Commission Decision To Affirm in Part, Modify in Part, Reverse in Part, and Take No Position With Respect to Certain Portions of a Final Initial Determination; Termination of the Investigation: Certain Electrical Connectors, Components Thereof, and Products Containing the Same, 45169 [2019-18513]

Download as PDF Federal Register / Vol. 84, No. 167 / Wednesday, August 28, 2019 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1043] Commission Decision To Affirm in Part, Modify in Part, Reverse in Part, and Take No Position With Respect to Certain Portions of a Final Initial Determination; Termination of the Investigation: Certain Electrical Connectors, Components Thereof, and Products Containing the Same U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to affirm in part, modify in part, reverse in part, and take no position with respect to certain portions of a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding a violation of section 337. On review, the Commission finds that there is no violation of section 337. The Commission has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. 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 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 March 14, 2017, based on a complaint filed by J.S.T. Corporation (‘‘JST’’) of Farmington Hills, Michigan. 82 FR 13654–55 (March 14, 2017). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the importation and sale of certain electrical connectors, components thereof, and products containing the same by reason of infringement of claims 2, 4, and 9–10 jbell on DSK3GLQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:14 Aug 27, 2019 Jkt 247001 (the ‘‘asserted claims’’) of U.S. Patent No. 7,004,766 (‘‘the ’766 patent’’). The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation names the following respondents: Robert Bosch GmbH of BadenWuertemberg, Germany; Bosch Automotive Products (Suzhou) Co., Ltd. of Jiangsu, China; and Hon Hai Precision Industry Co., Ltd. of New Tapei City, Taiwan (collectively, ‘‘the Non-Importing Respondents’’); Robert Bosch LLC of Broadview, Illinois; Robert Bosch, Sistemas Automatrices, S.A. de C.V. of Chihuahua, Mexico; Foxconn Interconnect Technology, Ltd. of New Tapei City, Taiwan (‘‘Bosch’’) (the ‘‘Respondents’’ are the NonImporting Respondents and Bosch, collectively); and Robert Bosch, Ltda. (‘‘Bosch Brazil’’) of Sao Paulo, Brazil. The Office of Unfair Import Investigations is not participating in the investigation. The Commission later terminated Bosch Brazil from the investigation. See Order No. 68 (November 8, 2018), unreviewed by Comm’n Notice (December 3, 2018). On April 12, 2019, the ALJ issued his final ID finding a violation of section 337. The ID finds that the NonImporting Respondents do not satisfy the importation requirement of section 337(a)(1)(B). The ID further finds that the accused products infringe the asserted claims. The ID also finds that the asserted claims are not invalid under 35 U.S.C. 102 or 103, including finding that the prior art Tyco Docking Station Connector (‘‘Tyco Connector’’) does not anticipate the asserted claims. In addition, the ID finds that JST satisfied the domestic industry requirement with respect to the ’766 patent. In the same document, the ALJ recommended that if the Commission finds a violation, it should issue a limited exclusion order directed to Bosch’s infringing products and no cease and desist orders. On April 29, 2019, Respondents petitioned, and JST contingently petitioned, for review of the final ID. On May 7, 2019, JST and Respondents each filed a response in opposition to the other party’s petition for review. On June 24, 2019, the Commission determined to review the final ID in its entirety. See 84 FR 31098–99 (June 28, 2019). The Commission also requested the parties to respond to certain questions concerning the issues under review and requested written submissions on the issues of remedy, the public interest, and bonding from the parties and interested non-parties. Id. PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 45169 On July 8 and 15, 2019, respectively, JST and Respondents each filed a brief and a reply brief on all issues for which the Commission requested written submissions. Having reviewed the record in this investigation, including the ALJ’s final ID and the parties’ written submissions, the Commission has determined to affirm in part, modify in part, reverse in part, and take no position with respect to certain portions of the final ID’s findings. Specifically, the Commission has determined to construe the limitation ‘‘first holes are provided in end regions of the tine plate proximate to two opposite ends of the tine plate in the longitudinal direction’’ recited in claim 2 of the ’766 patent to require that the first (elongated) holes at the periphery of the tine plate in the longitudinal direction must be closer to the periphery of the tine plate than any second hole. Based on this construction, the Commission has determined to reverse the final ID and find that the accused products do not infringe any of the asserted claims. The Commission has also determined to reverse the ID and finds that the Tyco Connector anticipates the asserted claims. The Commission has also determined to take no position on: (1) The ID’s finding that JST’s domestic products practice claims 1, 2, 3, 6, 9, or 10 of the ’766 patent to satisfy the domestic industry requirement; (2) the ID’s other findings regarding non-invalidity of the asserted claims; and (3) the ID’s finding that JST’s investments and activities satisfied the domestic industry requirement. The Commission adopts and affirms the remainder of the final ID. The Commission has issued an opinion explaining the basis for the Commission’s determination. Thus, the investigation is terminated with a determination of no violation of section 337. 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: August 22, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–18513 Filed 8–27–19; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Page 45169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18513]



[[Page 45169]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1043]


Commission Decision To Affirm in Part, Modify in Part, Reverse in 
Part, and Take No Position With Respect to Certain Portions of a Final 
Initial Determination; Termination of the Investigation: Certain 
Electrical Connectors, Components Thereof, and Products Containing the 
Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm in part, modify in part, reverse in 
part, and take no position with respect to certain portions of a final 
initial determination (``ID'') of the presiding administrative law 
judge (``ALJ'') finding a violation of section 337. On review, the 
Commission finds that there is no violation of section 337. The 
Commission has terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 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 March 14, 2017, based on a complaint filed by J.S.T. Corporation 
(``JST'') of Farmington Hills, Michigan. 82 FR 13654-55 (March 14, 
2017). The complaint, as supplemented, alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the 
importation and sale of certain electrical connectors, components 
thereof, and products containing the same by reason of infringement of 
claims 2, 4, and 9-10 (the ``asserted claims'') of U.S. Patent No. 
7,004,766 (``the '766 patent''). The complaint further alleges the 
existence of a domestic industry. The Commission's notice of 
investigation names the following respondents: Robert Bosch GmbH of 
Baden-Wuertemberg, Germany; Bosch Automotive Products (Suzhou) Co., 
Ltd. of Jiangsu, China; and Hon Hai Precision Industry Co., Ltd. of New 
Tapei City, Taiwan (collectively, ``the Non-Importing Respondents''); 
Robert Bosch LLC of Broadview, Illinois; Robert Bosch, Sistemas 
Automatrices, S.A. de C.V. of Chihuahua, Mexico; Foxconn Interconnect 
Technology, Ltd. of New Tapei City, Taiwan (``Bosch'') (the 
``Respondents'' are the Non-Importing Respondents and Bosch, 
collectively); and Robert Bosch, Ltda. (``Bosch Brazil'') of Sao Paulo, 
Brazil. The Office of Unfair Import Investigations is not participating 
in the investigation. The Commission later terminated Bosch Brazil from 
the investigation. See Order No. 68 (November 8, 2018), unreviewed by 
Comm'n Notice (December 3, 2018).
    On April 12, 2019, the ALJ issued his final ID finding a violation 
of section 337. The ID finds that the Non-Importing Respondents do not 
satisfy the importation requirement of section 337(a)(1)(B). The ID 
further finds that the accused products infringe the asserted claims. 
The ID also finds that the asserted claims are not invalid under 35 
U.S.C. 102 or 103, including finding that the prior art Tyco Docking 
Station Connector (``Tyco Connector'') does not anticipate the asserted 
claims. In addition, the ID finds that JST satisfied the domestic 
industry requirement with respect to the '766 patent. In the same 
document, the ALJ recommended that if the Commission finds a violation, 
it should issue a limited exclusion order directed to Bosch's 
infringing products and no cease and desist orders.
    On April 29, 2019, Respondents petitioned, and JST contingently 
petitioned, for review of the final ID. On May 7, 2019, JST and 
Respondents each filed a response in opposition to the other party's 
petition for review.
    On June 24, 2019, the Commission determined to review the final ID 
in its entirety. See 84 FR 31098-99 (June 28, 2019). The Commission 
also requested the parties to respond to certain questions concerning 
the issues under review and requested written submissions on the issues 
of remedy, the public interest, and bonding from the parties and 
interested non-parties. Id.
    On July 8 and 15, 2019, respectively, JST and Respondents each 
filed a brief and a reply brief on all issues for which the Commission 
requested written submissions.
    Having reviewed the record in this investigation, including the 
ALJ's final ID and the parties' written submissions, the Commission has 
determined to affirm in part, modify in part, reverse in part, and take 
no position with respect to certain portions of the final ID's 
findings. Specifically, the Commission has determined to construe the 
limitation ``first holes are provided in end regions of the tine plate 
proximate to two opposite ends of the tine plate in the longitudinal 
direction'' recited in claim 2 of the '766 patent to require that the 
first (elongated) holes at the periphery of the tine plate in the 
longitudinal direction must be closer to the periphery of the tine 
plate than any second hole. Based on this construction, the Commission 
has determined to reverse the final ID and find that the accused 
products do not infringe any of the asserted claims. The Commission has 
also determined to reverse the ID and finds that the Tyco Connector 
anticipates the asserted claims. The Commission has also determined to 
take no position on: (1) The ID's finding that JST's domestic products 
practice claims 1, 2, 3, 6, 9, or 10 of the '766 patent to satisfy the 
domestic industry requirement; (2) the ID's other findings regarding 
non-invalidity of the asserted claims; and (3) the ID's finding that 
JST's investments and activities satisfied the domestic industry 
requirement. The Commission adopts and affirms the remainder of the 
final ID. The Commission has issued an opinion explaining the basis for 
the Commission's determination. Thus, the investigation is terminated 
with a determination of no violation of section 337.
    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: August 22, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18513 Filed 8-27-19; 8:45 am]
 BILLING CODE 7020-02-P