Certain Filament Light-Emitting Diodes and Products Containing Same Institution of Investigation, 46564-46565 [2019-18971]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Notices]
[Pages 46564-46565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18971]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1172]


Certain Filament Light-Emitting Diodes and Products Containing 
Same Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 30, 2019, under section 337 
of the Tariff Act of 1930, as amended, on behalf of The Regents of the 
University of California of Oakland, California. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain filament light-emitting diodes and 
products containing same by reason of infringement of certain U.S. 
Patent No. 7,781,789 (``the '789 patent''); U.S. Patent No. 9,240,529 
(``the '529 patent''); U.S. Patent No. 9,859,464 (``the '464 patent''); 
and U.S. Patent No. 10,217,916 (``the '916 patent''). The complaint 
further alleges that an industry in the United States exists as 
required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order, and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2018).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 28, 2019, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 3, 5, 9, 12, 13, 15, 18, 28, 31, 33, 37, 40, 41, 43, 47, and 56 
of the '789 patent; claims 1, 3, 4, 6, 8-10, 12, 13, 15, 16, 18, 20, 
21, and 24 of the '529 patent; claims 1, 2, 4, 5, 7-12, 14, 15, and 17-
20 of the '464 patent; and claims 1, 5-9, 13, 14, 18-22, and 26 of the 
'916 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``light bulbs 
containing filament LEDs and lighting products containing light bulbs 
containing filament LEDs'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

The Regents of the University of California, 1111 Franklin Street, 
Oakland, CA 94607.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98258.
Amazon.com Services, Inc., 410 Terry Avenue North, Seattle, WA 98109.
Bed Bath & Beyond Inc., 650 Liberty Avenue, Union, NJ 07083.
IKEA of Sweden AB, Tulpanvagen 8, Almhult 343 34, Sweden.
IKEA Supply AG, Gr[uuml]ssenweg 15, CH-4133 Pratteln, Switzerland.
IKEA Distribution Services Inc., 420 Alan Wood Road, Conshohocken, PA 
19428.
IKEA North America Services, LLC, 420 Alan Wood Road, Conshohocken, PA 
19428.
Target Corporation, 1000 Nicollet Mall, Minneapolis, MN 55403.
Walmart Inc., 702 SW 8th Street, Bentonville, AR 72716.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the

[[Page 46565]]

administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the complaint and 
this notice and to enter an initial determination and a final 
determination containing such findings, and may result in the issuance 
of an exclusion order or a cease and desist order or both directed 
against the respondent.

    By order of the Commission.

    Issued: August 28, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18971 Filed 9-3-19; 8:45 am]
 BILLING CODE 7020-02-P