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]
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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
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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