Certain Access Control Systems and Components Thereof; Notice of the Commission's Final Determination in a Modification Proceeding; Termination of the Modification Proceeding, 36124-36125 [2019-15877]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES 36124 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Notices Reynolds Presto Products, Inc. on July 22, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain child resistant closures with slider devices having a user actuated insertable torpedo for selectively opening the closures and slider devices therefor. The complaint names as respondents: Dalian Takebishi Packing Industry Co., Ltd. of China; Dalian Altma Industry Co., Ltd. of China; Japan Takebishi Co., Ltd. of Japan; Takebishi Co., Ltd. of Japan; Shanghai Takebishi Packing Material Co., Ltd. of China; and Qingdao Takebishi Packing Industry Co., Ltd of China. The complainant requests that the Commission issue a general exclusion order or, in the alternative issue a limited exclusion order, a cease and desist order and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and VerDate Sep<11>2014 17:54 Jul 25, 2019 Jkt 247001 (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3399’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).1 Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 1 Handbook Frm 00076 Fmt 4703 Sfmt 4703 the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: July 23, 2019. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2019–15888 Filed 7–25–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 37–TA–1016 (Modification Proceeding)] Certain Access Control Systems and Components Thereof; Notice of the Commission’s Final Determination in a Modification Proceeding; Termination of the Modification Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to modify the remedial orders issued in the underlying investigation to exempt Respondents’ redesigned wireless garage door opener products as non-infringing. The abovecaptioned modification proceeding is hereby terminated. FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. 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 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov.3 E:\FR\FM\26JYN1.SGM 26JYN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Notices 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 the underlying investigation on August 9, 2016, based on a complaint filed by The Chamberlain Group, Inc. (‘‘Chamberlain’’) of Elmhurst, Illinois. 81 FR 52713 (Aug. 9, 2016). The complaint alleged a violation of 19 U.S.C. 1337, as amended (‘‘Section 337’’), in the importation, sale for importation, or sale in United States after importation of certain access control systems and components thereof that allegedly infringe one or more claims of U.S. Patent Nos. 7,161,319 (‘‘the ‘319 patent’’), 7,339,336 (‘‘the ‘336 patent’’), and 7,196,611 (‘‘the ‘611 patent’’). The ‘611 patent was subsequently withdrawn and terminated from the investigation. Order No. 28 (May 3, 2017), not rev’d, Comm’n Notice (May 31, 2017). The notice of investigation named Techtronic Industries Co., Techtronic Industries North America, Inc., One World Technologies, Inc., and OWT Industries, Inc., and ET Technology (Wuxi) Co. (collectively ‘‘Techtronic’’) among the respondents. 81 FR 52713. Ryobi Technologies, Inc. was initially named as a respondent but was later terminated. Order No. 6 (Oct. 17, 2016), not rev’d, Comm’n Notice (Nov. 7, 2016). The Office of Unfair Import Investigations (‘‘OUII’’) was not named as a party to the investigation. 81 FR 52713. On October 23, 2017, the thenpresiding administrative law judge (‘‘ALJ’’) issued a final initial determination (‘‘ID’’) in the underlying investigation, finding that Techtronic violated Section 337 by importing and selling garage door openers that infringe asserted claims 1–4, 7–12, 15, and 16 of the ‘319 patent. ID at 294. The ID found no infringement and hence no violation with respect to the ‘336 patent. Id. The ID found none of the claims invalid as obvious, but found claim 34 of the ‘336 patent invalid under 35 U.S.C. 101 (‘‘Section 101’’). The Commission did not review, and thereby adopted, the ID’s findings on infringement but determined to review the ALJ’s findings on invalidity. 82 FR 61792 (Dec. 29, 2017). The Commission ultimately affirmed the ID’s finding that none of the claims is invalid as obvious VerDate Sep<11>2014 17:54 Jul 25, 2019 Jkt 247001 and took no position on invalidity under Section 101. Comm’n Op. at 34– 38 (Mar. 23, 2018). The Commission found a violation of Section 337 by reason of infringement of the ‘319 patent but not the ‘336 patent, and issued a limited exclusion order and cease and desist orders against Techtronic. 83 FR 13517 (Mar. 29, 2018). Chamberlain and Techtronic have cross-appealed the Commission’s final determination to the U.S. Court of Appeals for the Federal Circuit. The Chamberlain Group, Inc. v. International Trade Comm’n, Appeal Nos. 18–2002, 18–2191 (consolidated). On August 2, 2018, Techtronic filed a petition to institute a modification proceeding, pursuant to 19 U.S.C. 1337(k), to determine whether its redesigned wireless garage door openers infringe the ‘319 patent and are covered by the remedial orders issued in the underlying investigation. Chamberlain filed its opposition to the petition on August 13, 2018. On September 4, 2018, the Commission issued a notice of its determination to institute the modification proceeding. 83 FR 45676 (Sept. 10, 2018). OUII was not named as a party to the modification proceeding. Id. After a period for fact and expert discovery, motions, and pre-hearing briefing, the chief administrative law judge (‘‘CALJ’’) held an evidentiary hearing on December 12, 2018, on the issues raised by the parties. The parties filed their post-hearing briefs on December 21, 2018, and their reply briefs on January 30, 2019. In view of the partial shutdown of the federal government in January 2019, the CALJ issued an ID to revise the procedural schedule and extend the deadline for issuance of the RD from March 11, 2019, to April 22, 2019. Order No. 48 (Jan. 31, 2019). The Commission subsequently extended the target date for completion of this modification proceeding to July 22, 2019. Comm’n Notice (Mar. 4, 2019). On April 22, 2019, the CALJ issued his RD, finding that Techtronic’s redesigned garage door openers do not infringe the ‘319 patent and recommending that the remedial orders be modified to exempt Techtronic’s non-infringing products. On May 3, 2019, Chamberlain filed comments on the RD asking the Commission to review and reverse the subject RD. Techtronic did not file a reply to Chamberlain’s comments. On June 7, 2019, the Commission determined to review the subject RD and asked the parties to submit additional briefing. Comm’n Notice at 2–3 (June 7, 2019). The parties filed PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 36125 their initial responses on June 20, 2019, and their reply briefs on June 27, 2019. Having considered the parties’ submissions, the RD, and the evidence of record, the Commission has determined that Techtronic’s redesigned wireless products do not infringe the ‘319 patent and thus are not covered by the remedial orders issued in the underlying investigation. The Commission has further determined to modify the limited exclusion order and cease and desist orders issued in that investigation to exempt Techtronic’s non-infringing products. A separate modification order will be issued herewith. 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 22, 2019. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2019–15877 Filed 7–25–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree and Release of Draft Restoration Plan Under The Comprehensive Environmental Response, Compensation, and Liability Act On July 18, 2019, the Department of Justice lodged a proposed consent decree with the United States District Court for the Middle District of North Carolina in the lawsuit entitled United States, the State of North Carolina, and the Commonwealth of Virginia v. Duke Energy Carolinas, LLC, Civil Action No. 1:19–cv–00707. The settlement resolves civil claims by the United States, the State of North Carolina, and the Commonwealth of Virginia (collectively the ‘‘Trustees’’) against Duke Energy Carolinas, LLC (‘‘Duke Energy’’) under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’) for injury to, impairment of, destruction of, and loss of use of natural resources in the Dan River in North Carolina and Virginia as a result of a coal ash spill from Duke Energy’s Dan River Steam Station near Eden, Rockingham County, North Carolina on February 2, 2014 (the ‘‘Release). Under the proposed Consent E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Notices]
[Pages 36124-36125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15877]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 37-TA-1016 (Modification Proceeding)]


Certain Access Control Systems and Components Thereof; Notice of 
the Commission's Final Determination in a Modification Proceeding; 
Termination of the Modification Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to modify the remedial 
orders issued in the underlying investigation to exempt Respondents' 
redesigned wireless garage door opener products as non-infringing. The 
above-captioned modification proceeding is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. 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

[[Page 36125]]

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 the underlying 
investigation on August 9, 2016, based on a complaint filed by The 
Chamberlain Group, Inc. (``Chamberlain'') of Elmhurst, Illinois. 81 FR 
52713 (Aug. 9, 2016). The complaint alleged a violation of 19 U.S.C. 
1337, as amended (``Section 337''), in the importation, sale for 
importation, or sale in United States after importation of certain 
access control systems and components thereof that allegedly infringe 
one or more claims of U.S. Patent Nos. 7,161,319 (``the `319 patent''), 
7,339,336 (``the `336 patent''), and 7,196,611 (``the `611 patent''). 
The `611 patent was subsequently withdrawn and terminated from the 
investigation. Order No. 28 (May 3, 2017), not rev'd, Comm'n Notice 
(May 31, 2017).
    The notice of investigation named Techtronic Industries Co., 
Techtronic Industries North America, Inc., One World Technologies, 
Inc., and OWT Industries, Inc., and ET Technology (Wuxi) Co. 
(collectively ``Techtronic'') among the respondents. 81 FR 52713. Ryobi 
Technologies, Inc. was initially named as a respondent but was later 
terminated. Order No. 6 (Oct. 17, 2016), not rev'd, Comm'n Notice (Nov. 
7, 2016). The Office of Unfair Import Investigations (``OUII'') was not 
named as a party to the investigation. 81 FR 52713.
    On October 23, 2017, the then-presiding administrative law judge 
(``ALJ'') issued a final initial determination (``ID'') in the 
underlying investigation, finding that Techtronic violated Section 337 
by importing and selling garage door openers that infringe asserted 
claims 1-4, 7-12, 15, and 16 of the `319 patent. ID at 294. The ID 
found no infringement and hence no violation with respect to the `336 
patent. Id. The ID found none of the claims invalid as obvious, but 
found claim 34 of the `336 patent invalid under 35 U.S.C. 101 
(``Section 101'').
    The Commission did not review, and thereby adopted, the ID's 
findings on infringement but determined to review the ALJ's findings on 
invalidity. 82 FR 61792 (Dec. 29, 2017). The Commission ultimately 
affirmed the ID's finding that none of the claims is invalid as obvious 
and took no position on invalidity under Section 101. Comm'n Op. at 34-
38 (Mar. 23, 2018). The Commission found a violation of Section 337 by 
reason of infringement of the `319 patent but not the `336 patent, and 
issued a limited exclusion order and cease and desist orders against 
Techtronic. 83 FR 13517 (Mar. 29, 2018). Chamberlain and Techtronic 
have cross-appealed the Commission's final determination to the U.S. 
Court of Appeals for the Federal Circuit. The Chamberlain Group, Inc. 
v. International Trade Comm'n, Appeal Nos. 18-2002, 18-2191 
(consolidated).
    On August 2, 2018, Techtronic filed a petition to institute a 
modification proceeding, pursuant to 19 U.S.C. 1337(k), to determine 
whether its redesigned wireless garage door openers infringe the `319 
patent and are covered by the remedial orders issued in the underlying 
investigation. Chamberlain filed its opposition to the petition on 
August 13, 2018.
    On September 4, 2018, the Commission issued a notice of its 
determination to institute the modification proceeding. 83 FR 45676 
(Sept. 10, 2018). OUII was not named as a party to the modification 
proceeding. Id.
    After a period for fact and expert discovery, motions, and pre-
hearing briefing, the chief administrative law judge (``CALJ'') held an 
evidentiary hearing on December 12, 2018, on the issues raised by the 
parties. The parties filed their post-hearing briefs on December 21, 
2018, and their reply briefs on January 30, 2019. In view of the 
partial shutdown of the federal government in January 2019, the CALJ 
issued an ID to revise the procedural schedule and extend the deadline 
for issuance of the RD from March 11, 2019, to April 22, 2019. Order 
No. 48 (Jan. 31, 2019). The Commission subsequently extended the target 
date for completion of this modification proceeding to July 22, 2019. 
Comm'n Notice (Mar. 4, 2019).
    On April 22, 2019, the CALJ issued his RD, finding that 
Techtronic's redesigned garage door openers do not infringe the `319 
patent and recommending that the remedial orders be modified to exempt 
Techtronic's non-infringing products. On May 3, 2019, Chamberlain filed 
comments on the RD asking the Commission to review and reverse the 
subject RD. Techtronic did not file a reply to Chamberlain's comments.
    On June 7, 2019, the Commission determined to review the subject RD 
and asked the parties to submit additional briefing. Comm'n Notice at 
2-3 (June 7, 2019). The parties filed their initial responses on June 
20, 2019, and their reply briefs on June 27, 2019.
    Having considered the parties' submissions, the RD, and the 
evidence of record, the Commission has determined that Techtronic's 
redesigned wireless products do not infringe the `319 patent and thus 
are not covered by the remedial orders issued in the underlying 
investigation. The Commission has further determined to modify the 
limited exclusion order and cease and desist orders issued in that 
investigation to exempt Techtronic's non-infringing products. A 
separate modification order will be issued herewith.
    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 22, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-15877 Filed 7-25-19; 8:45 am]
 BILLING CODE 7020-02-P

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