Certain Thermoplastic Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II; Termination of Investigation With a Finding of No Violation of Section 337, 35881-35882 [2019-15784]

Download as PDF Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Notices DEPARTMENT OF THE INTERIOR National Park Service [NPS–WASO–D–COS–POL–28210; PPWODIREP0; PPMPSAS1Y.YP0000] Notice of the August 27, 2019, Meeting of the National Park System Advisory Board National Park Service, Interior. Meeting notice. AGENCY: ACTION: In accordance with the Federal Advisory Committee Act of 1972, the National Park Service (NPS) is hereby giving notice that the National Park System Advisory Board (Board) will meet as noted below. DATES: The meeting will be held on Tuesday, August 27, 2019, from 9:30 a.m. to 5:15 p.m. (Eastern). ADDRESSES: The meeting will be conducted in the South Penthouse of the Stewart Lee Udall Department of the Interior Building, 1849 C Street NW, Washington, DC 20240, telephone 202– 354–3950. FOR FURTHER INFORMATION CONTACT: Joshua Winchell, Staff Director, National Park System Advisory Board, Office of Policy, National Park Service, 1849 C Street NW, Mail Stop 2659, Washington, DC 20240, telephone (202) 513–7053, or email itmd_ joshuawinchell@nps.gov. SUPPLEMENTARY INFORMATION: The Board has been established by authority of the Secretary of the Interior (Secretary) under 54 U.S.C. 100906, and is regulated by the Federal Advisory Committee Act. The Board will convene its business meeting at 9:30 a.m. and adjourn at 5:15 p.m. During the morning session, the Board will be addressed by Secretary of the Interior David Bernhardt, and other senior Department of the Interior and National Park Service leaders. During the afternoon session, the Board will be briefed by National Park Service officials on the organization, programs, and priorities of the National Park Service; and the Board will attend to housekeeping matters, including the election of the chair and vice chair, and establishment of committees under the Board. There will also be a public comment period. The final agenda will be posted to the Board’s website prior to the meeting at https://www.nps.gov/ advisoryboard.htm. The meeting is open to the public, but preregistration is required due to security requirements in the building and limited seating. Any individual who wishes to attend the meeting should register via email at Joshua jspears on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:56 Jul 24, 2019 Jkt 247001 Winchell itmd_joshuawinchell@ nps.gov, or telephone (202) 513–7053. Interested persons may choose to make a public comment at the meeting during the designated time for this purpose. Members of the public may also choose to submit written comments by mailing them to Joshua Winchell, Staff Director, National Park System Advisory Board, Office of Policy, National Park Service, 1849 C Street NW, MS 2659, Washington, DC 20240, or via email at itmd_joshuawinchell@nps.gov. Individuals who plan to attend and need special assistance, such as sign language interpretation, should contact the NPS as provided above. Public Disclosure of Comments: 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 personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: 5 U.S.C. Appendix 2. Alma Ripps, Chief, Office of Policy. [FR Doc. 2019–15815 Filed 7–24–19; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1073] Certain Thermoplastic Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II; Termination of Investigation With a Finding of No Violation of Section 337 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to terminate the above-captioned investigation with a finding of no violation of section 337 of the Tariff Act of 1930. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 708–2532. Copies of non-confidential documents filed in connection with this investigation are or will be available for SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 35881 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 October 11, 2017, based on a complaint filed on September 5, 2017, by Intellectual Ventures II LLC of Bellevue, Washington (‘‘IV’’). 82 FR 47250 (Oct. 11, 2017). The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,683,509 (‘‘the ’509 patent’’); 7,928,348 (‘‘the ’348 patent’’); 7,154,200 (‘‘the ’200 patent’’); 7,067,944 (‘‘the ’944 patent’’); and 7,067,952 (‘‘the ’952 patent’’). The notice of investigation names as respondents Aisin Seiki Co., Ltd. of Aichi, Japan; Aisin Holdings of America, Inc. of Seymour, Indiana; Aisin Technical Center of America, Inc. of Northville, Michigan; and Aisin World Corporation of America of Northville, Michigan (collectively, ‘‘Aisin’’ or ‘‘Aisin Seiki’’); Bayerische Motoren Werke AG of Munich, Germany, BMW of North America, LLC of Woodcliff Lake, New Jersey and BMW Manufacturing Co., LLC of Greer, South Carolina (collectively, ‘‘BMW’’); Denso Corporation of Aichi, Japan and Denso International America, Inc. of Southfield, Michigan (‘‘collectively, DENSO’’); Honda Motor Co., Ltd. of Tokyo, Japan; Honda North America, Inc., of Torrance, California; American Honda Motor Co., Inc. of Torrance, California; Honda of America Mfg., Inc. of Marysville, Ohio; Honda Manufacturing of Alabama, LLC of Lincoln, Alabama; and Honda R&D Americas, Inc. of Torrance, California (collectively, ‘‘Honda’’); Mitsuba Corporation of Gunma, Japan and American Mitsuba Corporation of Mount Pleasant, Michigan (collectively, ‘‘Mitsuba’’); Nidec Corporation of Kyoto, Japan and Nidec Automotive Motor Americas, LLC of Auburn Hills, Michigan (collectively, ‘‘Nidec’’); and Toyota Motor Corporation of Aichi E:\FR\FM\25JYN1.SGM 25JYN1 jspears on DSK30JT082PROD with NOTICES 35882 Federal Register / Vol. 84, No. 143 / Thursday, July 25, 2019 / Notices Prefecture, Japan; Toyota Motor North America, Inc. of New York, New York; Toyota Motor Sales, U.S.A., Inc. of Torrance, California; Toyota Motor Engineering & Manufacturing North America, Inc. of Erlanger, Kentucky; Toyota Motor Manufacturing, Indiana, Inc. of Princeton, Indiana; and Toyota Motor Manufacturing, Kentucky, Inc. of Georgetown, Kentucky (collectively, ‘‘Toyota’’). The Office of Unfair Import Investigations (‘‘OUII’’) was also named a party in this investigation. The Commission previously terminated the investigation in part with respect to respondents BMW, DENSO, Mitsuba, and Nidec, as well as the ’200, ’944, and ’952 patents. Notice (Apr. 18, 2018) (determining not to review Order No. 22 (Mar. 16, 2018)); Notice (May 4, 2018) (determining not to review Order No. 29 (Apr. 10, 2018)); Notice (May 4, 2018) (determining not to review Order No. 31 (Apr. 16, 2018)); Notice (May 11, 2018) (determining not to review Order No. 33 (Apr. 23, 2018)); Notice (June 19, 2018) (determining not to review Order No. 39 (May 21, 2018)); Notice (Aug. 15, 2018) (determining not to review Order No. 46 (July 19, 2018)); Notice (Aug. 15, 2018) (determining not to review Order No. 47 (July 24, 2018)); Notice (Aug. 27, 2018) (determining not to review Order No. 48 (Aug. 13, 2018)). Thus, the remaining respondents in this investigation are Aisin, Honda, and Toyota (collectively, ‘‘Respondents’’), and the remaining asserted patents are the ’509 and ’348 patents (collectively, the ‘‘asserted patents’’). On November 13, 2018, the presiding administrative law judge (‘‘ALJ’’) issued a final initial determination (‘‘ID’’), finding no violation of section 337 with respect to the ’509 and ’348 patents. Specifically, the ID finds that the accused products infringe claims 14 and 15 of the ’509 patent, but do not infringe claims 24–27 of the ’348 patent. With respect to both patents, the ID finds that IV has not satisfied the domestic industry requirement of section 337(a)(2) & (a)(3), nor have Respondents established that any asserted claim is invalid for obviousness. On November 27, 2018, the ALJ issued a Recommended Determination (‘‘RD’’) on remedy, the public interest, and bonding, recommending, should the Commission find a violation: (1) The issuance of a limited exclusion order directed to certain infringing thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same; (2) the issuance of cease and desist orders against Aisin and Toyota; and (3) imposition of a bond of zero percent for VerDate Sep<11>2014 16:56 Jul 24, 2019 Jkt 247001 infringing products that are imported during the period of Presidential review. Also, on November 27, 2018, IV filed a petition for review, and Respondents filed a contingent petition for review, each challenging various findings in the final ID. On December 6, 2018, IV, Respondents, and OUII filed responses to the petitions for review. On December 14, 2018, Respondents filed a notice that, on December 12, 2018, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office issued four final written decisions finding that every claim asserted against Respondents in this investigation is unpatentable on invalidity grounds. On January 7, 2019, the Alliance of Automobile Manufacturers and the Association of Global Automakers filed a joint public-interest submission. On February 19, 2019, the Commission determined to review the ID in its entirety, and solicited further briefing from the parties on certain issues, and briefing from the parties and the public on remedy, the public interest and bonding. On March 1, 2019, the parties filed opening briefs, and on March 8, 2019, the parties filed reply briefs. Having examined the record of this investigation, including the final ID and the parties’ submissions, the Commission has determined that IV has failed to satisfy the domestic industry requirement of section 337(a)(2) & (a)(3), 19 U.S.C. 1337(a)(2) & (a)(3). Accordingly, the Commission has determined to terminate the investigation with a finding of no violation of section 337. The Commission, therefore, does not reach and takes no position on the other issues raised in the parties’ petitions for Commission review. The reasons for the Commission’s determination are set forth more fully in the Commission’s opinion. 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 19, 2019. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2019–15784 Filed 7–24–19; 8:45 am] Frm 00034 Fmt 4703 [USITC SE–19–029] Sunshine Act Meetings United States International Trade Commission. AGENCY HOLDING THE MEETING: TIME AND DATE: August 2, 2019 at 11:00 a.m. Room 101, 500 E Street SW, Washington, DC 20436. Telephone: (202) 205–2000. PLACE: STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote on Inv. Nos. 701–TA–609 and 731–TA–1421 (Final) (Steel Trailer Wheels from China). The Commission is currently scheduled to complete and file its determinations and views of the Commission by August 22, 2019. 5. Vote on Inv. Nos. 701–TA–450 and 731–TA–1122 (Second Review) (Laminated Woven Sacks from China). The Commission is currently scheduled to complete and file its determinations and views of the Commission by August 20, 2019. 6. Vote on Inv. No. 731–TA–1123 (Second Review) (Steel Wire Garment Hangers from China). The Commission is currently scheduled to complete and file its determination and views of the Commission by August 22, 2019. 7. Vote on Inv. No. 731–TA–749 (Fourth Review) (Persulfates from China). The Commission is currently scheduled to complete and file its determination and views of the Commission by August 15, 2019. 8. Outstanding action jackets: None. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: July 22, 2019. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2019–15878 Filed 7–23–19; 11:15 am] BILLING CODE 7020–02–P BILLING CODE 7020–02–P PO 00000 INTERNATIONAL TRADE COMMISSION Sfmt 9990 E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Pages 35881-35882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15784]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1073]


Certain Thermoplastic Encapsulated Electric Motors, Components 
Thereof, and Products and Vehicles Containing Same II; Termination of 
Investigation With a Finding of No Violation of Section 337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to terminate the above-captioned 
investigation with a finding of no violation of section 337 of the 
Tariff Act of 1930.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-708-2532. 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 October 11, 2017, based on a complaint filed on September 5, 
2017, by Intellectual Ventures II LLC of Bellevue, Washington (``IV''). 
82 FR 47250 (Oct. 11, 2017). The complaint alleges a violation of 
section 337 by reason of infringement of certain claims of U.S. Patent 
Nos. 7,683,509 (``the '509 patent''); 7,928,348 (``the '348 patent''); 
7,154,200 (``the '200 patent''); 7,067,944 (``the '944 patent''); and 
7,067,952 (``the '952 patent''). The notice of investigation names as 
respondents Aisin Seiki Co., Ltd. of Aichi, Japan; Aisin Holdings of 
America, Inc. of Seymour, Indiana; Aisin Technical Center of America, 
Inc. of Northville, Michigan; and Aisin World Corporation of America of 
Northville, Michigan (collectively, ``Aisin'' or ``Aisin Seiki''); 
Bayerische Motoren Werke AG of Munich, Germany, BMW of North America, 
LLC of Woodcliff Lake, New Jersey and BMW Manufacturing Co., LLC of 
Greer, South Carolina (collectively, ``BMW''); Denso Corporation of 
Aichi, Japan and Denso International America, Inc. of Southfield, 
Michigan (``collectively, DENSO''); Honda Motor Co., Ltd. of Tokyo, 
Japan; Honda North America, Inc., of Torrance, California; American 
Honda Motor Co., Inc. of Torrance, California; Honda of America Mfg., 
Inc. of Marysville, Ohio; Honda Manufacturing of Alabama, LLC of 
Lincoln, Alabama; and Honda R&D Americas, Inc. of Torrance, California 
(collectively, ``Honda''); Mitsuba Corporation of Gunma, Japan and 
American Mitsuba Corporation of Mount Pleasant, Michigan (collectively, 
``Mitsuba''); Nidec Corporation of Kyoto, Japan and Nidec Automotive 
Motor Americas, LLC of Auburn Hills, Michigan (collectively, 
``Nidec''); and Toyota Motor Corporation of Aichi

[[Page 35882]]

Prefecture, Japan; Toyota Motor North America, Inc. of New York, New 
York; Toyota Motor Sales, U.S.A., Inc. of Torrance, California; Toyota 
Motor Engineering & Manufacturing North America, Inc. of Erlanger, 
Kentucky; Toyota Motor Manufacturing, Indiana, Inc. of Princeton, 
Indiana; and Toyota Motor Manufacturing, Kentucky, Inc. of Georgetown, 
Kentucky (collectively, ``Toyota''). The Office of Unfair Import 
Investigations (``OUII'') was also named a party in this investigation.
    The Commission previously terminated the investigation in part with 
respect to respondents BMW, DENSO, Mitsuba, and Nidec, as well as the 
'200, '944, and '952 patents. Notice (Apr. 18, 2018) (determining not 
to review Order No. 22 (Mar. 16, 2018)); Notice (May 4, 2018) 
(determining not to review Order No. 29 (Apr. 10, 2018)); Notice (May 
4, 2018) (determining not to review Order No. 31 (Apr. 16, 2018)); 
Notice (May 11, 2018) (determining not to review Order No. 33 (Apr. 23, 
2018)); Notice (June 19, 2018) (determining not to review Order No. 39 
(May 21, 2018)); Notice (Aug. 15, 2018) (determining not to review 
Order No. 46 (July 19, 2018)); Notice (Aug. 15, 2018) (determining not 
to review Order No. 47 (July 24, 2018)); Notice (Aug. 27, 2018) 
(determining not to review Order No. 48 (Aug. 13, 2018)). Thus, the 
remaining respondents in this investigation are Aisin, Honda, and 
Toyota (collectively, ``Respondents''), and the remaining asserted 
patents are the '509 and '348 patents (collectively, the ``asserted 
patents'').
    On November 13, 2018, the presiding administrative law judge 
(``ALJ'') issued a final initial determination (``ID''), finding no 
violation of section 337 with respect to the '509 and '348 patents. 
Specifically, the ID finds that the accused products infringe claims 14 
and 15 of the '509 patent, but do not infringe claims 24-27 of the '348 
patent. With respect to both patents, the ID finds that IV has not 
satisfied the domestic industry requirement of section 337(a)(2) & 
(a)(3), nor have Respondents established that any asserted claim is 
invalid for obviousness.
    On November 27, 2018, the ALJ issued a Recommended Determination 
(``RD'') on remedy, the public interest, and bonding, recommending, 
should the Commission find a violation: (1) The issuance of a limited 
exclusion order directed to certain infringing thermoplastic-
encapsulated electric motors, components thereof, and products and 
vehicles containing same; (2) the issuance of cease and desist orders 
against Aisin and Toyota; and (3) imposition of a bond of zero percent 
for infringing products that are imported during the period of 
Presidential review.
    Also, on November 27, 2018, IV filed a petition for review, and 
Respondents filed a contingent petition for review, each challenging 
various findings in the final ID. On December 6, 2018, IV, Respondents, 
and OUII filed responses to the petitions for review.
    On December 14, 2018, Respondents filed a notice that, on December 
12, 2018, the Patent Trial and Appeal Board of the U.S. Patent and 
Trademark Office issued four final written decisions finding that every 
claim asserted against Respondents in this investigation is 
unpatentable on invalidity grounds.
    On January 7, 2019, the Alliance of Automobile Manufacturers and 
the Association of Global Automakers filed a joint public-interest 
submission.
    On February 19, 2019, the Commission determined to review the ID in 
its entirety, and solicited further briefing from the parties on 
certain issues, and briefing from the parties and the public on remedy, 
the public interest and bonding. On March 1, 2019, the parties filed 
opening briefs, and on March 8, 2019, the parties filed reply briefs.
    Having examined the record of this investigation, including the 
final ID and the parties' submissions, the Commission has determined 
that IV has failed to satisfy the domestic industry requirement of 
section 337(a)(2) & (a)(3), 19 U.S.C. 1337(a)(2) & (a)(3). Accordingly, 
the Commission has determined to terminate the investigation with a 
finding of no violation of section 337. The Commission, therefore, does 
not reach and takes no position on the other issues raised in the 
parties' petitions for Commission review.
    The reasons for the Commission's determination are set forth more 
fully in the Commission's opinion.
    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 19, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-15784 Filed 7-24-19; 8:45 am]
 BILLING CODE 7020-02-P

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