Certain LED Lighting Devices, LED Power Supplies, and Components Thereof; Commission's Final Determination of No Violation of Section 337 by the Participating Respondents, and Final Determination of a Violation of Section 337 by a Defaulted Respondent; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation, 32472-32474 [2019-14406]

Download as PDF 32472 Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Notices and policies on potential future land uses. Through publication of this Notice, the BLM advises that these assumptions may not be endorsed or approved by units of local Government. In accordance with 43 CFR 2711.3– 1(f), the BLM may accept or reject any or all offers to purchase, or withdraw any parcel of land or interest therein from sale, if, in the opinion of the BLM authorized officer, consummation of the sale would be inconsistent with any law, or for other reasons. Only written comments will be considered properly filed. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personnel identifying information from public review, we cannot guarantee that we will be able to do so. Any comments regarding the land sale will be reviewed by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. Authority: 43 CFR 2711.1–2(a) and (c). Peter McFadden, District Manager. [FR Doc. 2019–14466 Filed 7–5–19; 8:45 am] BILLING CODE 4310–HC–P INTERNATIONAL TRADE COMMISSION Miscellaneous Tariff Bill (MTB) Petition System; Submission of Petition and Comment Forms for OMB Review United States International Trade Commission. ACTION: Notice. AGENCY: The International Trade Commission has submitted request for approval of a questionnaire to the Office of Management and Budget. This notice is being given pursuant to the Paperwork Reduction Act of 1995. FOR FURTHER INFORMATION CONTACT: Copies of the forms and supporting documents may be obtained from Jennifer Rohrbach, USITC Miscellaneous Tariff Bill Program Manager, Office of Operations (jennifer.rohrbach@usitc.gov or 202– 205–2088). Comments about the proposal should be directed to the jbell on DSK3GLQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:44 Jul 05, 2019 Jkt 247001 Office of Management and Budget, Office of Information and Regulatory Affairs, Room 10102 (Docket Library), Washington, DC 20503, ATTENTION: Docket Librarian. All comments should be specific, indicating which part of the form is objectionable, describing the concern in detail, and including specific suggested revisions or language changes. Copies of any comments should be provided to Keith Vaughn, Chief Information Officer, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, who is the Commission’s designated Senior Official under the Paperwork Reduction Act. General information concerning the Commission may also be obtained by accessing its website (https:// www.usitc.gov). Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Secretary at 202–205–2000. SUPPLEMENTARY INFORMATION: Purpose of Information Collection: The information requested by these forms is for use by the Commission in connection with collecting petitions for temporary duty suspensions or reductions (‘‘petitions’’) submitted under the American Manufacturing Competitiveness Act of 2016, 19 U.S.C. 1332 note (‘‘the Act’’), and public comments on petitions filed under the Act. Section 3 of the Act establishes a process for the submission and consideration of petitions and public comments for duty suspensions and reductions for imported goods in the Harmonized Tariff Schedule of the United States. The petition submission period for this cycle is 60 days starting not later than October 15, 2019. Summary of Proposal: (1) Number of forms submitted: 2. (2) Title of forms: MTB Petition System: Petition Submission Information Form and MTB Petition System: Comment Submission Information Form. (3) Type of request: New. (4) Frequency of use: Once. (5) Description of affected industry: Domestic firms. (6) Estimated number of petitioners and commenters: Up to 7,000 petitions; 5,000 comments. (7) Estimated total number of hours to complete the form: 8 hours for compiling information and submitting petitions and 2 hours to draft and submit comments. (8) Information obtained from the forms that qualifies as confidential PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 business information will be so treated by the Commission. By order of the Commission. Issued: July 2, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–14458 Filed 7–5–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1081] Certain LED Lighting Devices, LED Power Supplies, and Components Thereof; Commission’s Final Determination of No Violation of Section 337 by the Participating Respondents, and Final Determination of a Violation of Section 337 by a Defaulted Respondent; Issuance of a Limited Exclusion Order and a Cease and Desist Order; 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 no violation of section 337 of the Tariff Act of 1930, as amended, by participating respondents Feit Electric Company, Inc. of Pico Rivera, California and Feit Electric Company, Inc. (China) of Xiamen, China (together, ‘‘Feit’’); Lowe’s Companies, Inc. of Mooresville, North Carolina and L G Sourcing, Inc. of North Wilkesboro, North Carolina (together, ‘‘Lowe’s’’); and Satco Products, Inc. of Brentwood, New York (‘‘Satco’’). The Commission has found a violation of section 337 by defaulting respondent MSi Lighting, Inc. of Boca Raton, Florida (‘‘MSi Lighting’’), and has determined to issue a limited exclusion order and a cease and desist order against that respondent. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5468. 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). SUMMARY: E:\FR\FM\08JYN1.SGM 08JYN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Notices 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 8, 2017, based on a complaint filed by complainants Philips Lighting North America Corp. and Philips Lighting Holding B.V. (together, ‘‘Complainants’’). 82 FR 51872. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale after importation within the United States after importation of certain LED devices, LED power supplies, and components thereof by reason of infringement of one or more claims of U.S. Patent Nos. 6, 586,890 (‘‘the ’890 patent’’); 7,038,399 (‘‘the ’399 patent’’); 7,256,554 (‘‘the ’554 patent’’); 7,262,559 (‘‘the ’559 patent’’); and 8,070,328 (‘‘the ’328 patent’’). Id. The notice of investigation named the following respondents: Edgewell Personal Care Brands, LLC of Shelton, Connecticut (‘‘Edgewell’’); Feit; Lowe’s; MSi Lighting; Satco; Topaz Lighting Corp. of Holtsville, New York (‘‘Topaz’’); and Wangs Alliance Corporation d/b/a/WAC Lighting Co. of Port Washington, New York, and WAC Lighting (Shanghai) Co. Ltd. of Shanghai, China (together, ‘‘WAC’’). Id. The Office of Unfair Import Investigations is not a party to the investigation. Id. The Commission subsequently terminated the investigation with respect to Topaz and WAC based on settlement agreements. Order No. 9 (Jan. 8, 2018), not reviewed, Notice (Jan. 16, 2018); Order No. 42 (May 2, 2018), not reviewed, Notice (May 18, 2018). The Commission also found MSi Lighting in default for failing to respond to the complaint and notice of investigation. Order No. 20 (Jan. 31, 2018), not reviewed, Notice (Feb. 26, 2018). Additionally, the Commission amended the notice of investigation to remove respondent Edgewell, which was not named in the complaint but was erroneously included in the notice of investigation. Notice (Aug. 6, 2018). Accordingly, at the time of the final ID, the remaining participating respondents were Feit, Lowe’s, and Satco (collectively, ‘‘Respondents’’). The Commission also terminated the investigation based on a partial withdrawal of the complaint with VerDate Sep<11>2014 19:44 Jul 05, 2019 Jkt 247001 respect to the entire ’328 patent, the entire ’890 patent, certain claims of the ’399 patent, and certain claims of the ’554 patent. Order No. 44 (May 22, 2018), not reviewed, Notice (June 11, 2018); Order No. 53 (June 28, 2018), not reviewed, Notice (July 24, 2018). At the time of the final ID, Complainants asserted that Respondents infringed claims 7, 8, 17–19, 34, and 35 of the ’399 patent and claims 6 and 12 of the ’559 patent, and that Lowe’s infringed claims 1, 2, 5–7, and 12 of the ’554 patent. ID at 64, 84. The ALJ also issued a summary determination that Complainants showed that its eW Cove Powercore device satisfied the technical prong of the domestic industry requirement with respect to claims 1, 2, 5–7 and 12 of the ’554 patent. Order No. 55 (Aug. 1, 2018), not reviewed, Notice (Aug. 17, 2018). On December 19, 2018, the ALJ issued the final ID finding a violation of section 337 with respect to the ’399 patent, but no violation of section 337 with respect to the ’554 and ’559 patents. The ID found, inter alia, that: Respondents’ products infringe claims 7, 8, and 17– 19 of the ’399 patent; that certain Lowe’s products infringed claims 1, 2, 5, 6, 7, and 12 of the ’554 patent but were not shown to be imported or sold by a named respondent; that no products were shown to infringe the ’559 patent; that no asserted claim was shown to be invalid; and that Complainants showed a domestic industry with respect to all three remaining asserted patents. On April 12, 2019, the Commission determined to review the following issues: 1. The ID’s infringement findings for the ‘‘controller’’ limitation of recited in claims 7 and 8 of the ’399 patent, and the ID’s infringement findings for the ‘‘adjustment circuit’’ limitation recited in claims 17–19 of the ’399 patent; 2. the ID’s findings regarding whether products are representative of other products with respect to its infringement findings for claims 17–19 of the ’399 patent and for claims 6 and 12 of the ’559 patent; and 3. the ID’s findings on the economic prong of the domestic industry requirement. Notice, 84 FR 16280–82 (Apr. 18, 2019). The Commission also sought briefing on whether the record shows that the accused products satisfy the ‘‘controller’’ and ‘‘adjustment circuit’’ limitations of the ’399 patent, as well as briefing on remedy, the public interest, and bonding. Id. at 16282. The Commission received written submissions from Complainants and Respondents on April 26, 2019, and reply written submissions from Complainants and Respondent on May 3, 2019. The Commission also received PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 32473 submissions on remedy and the public interest from Good Earth Lighting, Inc.; Evolution Lighting, LLC; American Lighting, Inc.; Jiawei Technology (USA) Ltd.; Blue Sky Wireless, LLC; GE Lighting; and Litex Industries, Ltd. Having examined the record of this investigation, including the ALJ’s final ID, the petitions, responses, and other submissions from the parties and the public, the Commission has determined that Complainants have not proven a violation of section 337 by Respondents. Specifically, the Commission has determined that Complainants failed to show that any accused product satisfies the ‘‘controller’’ limitation of claims 7 and 8 of the ’399 patent and failed to show that any accused product satisfies the ‘‘adjustment circuit’’ limitation of the claims 17–19 of the ’399 patent. Consequently, the Commission finds that Complainants failed to establish that any of Respondents’ accused products infringes any claim of the ’399 patent. The Commission further finds that Complainants failed to show that any of Respondents’ accused products is representative of any other accused product. Finally, the Commission has determined to take no position on the ID’s findings that Complainants satisfied the economic prong of the domestic industry requirement through investments under section 337(a)(3)(A) and (B) with respect to the ’399 patent, and the ID’s findings that Complainants satisfied the economic prong of the domestic industry requirement through investments under section 337(a)(3)(C) with respect to the ’554 patent. With respect to defaulted respondent MSi Lighting, Complainants request a remedy only with respect to the ’399 patent. Under section 337(g)(1) (19 U.S.C. 1337(g)(1)), the Commission presumes that the allegations in the complaint are true, including the allegations that MSi Lighting infringes claims 1, 2, 4, and 5 of the ’399 patent and that Complainants satisfied the domestic industry requirement with respect to the ’399 patent. The Commission has determined that the appropriate form of relief in this investigation is a limited exclusion order and a cease and desist order prohibiting MSi Lighting from importing, selling, offering for sale, marketing, advertising, distributing, offering for sale, transferring (except for exportation), or soliciting U.S. agents or distributors of imported LED devices, LED power supplies, and components that infringe claims 1, 2, 4, and 5 of the ’399 patent. Id. The Commission has further determined that the public interest factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not E:\FR\FM\08JYN1.SGM 08JYN1 jbell on DSK3GLQ082PROD with NOTICES 32474 Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Notices preclude the issuance of the limited exclusion order and cease and desist order. Finally, the Commission has determined that the bond for importation during the period of Presidential review shall be in the amount of three percent of the entered value of the imported subject articles of MSi Lighting. The parties also have several pending motions and requests. On February 6, 2019, Complainants moved to amend the complaint and notice of investigation to reflect a corporate name change, as Philips Lighting North American Corporation changed its name to Signify North America Corporation and Philips Lighting Holding B.V. changed its name to Signify Holding B.V. No party opposed the motion. The Commission grants Complainants’ motion for good cause shown. The term ‘‘Complainants’’ refers to both Signify North America Corporation and Signify Holding B.V., as well as their previous names, Philips Lighting North American Corporation and Philips Lighting Holding B.V. On May 7, 2019, Respondents filed a letter stating that Complainants inappropriately attached a version of an expert witness statement that contains stricken material and that was not admitted into evidence. The Commission clarifies that it has relied upon only the version of the expert witness statement that was admitted into evidence. On May 23, 2019, Respondents filed a letter requesting to conduct posthearing discovery concerning alleged perjury based on statements that occurred nine months earlier during the evidentiary hearing on August 20, 2018. On May 31, 2019, Complainants filed a letter in response. The Commission denies Respondents’ tardy request for post-hearing discovery for failure to establish an adequate basis for their requested relief. Accordingly, the Commission has determined that Complainants have failed to show a violation of section 337 by Respondents with respect to the ’399, ’559, and ’554 patents. The Commission has also determined to issue a limited exclusion order and a cease and desist order against MSi Lighting pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)). The Commission’s determinations are explained more fully in the accompanying Opinion. All other findings in the ID under review that are consistent with the Commission’s determinations are affirmed. The Commission’s notice, orders, and opinion were delivered to the President and to the United States Trade Representative on the day of their VerDate Sep<11>2014 19:44 Jul 05, 2019 Jkt 247001 issuance. The Commission has also notified the Secretary of the Treasury and Customs and Border Protection of the order. The investigation is hereby terminated. 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 1, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–14406 Filed 7–5–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1123–0013] Agency Information Collection Activities; Proposed eCollection eComments Requested; United States Victims of State Sponsored Terrorism Fund Application Form Criminal Division, U.S. Department of Justice. ACTION: 60-Day notice. AGENCY: The U.S. Department of Justice, Criminal Division, United States Victims of State Sponsored Terrorism Fund, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until September 6, 2019. FOR FURTHER INFORMATION CONTACT: Additional comments especially on the estimated public burden or associated response time, suggestions, or need for a copy of the proposed information collection instrument with instructions, or additional information, should be directed to either the Special Master, United States Victims of State Sponsored Terrorism Fund, or the Chief, Program Management and Training Unit, Money Laundering and Asset Recovery Section, Criminal Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530–0001, telephone (202) 353– 2046. SUMMARY: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should SUPPLEMENTARY INFORMATION: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 address one or more of the following four points: 1. 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; 2. 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; 3. Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and 4. 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. Overview of This Information Collection 1. Type of Information Collection: Extension of a currently approved collection. 2. The Title of the Form/Collection: Application Form for the U.S. Victims of State Sponsored Terrorism Fund. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number: N/A. The U.S. Victims of State Sponsored Terrorism Fund, U.S. Department of Justice, Criminal Division. 4. Affected public who will be asked or required to respond, as well as a brief abstract: The U.S. Victims of State Sponsored Terrorism Fund (‘‘USVSST Fund’’) was established to provide compensation to certain individuals who were injured as a result of acts of international terrorism by a state sponsor of terrorism. Under the Justice for United States Victims of State Sponsored Terrorism Act (‘‘Act’’), 34 U.S.C. 20144(c), an eligible claimant is (1) a U.S. person, as defined in 34 U.S.C. 20144(j)(8), with a final judgment issued by a U.S. district court under state or federal law against a state sponsor of terrorism and arising from an act of international terrorism, for which the foreign state was found not immune under provisions of the Foreign Sovereign Immunities Act, codified at 28 U.S.C. 1605A or 1605(a)(7) (as such section was in effect on January 27, 2008); (2) a U.S. person, as defined in 34 U.S.C. 20144(j)(8), who was taken and held hostage from the United States Embassy in Tehran, Iran, during the E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Notices]
[Pages 32472-32474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14406]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1081]


Certain LED Lighting Devices, LED Power Supplies, and Components 
Thereof; Commission's Final Determination of No Violation of Section 
337 by the Participating Respondents, and Final Determination of a 
Violation of Section 337 by a Defaulted Respondent; Issuance of a 
Limited Exclusion Order and a Cease and Desist Order; 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 no violation of section 337 of the Tariff Act of 
1930, as amended, by participating respondents Feit Electric Company, 
Inc. of Pico Rivera, California and Feit Electric Company, Inc. (China) 
of Xiamen, China (together, ``Feit''); Lowe's Companies, Inc. of 
Mooresville, North Carolina and L G Sourcing, Inc. of North Wilkesboro, 
North Carolina (together, ``Lowe's''); and Satco Products, Inc. of 
Brentwood, New York (``Satco''). The Commission has found a violation 
of section 337 by defaulting respondent MSi Lighting, Inc. of Boca 
Raton, Florida (``MSi Lighting''), and has determined to issue a 
limited exclusion order and a cease and desist order against that 
respondent. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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).

[[Page 32473]]

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 8, 2017, based on a complaint filed by complainants Philips 
Lighting North America Corp. and Philips Lighting Holding B.V. 
(together, ``Complainants''). 82 FR 51872. The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, and the sale after importation within the United States 
after importation of certain LED devices, LED power supplies, and 
components thereof by reason of infringement of one or more claims of 
U.S. Patent Nos. 6, 586,890 (``the '890 patent''); 7,038,399 (``the 
'399 patent''); 7,256,554 (``the '554 patent''); 7,262,559 (``the '559 
patent''); and 8,070,328 (``the '328 patent''). Id. The notice of 
investigation named the following respondents: Edgewell Personal Care 
Brands, LLC of Shelton, Connecticut (``Edgewell''); Feit; Lowe's; MSi 
Lighting; Satco; Topaz Lighting Corp. of Holtsville, New York 
(``Topaz''); and Wangs Alliance Corporation d/b/a/WAC Lighting Co. of 
Port Washington, New York, and WAC Lighting (Shanghai) Co. Ltd. of 
Shanghai, China (together, ``WAC''). Id. The Office of Unfair Import 
Investigations is not a party to the investigation. Id.
    The Commission subsequently terminated the investigation with 
respect to Topaz and WAC based on settlement agreements. Order No. 9 
(Jan. 8, 2018), not reviewed, Notice (Jan. 16, 2018); Order No. 42 (May 
2, 2018), not reviewed, Notice (May 18, 2018). The Commission also 
found MSi Lighting in default for failing to respond to the complaint 
and notice of investigation. Order No. 20 (Jan. 31, 2018), not 
reviewed, Notice (Feb. 26, 2018). Additionally, the Commission amended 
the notice of investigation to remove respondent Edgewell, which was 
not named in the complaint but was erroneously included in the notice 
of investigation. Notice (Aug. 6, 2018). Accordingly, at the time of 
the final ID, the remaining participating respondents were Feit, 
Lowe's, and Satco (collectively, ``Respondents'').
    The Commission also terminated the investigation based on a partial 
withdrawal of the complaint with respect to the entire '328 patent, the 
entire '890 patent, certain claims of the '399 patent, and certain 
claims of the '554 patent. Order No. 44 (May 22, 2018), not reviewed, 
Notice (June 11, 2018); Order No. 53 (June 28, 2018), not reviewed, 
Notice (July 24, 2018). At the time of the final ID, Complainants 
asserted that Respondents infringed claims 7, 8, 17-19, 34, and 35 of 
the '399 patent and claims 6 and 12 of the '559 patent, and that Lowe's 
infringed claims 1, 2, 5-7, and 12 of the '554 patent. ID at 64, 84.
    The ALJ also issued a summary determination that Complainants 
showed that its eW Cove Powercore device satisfied the technical prong 
of the domestic industry requirement with respect to claims 1, 2, 5-7 
and 12 of the '554 patent. Order No. 55 (Aug. 1, 2018), not reviewed, 
Notice (Aug. 17, 2018).
    On December 19, 2018, the ALJ issued the final ID finding a 
violation of section 337 with respect to the '399 patent, but no 
violation of section 337 with respect to the '554 and '559 patents. The 
ID found, inter alia, that: Respondents' products infringe claims 7, 8, 
and 17-19 of the '399 patent; that certain Lowe's products infringed 
claims 1, 2, 5, 6, 7, and 12 of the '554 patent but were not shown to 
be imported or sold by a named respondent; that no products were shown 
to infringe the '559 patent; that no asserted claim was shown to be 
invalid; and that Complainants showed a domestic industry with respect 
to all three remaining asserted patents.
    On April 12, 2019, the Commission determined to review the 
following issues:

    1. The ID's infringement findings for the ``controller'' 
limitation of recited in claims 7 and 8 of the '399 patent, and the 
ID's infringement findings for the ``adjustment circuit'' limitation 
recited in claims 17-19 of the '399 patent;
    2. the ID's findings regarding whether products are 
representative of other products with respect to its infringement 
findings for claims 17-19 of the '399 patent and for claims 6 and 12 
of the '559 patent; and
    3. the ID's findings on the economic prong of the domestic 
industry requirement.

    Notice, 84 FR 16280-82 (Apr. 18, 2019). The Commission also sought 
briefing on whether the record shows that the accused products satisfy 
the ``controller'' and ``adjustment circuit'' limitations of the '399 
patent, as well as briefing on remedy, the public interest, and 
bonding. Id. at 16282. The Commission received written submissions from 
Complainants and Respondents on April 26, 2019, and reply written 
submissions from Complainants and Respondent on May 3, 2019. The 
Commission also received submissions on remedy and the public interest 
from Good Earth Lighting, Inc.; Evolution Lighting, LLC; American 
Lighting, Inc.; Jiawei Technology (USA) Ltd.; Blue Sky Wireless, LLC; 
GE Lighting; and Litex Industries, Ltd.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions, responses, and other submissions from 
the parties and the public, the Commission has determined that 
Complainants have not proven a violation of section 337 by Respondents. 
Specifically, the Commission has determined that Complainants failed to 
show that any accused product satisfies the ``controller'' limitation 
of claims 7 and 8 of the '399 patent and failed to show that any 
accused product satisfies the ``adjustment circuit'' limitation of the 
claims 17-19 of the '399 patent. Consequently, the Commission finds 
that Complainants failed to establish that any of Respondents' accused 
products infringes any claim of the '399 patent. The Commission further 
finds that Complainants failed to show that any of Respondents' accused 
products is representative of any other accused product. Finally, the 
Commission has determined to take no position on the ID's findings that 
Complainants satisfied the economic prong of the domestic industry 
requirement through investments under section 337(a)(3)(A) and (B) with 
respect to the '399 patent, and the ID's findings that Complainants 
satisfied the economic prong of the domestic industry requirement 
through investments under section 337(a)(3)(C) with respect to the '554 
patent.
    With respect to defaulted respondent MSi Lighting, Complainants 
request a remedy only with respect to the '399 patent. Under section 
337(g)(1) (19 U.S.C. 1337(g)(1)), the Commission presumes that the 
allegations in the complaint are true, including the allegations that 
MSi Lighting infringes claims 1, 2, 4, and 5 of the '399 patent and 
that Complainants satisfied the domestic industry requirement with 
respect to the '399 patent. The Commission has determined that the 
appropriate form of relief in this investigation is a limited exclusion 
order and a cease and desist order prohibiting MSi Lighting from 
importing, selling, offering for sale, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
or soliciting U.S. agents or distributors of imported LED devices, LED 
power supplies, and components that infringe claims 1, 2, 4, and 5 of 
the '399 patent. Id. The Commission has further determined that the 
public interest factors enumerated in section 337(g)(1) (19 U.S.C. 
1337(g)(1)) do not

[[Page 32474]]

preclude the issuance of the limited exclusion order and cease and 
desist order. Finally, the Commission has determined that the bond for 
importation during the period of Presidential review shall be in the 
amount of three percent of the entered value of the imported subject 
articles of MSi Lighting.
    The parties also have several pending motions and requests. On 
February 6, 2019, Complainants moved to amend the complaint and notice 
of investigation to reflect a corporate name change, as Philips 
Lighting North American Corporation changed its name to Signify North 
America Corporation and Philips Lighting Holding B.V. changed its name 
to Signify Holding B.V. No party opposed the motion. The Commission 
grants Complainants' motion for good cause shown. The term 
``Complainants'' refers to both Signify North America Corporation and 
Signify Holding B.V., as well as their previous names, Philips Lighting 
North American Corporation and Philips Lighting Holding B.V.
    On May 7, 2019, Respondents filed a letter stating that 
Complainants inappropriately attached a version of an expert witness 
statement that contains stricken material and that was not admitted 
into evidence. The Commission clarifies that it has relied upon only 
the version of the expert witness statement that was admitted into 
evidence.
    On May 23, 2019, Respondents filed a letter requesting to conduct 
post-hearing discovery concerning alleged perjury based on statements 
that occurred nine months earlier during the evidentiary hearing on 
August 20, 2018. On May 31, 2019, Complainants filed a letter in 
response. The Commission denies Respondents' tardy request for post-
hearing discovery for failure to establish an adequate basis for their 
requested relief.
    Accordingly, the Commission has determined that Complainants have 
failed to show a violation of section 337 by Respondents with respect 
to the '399, '559, and '554 patents. The Commission has also determined 
to issue a limited exclusion order and a cease and desist order against 
MSi Lighting pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)). The 
Commission's determinations are explained more fully in the 
accompanying Opinion. All other findings in the ID under review that 
are consistent with the Commission's determinations are affirmed.
    The Commission's notice, orders, and opinion were delivered to the 
President and to the United States Trade Representative on the day of 
their issuance. The Commission has also notified the Secretary of the 
Treasury and Customs and Border Protection of the order. The 
investigation is hereby terminated.
    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 1, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-14406 Filed 7-5-19; 8:45 am]
 BILLING CODE 7020-02-P
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