, the threat or effect of
which is to destroy or substantially
injure an industry in the United States;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
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Jkt 247001
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 ‘‘commercial kitchen
equipment and components thereof for
use in restaurants, bars, cafes, cafeterias,
or the like’’;
(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 complainants are:
Illinois Tool Works Inc., 155 Harlem
Avenue, Glenview, IL 60025
Vesta Global Limited, Unit 902 9F, 113
Argyle Street, Mong Kok, Kowloon,
Hong Kong
Vesta (Guangzhou) Catering Equipment,
Co., Ltd., 43 South Lianglong Street,
Huashan town, Huadu District,
Guangzhou, China 510880
Admiral Craft Equipment Corp., 800
Shames Drive, Westbury, NY 11590
(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:
Guangzhou Rebenet Catering Equipment
Manufacturing Co., Ltd., 101, 9 Jintian
Industrial Road, Huadong Town,
Huadu District, Guangzhou, China
510890
Zhou Hao, Team 3, Xihe Village,
Yankou Town, Xixiang County,
Shaanxi, Province, China 723502
Aceplus International Limited (aka Ace
Plus International Ltd.), Rm. 1104,
Fuli Tianhe Commercial Building, #4
HuaTing Road, Guangzhou, China
510610
Guangzhou Liangsheng Trading Co.,
Ltd., Rm. 1104, Fuli Tianhe
Commercial Building, #4 HuaTing
Road, Guangzhou, China 510610
Zeng Zhaoliang, Room 1104, Fuli Tian
He Shang Mao Building, No. 4, Tian
He Bei Lin He Dong Hua Ting Road,
Guangzhou Guangdong Province,
China 510610
(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
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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: June 27, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–14190 Filed 7–2–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1068]
Certain Microfluidic Devices; Notice of
Modification of Deadline for Reply
Supplemental Submissions on the
Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined to modify the deadline for
reply supplemental submissions on the
public interest.
FOR FURTHER INFORMATION CONTACT: Ron
Traud, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–3427.
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
SUMMARY:
E:\FR\FM\03JYN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31911-31912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14190]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1166]
Certain Foodservice Equipment and Components Thereof; Institution
of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on May 30, 2019, under section 337
of the Tariff Act of 1930, as amended, on behalf of Illinois Tool
Works, Inc. of Glenview, Illinois; Vesta Global Limited of Hong Kong;
Vesta (Guangzhou) Catering Equipment Co., Ltd. of China; and Admiral
Craft Equipment Corp. of Westbury, New York. A letter supplement was
filed on June 14, 2019. The supplemented complaint alleges violations
of section 337 based upon in the importation of articles into the
United States, or in the sale of such articles by the owner, importer,
or consignee of certain foodservice equipment and components thereof by
reason of misappropriation of trade secrets and unfair competition
through
[[Page 31912]]
tortious interference with contractual relationships, the threat or
effect of which is to destroy or substantially injure a domestic
industry.
The complainants request that the Commission institute an
investigation and, after the investigation, issue 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 (2019).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 26, 2019, 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)(A) of section 337 in the
importation of articles into the United States, or in the sale of such
articles by the owner, importer, or consignee, of certain products
identified in paragraph (2) by reason of misappropriation of trade
secrets or unfair competition through tortious interference with
contractual relationships, the threat or effect of which is to destroy
or substantially injure an industry in the United States;
(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 ``commercial kitchen
equipment and components thereof for use in restaurants, bars, cafes,
cafeterias, or the like'';
(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 complainants are:
Illinois Tool Works Inc., 155 Harlem Avenue, Glenview, IL 60025
Vesta Global Limited, Unit 902 9F, 113 Argyle Street, Mong Kok,
Kowloon, Hong Kong
Vesta (Guangzhou) Catering Equipment, Co., Ltd., 43 South Lianglong
Street, Huashan town, Huadu District, Guangzhou, China 510880
Admiral Craft Equipment Corp., 800 Shames Drive, Westbury, NY 11590
(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:
Guangzhou Rebenet Catering Equipment Manufacturing Co., Ltd., 101, 9
Jintian Industrial Road, Huadong Town, Huadu District, Guangzhou, China
510890
Zhou Hao, Team 3, Xihe Village, Yankou Town, Xixiang County, Shaanxi,
Province, China 723502
Aceplus International Limited (aka Ace Plus International Ltd.), Rm.
1104, Fuli Tianhe Commercial Building, #4 HuaTing Road, Guangzhou,
China 510610
Guangzhou Liangsheng Trading Co., Ltd., Rm. 1104, Fuli Tianhe
Commercial Building, #4 HuaTing Road, Guangzhou, China 510610
Zeng Zhaoliang, Room 1104, Fuli Tian He Shang Mao Building, No. 4, Tian
He Bei Lin He Dong Hua Ting Road, Guangzhou Guangdong Province, China
510610
(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: June 27, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-14190 Filed 7-2-19; 8:45 am]
BILLING CODE 7020-02-P
