Certain Earpiece Devices and Components Thereof; Commission Determination To Vacate the Domestic Industry Finding as to One Asserted Patent; Remand the Investigation in Part to the Presiding Administrative Law Judge for Further Proceedings as to That Asserted Patent; and Extend the Target Date; Issuance of a General Exclusion Order, a Limited Exclusion Order, and Cease and Desist Orders as to the Other Five Asserted Patents, 59838-59840 [2019-24193]
Download as PDF
<![CDATA[
59838
Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Notices
The conveyance of the land, will be
subject to the following terms,
conditions, and reservations:
1. Rights-of-way thereon for ditches
and canals constructed by the authority
of the United States Act of August 30,
1890 (26 Stat. 391; 43 U.S.C. 945).
2. Provisions of the R&PP Act and to
all applicable regulations of the
Secretary of the Interior.
3. All mineral deposits in the land so
patented, and the right to prospect for,
mine, and remove such deposits from
the same under applicable law and
regulations as established by the
Secretary of the Interior are reserved to
the United States, together with all
necessary access and exit rights.
4. Lease or conveyance of the parcel
is subject to valid existing rights.
5. An appropriate indemnification
clause protecting the United States from
claims arising out of the patentee’s use,
occupancy, or occupation on the leased/
patented lands.
6. Any other reservations that the
authorized officer determines
appropriate to ensure public access and
proper management of Federal lands
and interests therein.
7. A limited reversionary provision
stating that title shall revert to the
United States upon a finding, after
notice and opportunity for a hearing,
that, without the approval of the
Secretary of the Interior or his delegate,
the patentee or its approved successor
attempts to transfer title to or control
over the lands to another, the lands have
been devoted to a use other than that for
which the lands were conveyed, the
lands have not been used for the
purpose for which the lands were
conveyed for a 5-year period, or the
patentee has failed to follow the
approved development plan or
management plan. No portion of the
land shall, under any circumstance,
revert to the United States if any such
portion has been used for solid waste
disposal or for any other purpose which
may result in the disposal, placement,
or release of any hazardous substance.
Classification Comments: Interested
persons may submit comments
involving the suitability of the land for
development and use as a cemetery,
while maintaining, preserving, and
improving the cemetery. Comments on
the classification are restricted to
whether the land is physically suited for
the proposal, whether the use will
maximize the future use or uses of the
land, whether the use is consistent with
local planning and zoning, or if the use
is consistent with state and Federal
programs.
Application Comments: Interested
persons may submit comments
VerDate Sep<11>2014
17:43 Nov 05, 2019
Jkt 250001
regarding the specific use proposed in
the application and plan of
development and management, whether
the BLM followed proper administrative
procedures in reaching the decision, or
any other factor not directly relating to
the suitability of the lands for the use as
a cemetery, while maintaining,
preserving, and improving the cemetery.
Any adverse comments will be
reviewed by the BLM Nevada State
Director or other authorized official of
the Department of the Interior, who may
sustain, vacate, or modify this realty
action. In the absence of any adverse
comments, the classification will
become effective on January 6, 2020.
The lands will not be offered for
conveyance until after the classification
becomes effective.
Before including your address, phone
number, email address, or other
personal identifying information in any
comment, 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: 43 CFR 2741.5)
David Kampwerth,
Field Manager, Humboldt River Field Office.
[FR Doc. 2019–24221 Filed 11–5–19; 8:45 am]
BILLING CODE 4310–HC–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1121]
Certain Earpiece Devices and
Components Thereof; Commission
Determination To Vacate the Domestic
Industry Finding as to One Asserted
Patent; Remand the Investigation in
Part to the Presiding Administrative
Law Judge for Further Proceedings as
to That Asserted Patent; and Extend
the Target Date; Issuance of a General
Exclusion Order, a Limited Exclusion
Order, and Cease and Desist Orders as
to the Other Five Asserted Patents
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to vacate
the presiding administrative law judge’s
(‘‘ALJ’’) domestic industry finding with
respect to U.S. Patent No. 9,398,364
(‘‘the ’364 patent’’), remand the
SUMMARY:
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
investigation in part to the ALJ for
further proceedings with respect to that
patent consistent with its concurrently
issued opinion and remand order, and
extend the target date for completion of
the investigation. The Commission has
also determined to issue: (1) A general
exclusion order prohibiting the
unlicensed importation of certain
earpiece devices and components
thereof that infringe one or more of
claims 1 and 7 of U.S. Patent No.
9,036,852 (‘‘the ’852 patent’’); claims 1
and 8 of U.S. Patent No. 9,036,853 (‘‘the
’853 patent’’); claims 1 and 6 of U.S.
Patent No. 9,042,590 (‘‘the ’590 patent’’);
and claims 1, 7, and 8 of U.S. Patent No.
8,249,287 (‘‘the ’287 patent’’); (2) a
limited exclusion order prohibiting
respondent V4ink Inc. (‘‘V4ink’’) from
importing certain earpiece devices and
components thereof that infringe claim
1 of U.S. Patent No. 8,311,253 (‘‘the ’253
patent’’); and (3) cease and desist orders
against certain respondents that were
found in default or had not participated
in the above-captioned investigation.
The investigation is terminated with
respect to these five patents.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. 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 June 29, 2018, based on a complaint
filed on behalf of Bose Corporation
(‘‘Bose’’) of Framingham, Massachusetts.
83 FR 30,776 (Jun. 29, 2018). The
complaint alleges violations of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘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 earpiece devices and
E:\FR\FM\06NON1.SGM
06NON1
Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Notices
components thereof by reason of
infringement of one or more claims of
the ’852, ’853, ’590, ’253, ’287, and ’364
patents. The complaint further alleges
that an industry in the United States
exists as required by section 337.
The notice of investigation named
fourteen respondents: (1) 1MORE USA,
Inc. (‘‘1MORE’’) of San Diego,
California; (2) APSkins of Seattle,
Washington; (3) Beeebo Online Limited
(‘‘Beeebo’’) of North Las Vegas, Nevada;
(4) iHip of Edison, New Jersey; (5)
LMZT LLC of Brooklyn, New York; (6)
Misodiko of ShenZhen, GuangDong,
China; (7) Phaiser LLC (‘‘Phaiser’’) of
Houston, Texas; (8) Phonete of
Shenzhen, China; (9) REVJAMS of New
York, New York; (10) SMARTOMI
Products, Inc. of Ontario, California;
(11) Spigen, Inc. of Irvine, California;
(12) Sudio AB of Stockholm, Sweden;
(13) Sunvalley Tek International, Inc. of
Fremont, California; and (14) TomRich
of Shenzhen, China. The Office of
Unfair Import Investigations (‘‘OUII’’)
was also named as a party in this
investigation.
On October 4, 2018, Bose moved to
amend the notice of investigation and
for leave to file an amended complaint
in order, among other things, (i) to
correct the name of respondent iHip to
Zeikos, Inc.; and (ii) to correct the name
and address of respondent SMARTOMI
Products, Inc. to V4ink. On October 29,
2018, the ALJ granted the motion. See
Order No. 10 (Oct. 29, 2018), not rev’d
by Comm’n Notice (Nov. 23, 2018); 83
FR 61168 (Nov. 28, 2018); 83 FR 62900
(Dec. 6, 2018). Bose filed and served its
amended complaint on February 21,
2019.
During the course of the investigation,
Bose settled with the following
respondents: APSkins; Zeikos, Inc.;
LMZT LLC; Spigen, Inc.; Sudio AB; and
Sunvalley Tek International, Inc. See
Order Nos. 8 and 9 (Oct. 19, 2018), not
rev’d by Comm’n Notice (Nov. 9, 2018);
Order No. 11 (Oct. 29, 2018), not rev’d
by Comm’n Notice (Nov. 27, 2018);
Order No. 12 (Nov. 26, 2018), not rev’d
by Comm’n Notice (Dec. 19, 2018);
Order Nos. 14 and 15 (Feb. 21, 2019),
not rev’d by Comm’n Notice (Mar. 11,
2019). In addition, with the exception of
Spigen, Inc., consent orders were issued
against all of these respondents. Id.
Thus, the investigation has been
terminated with respect to these six
respondents.
Five other respondents have been
found in default pursuant to
Commission Rule 210.16, 19 CFR
210.16: Beeebo; Misodiko; Phaiser;
V4ink; and TomRich (collectively, ‘‘the
Defaulting Respondents’’). See Order
No. 7 (Sep. 20, 2018); Order No. 13 (Dec.
VerDate Sep<11>2014
17:43 Nov 05, 2019
Jkt 250001
11, 2018), not rev’d by Comm’n Notice
(Dec. 21, 2018).
On February 8, 2019, Bose moved for
summary determination of a violation of
section 337. Bose filed a corrected
motion on March 1, 2019. Thereafter,
Bose filed several replacement exhibits
and a supplemental index.
The remaining three respondents,
1MORE, Phonete, and REVJAMS
(collectively ‘‘the Non-Participating
Respondents’’), have not submitted any
response, appeared, or otherwise
participated in the investigation despite
being served with the complaint or
amended complaint, and the motion for
summary determination of violation.
The three Non-Participating
Respondents and the five Defaulting
Respondents were the subject of Bose’s
motion for summary determination of a
violation of section 337. On March 22,
2019, OUII filed a response supporting
Bose’s motion in substantial part and
supporting the requested remedy of a
general exclusion order.
On June 28, 2019, the ALJ issued the
subject ID and his Recommended
Determination (‘‘RD’’) on remedy and
bonding. The ID grants in part Bose’s
motion for summary determination of a
violation of section 337. Specifically,
the ALJ found, inter alia, that Bose
established that the importation
requirement is satisfied as to each
Defaulting Respondent and NonParticipating Respondent and each
accused product; that other than
infringement of claim 7 of the ’852
patent with respect to the Misodiko,
Phonete, and TomRich products, Bose
established infringement of claims 1 and
7 of the ’852 patent; claims 1 and 8 of
the ’853 patent; claims 1 and 6 of the
’590 patent; claim 1 of the ’253 patent;
claims 1, 7, and 8 of the ’287 patent; and
claims 1 and 11 of the ’364 patent; and
that Bose satisfied the domestic industry
requirement for each asserted patent. In
addition, the ALJ recommended that the
Commission issue a general exclusion
order, cease and desist orders, and
impose a 100 percent bond during the
period of Presidential review. No
petitions for review were filed.
On August 14, 2019, the Commission
determined to review the ID in part and
requested briefing on one issue it
determined to review, and on remedy,
the public interest, and bonding. 84 FR
43159–161 (Aug. 20, 2019). Specifically,
the Commission determined to review
and reverse the ID’s finding that Bose
has established infringement of claim 7
of the ’852 patent with respect to
Beeebo’s Dodocool Earhooks. The
Commission also determined to review
the ID’s finding that Bose has satisfied
the economic prong of the domestic
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
59839
industry requirement under
subparagraphs 337(a)(3)(A) and (B) with
respect to the ’364 patent. The
Commission further determined to
review and take no position on the ID’s
finding that Bose has satisfied the
economic prong of the domestic
industry requirement under
subparagraph 337(a)(3)(C) with respect
to the asserted patents. The Commission
determined not to review the remainder
of the ID. The Commission’s
determination resulted in finding a
violation of section 337 by reason of
infringement of claims 1 and 7 of the
’852 patent; claims 1 and 8 of the ’853
patent; claims 1 and 6 of the ’590 patent;
claim 1 of the ’253 patent; and claims
1, 7, and 8 of the ’287 patent; and the
satisfaction of the domestic industry
requirement under subparagraphs
337(a)(3)(A) and (B) with respect to
these patents.
On August 28, 2019, Bose and OUII
filed initial written submissions
regarding the issue on review, and on
remedy, the public interest, and
bonding. That same day, non-party
Anker Innovations Limited (‘‘Anker’’)
filed a written submission concerning
remedy. On September 5, 2019, Bose
filed a response to Anker’s submission.
Having examined the record of this
investigation, including the ID and the
submissions received, the Commission
has determined to vacate the ID’s
finding that Bose has demonstrated the
existence of a domestic industry under
subparagraphs 337(a)(3)(A) and (B) with
respect to the ’364 patent. Accordingly,
the Commission has determined to
remand the investigation in part to the
ALJ for further proceedings with respect
to the ’364 patent consistent with the
Commission’s concurrently issued
opinion and remand order. The target
date is extended to December 2, 2019.
Commissioner Schmidtlein does not
join the decision to remand the
investigation. Instead, she would affirm
on modified grounds the determination
that Bose demonstrated the existence of
a domestic industry under
subparagraphs 337(a)(3)(A) and (B) with
respect to the ’364 patent.
As for the remaining asserted patents,
the Commission has determined that the
appropriate form of relief in this
investigation is: (a) A general exclusion
order prohibiting the unlicensed
importation of certain earpiece devices
and components thereof that infringe
one or more of claims 1 and 7 of the
’852 patent; claims 1 and 8 of the ’853
patent; claims 1 and 6 of the ’590 patent;
and claims 1, 7, and 8 of the ’287 patent;
(b) a limited exclusion order prohibiting
respondent V4ink from importing
certain earpiece devices and
E:\FR\FM\06NON1.SGM
06NON1
59840
Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Notices
components thereof that infringe claim
1 of the ’253 patent; and (c) cease and
desist orders prohibiting respondents
1MORE, Beeebo, Phaiser, REVJAMS,
V4ink, Misodiko, Phonete, and
TomRich from further importing,
selling, and distributing infringing
products in the United States. The
Commission has also determined that
the public interest factors enumerated in
paragraphs 337(d)(1) and (f)(1) (19
U.S.C. 1337(d)(1), (f)(1)) do not preclude
the issuance of these remedial orders.
Finally, the Commission has determined
that the bond during the period of
Presidential review pursuant to 19
U.S.C. 1337(j) shall be in the amount of
one hundred (100) percent of the
entered value of the imported articles
that are subject to the exclusion orders.
The Commission’s orders were
delivered to the President and to the
United States Trade Representative on
the day of their issuance. The
investigation is hereby terminated with
respect to the ’852, ’853, ’590, ’287, and
’253 patents.
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: October 31, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–24193 Filed 11–5–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–610 and 731–
TA–1425–1426 (Final)]
Refillable Stainless Steel Kegs From
China and Germany; Supplemental
Schedule for the Final Phase of AntiDumping and Countervailing Duty
Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
DATES:
October 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Celia Feldpausch (202) 205–2387, Office
of Investigations, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on
(202) 205–1810. Persons with mobility
impairments who will need special
VerDate Sep<11>2014
17:43 Nov 05, 2019
Jkt 250001
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 (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov. Effective
June 4, 2019, the Commission
established a general schedule for the
conduct of the final phase of its
investigations on refillable stainless
steel kegs from China, Germany, and
Mexico,1 following preliminary
determinations by the U.S. Department
of Commerce (‘‘Commerce’’) that
imports of refillable stainless steel kegs
were being subsidized by the
government of China,2 and imports of
refillable stainless steel kegs from
China, Germany, and Mexico were being
sold at less than fair value (LTFV) in the
United States.3 Notice of the scheduling
of the final phase of the Commission’s
investigations and of a public hearing to
be held in connection therewith was
given by posting copies of the notice in
the Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register of June
17, 2019 (84 FR 28070). The hearing was
held in Washington, DC, on August 14,
2019, and all persons who requested the
opportunity were permitted to appear in
person or by counsel. On August 19,
2019, Commerce issued a final
affirmative determination with respect
to imports of refillable stainless steel
kegs from Mexico.4 The Commission
issued its final affirmative
determination regarding LTFV imports
from Mexico on October 3, 2019 (84 FR
54174, October 9, 2019).
On October 24, 2019, Commerce
issued its final affirmative
determination that imports of refillable
stainless steel kegs were being
subsidized by the government of China,5
and imports of refillable stainless steel
kegs from China and Germany were
being sold at LTFV in the United
States.6 Accordingly, the Commission
currently is issuing a supplemental
schedule for its antidumping and
countervailing duty investigations on
imports of refillable stainless steel kegs
from China and Germany.
1 84
FR 28070 (June 17, 2019).
FR 13634 (April 5, 2019).
3 84 25745 (June 4, 2019); 84 FR 25736 (June 4,
2019); and 84 FR 25738 (June 4, 2019).
4 84 FR 42894 (August 19, 2019).
5 84 FR 57005 (October 24, 2019).
6 84 FR 57010 (October 24, 2019) and 84 FR
57008 (October 24, 2019).
2 84
PO 00000
Frm 00077
Fmt 4703
Sfmt 9990
This supplemental schedule is as
follows: The deadline for filing
supplemental party comments on
Commerce’s final antidumping and
countervailing duty determinations is
November 8, 2019. Supplemental party
comments may address only
Commerce’s final antidumping and
countervailing duty determinations
regarding imports of refillable stainless
steel kegs from China and Germany.
These supplemental final comments
may not contain new factual
information and may not exceed five (5)
pages in length. The supplemental staff
report in the final phase of these
investigations regarding subject imports
from China and Germany will be placed
in the nonpublic record on November
18, 2019; and a public version will be
issued thereafter.
For further information concerning
these investigations see the
Commission’s notice cited above and
the Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: October 31, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–24179 Filed 11–5–19; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\06NON1.SGM
06NON1
]]>Agencies
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59838-59840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24193]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1121]
Certain Earpiece Devices and Components Thereof; Commission
Determination To Vacate the Domestic Industry Finding as to One
Asserted Patent; Remand the Investigation in Part to the Presiding
Administrative Law Judge for Further Proceedings as to That Asserted
Patent; and Extend the Target Date; Issuance of a General Exclusion
Order, a Limited Exclusion Order, and Cease and Desist Orders as to the
Other Five Asserted Patents
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to vacate the presiding administrative law
judge's (``ALJ'') domestic industry finding with respect to U.S. Patent
No. 9,398,364 (``the '364 patent''), remand the investigation in part
to the ALJ for further proceedings with respect to that patent
consistent with its concurrently issued opinion and remand order, and
extend the target date for completion of the investigation. The
Commission has also determined to issue: (1) A general exclusion order
prohibiting the unlicensed importation of certain earpiece devices and
components thereof that infringe one or more of claims 1 and 7 of U.S.
Patent No. 9,036,852 (``the '852 patent''); claims 1 and 8 of U.S.
Patent No. 9,036,853 (``the '853 patent''); claims 1 and 6 of U.S.
Patent No. 9,042,590 (``the '590 patent''); and claims 1, 7, and 8 of
U.S. Patent No. 8,249,287 (``the '287 patent''); (2) a limited
exclusion order prohibiting respondent V4ink Inc. (``V4ink'') from
importing certain earpiece devices and components thereof that infringe
claim 1 of U.S. Patent No. 8,311,253 (``the '253 patent''); and (3)
cease and desist orders against certain respondents that were found in
default or had not participated in the above-captioned investigation.
The investigation is terminated with respect to these five patents.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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 June 29, 2018, based on a complaint filed on behalf of Bose
Corporation (``Bose'') of Framingham, Massachusetts. 83 FR 30,776 (Jun.
29, 2018). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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
earpiece devices and
[[Page 59839]]
components thereof by reason of infringement of one or more claims of
the '852, '853, '590, '253, '287, and '364 patents. The complaint
further alleges that an industry in the United States exists as
required by section 337.
The notice of investigation named fourteen respondents: (1) 1MORE
USA, Inc. (``1MORE'') of San Diego, California; (2) APSkins of Seattle,
Washington; (3) Beeebo Online Limited (``Beeebo'') of North Las Vegas,
Nevada; (4) iHip of Edison, New Jersey; (5) LMZT LLC of Brooklyn, New
York; (6) Misodiko of ShenZhen, GuangDong, China; (7) Phaiser LLC
(``Phaiser'') of Houston, Texas; (8) Phonete of Shenzhen, China; (9)
REVJAMS of New York, New York; (10) SMARTOMI Products, Inc. of Ontario,
California; (11) Spigen, Inc. of Irvine, California; (12) Sudio AB of
Stockholm, Sweden; (13) Sunvalley Tek International, Inc. of Fremont,
California; and (14) TomRich of Shenzhen, China. The Office of Unfair
Import Investigations (``OUII'') was also named as a party in this
investigation.
On October 4, 2018, Bose moved to amend the notice of investigation
and for leave to file an amended complaint in order, among other
things, (i) to correct the name of respondent iHip to Zeikos, Inc.; and
(ii) to correct the name and address of respondent SMARTOMI Products,
Inc. to V4ink. On October 29, 2018, the ALJ granted the motion. See
Order No. 10 (Oct. 29, 2018), not rev'd by Comm'n Notice (Nov. 23,
2018); 83 FR 61168 (Nov. 28, 2018); 83 FR 62900 (Dec. 6, 2018). Bose
filed and served its amended complaint on February 21, 2019.
During the course of the investigation, Bose settled with the
following respondents: APSkins; Zeikos, Inc.; LMZT LLC; Spigen, Inc.;
Sudio AB; and Sunvalley Tek International, Inc. See Order Nos. 8 and 9
(Oct. 19, 2018), not rev'd by Comm'n Notice (Nov. 9, 2018); Order No.
11 (Oct. 29, 2018), not rev'd by Comm'n Notice (Nov. 27, 2018); Order
No. 12 (Nov. 26, 2018), not rev'd by Comm'n Notice (Dec. 19, 2018);
Order Nos. 14 and 15 (Feb. 21, 2019), not rev'd by Comm'n Notice (Mar.
11, 2019). In addition, with the exception of Spigen, Inc., consent
orders were issued against all of these respondents. Id. Thus, the
investigation has been terminated with respect to these six
respondents.
Five other respondents have been found in default pursuant to
Commission Rule 210.16, 19 CFR 210.16: Beeebo; Misodiko; Phaiser;
V4ink; and TomRich (collectively, ``the Defaulting Respondents''). See
Order No. 7 (Sep. 20, 2018); Order No. 13 (Dec. 11, 2018), not rev'd by
Comm'n Notice (Dec. 21, 2018).
On February 8, 2019, Bose moved for summary determination of a
violation of section 337. Bose filed a corrected motion on March 1,
2019. Thereafter, Bose filed several replacement exhibits and a
supplemental index.
The remaining three respondents, 1MORE, Phonete, and REVJAMS
(collectively ``the Non-Participating Respondents''), have not
submitted any response, appeared, or otherwise participated in the
investigation despite being served with the complaint or amended
complaint, and the motion for summary determination of violation. The
three Non-Participating Respondents and the five Defaulting Respondents
were the subject of Bose's motion for summary determination of a
violation of section 337. On March 22, 2019, OUII filed a response
supporting Bose's motion in substantial part and supporting the
requested remedy of a general exclusion order.
On June 28, 2019, the ALJ issued the subject ID and his Recommended
Determination (``RD'') on remedy and bonding. The ID grants in part
Bose's motion for summary determination of a violation of section 337.
Specifically, the ALJ found, inter alia, that Bose established that the
importation requirement is satisfied as to each Defaulting Respondent
and Non-Participating Respondent and each accused product; that other
than infringement of claim 7 of the '852 patent with respect to the
Misodiko, Phonete, and TomRich products, Bose established infringement
of claims 1 and 7 of the '852 patent; claims 1 and 8 of the '853
patent; claims 1 and 6 of the '590 patent; claim 1 of the '253 patent;
claims 1, 7, and 8 of the '287 patent; and claims 1 and 11 of the '364
patent; and that Bose satisfied the domestic industry requirement for
each asserted patent. In addition, the ALJ recommended that the
Commission issue a general exclusion order, cease and desist orders,
and impose a 100 percent bond during the period of Presidential review.
No petitions for review were filed.
On August 14, 2019, the Commission determined to review the ID in
part and requested briefing on one issue it determined to review, and
on remedy, the public interest, and bonding. 84 FR 43159-161 (Aug. 20,
2019). Specifically, the Commission determined to review and reverse
the ID's finding that Bose has established infringement of claim 7 of
the '852 patent with respect to Beeebo's Dodocool Earhooks. The
Commission also determined to review the ID's finding that Bose has
satisfied the economic prong of the domestic industry requirement under
subparagraphs 337(a)(3)(A) and (B) with respect to the '364 patent. The
Commission further determined to review and take no position on the
ID's finding that Bose has satisfied the economic prong of the domestic
industry requirement under subparagraph 337(a)(3)(C) with respect to
the asserted patents. The Commission determined not to review the
remainder of the ID. The Commission's determination resulted in finding
a violation of section 337 by reason of infringement of claims 1 and 7
of the '852 patent; claims 1 and 8 of the '853 patent; claims 1 and 6
of the '590 patent; claim 1 of the '253 patent; and claims 1, 7, and 8
of the '287 patent; and the satisfaction of the domestic industry
requirement under subparagraphs 337(a)(3)(A) and (B) with respect to
these patents.
On August 28, 2019, Bose and OUII filed initial written submissions
regarding the issue on review, and on remedy, the public interest, and
bonding. That same day, non-party Anker Innovations Limited (``Anker'')
filed a written submission concerning remedy. On September 5, 2019,
Bose filed a response to Anker's submission.
Having examined the record of this investigation, including the ID
and the submissions received, the Commission has determined to vacate
the ID's finding that Bose has demonstrated the existence of a domestic
industry under subparagraphs 337(a)(3)(A) and (B) with respect to the
'364 patent. Accordingly, the Commission has determined to remand the
investigation in part to the ALJ for further proceedings with respect
to the '364 patent consistent with the Commission's concurrently issued
opinion and remand order. The target date is extended to December 2,
2019. Commissioner Schmidtlein does not join the decision to remand the
investigation. Instead, she would affirm on modified grounds the
determination that Bose demonstrated the existence of a domestic
industry under subparagraphs 337(a)(3)(A) and (B) with respect to the
'364 patent.
As for the remaining asserted patents, the Commission has
determined that the appropriate form of relief in this investigation
is: (a) A general exclusion order prohibiting the unlicensed
importation of certain earpiece devices and components thereof that
infringe one or more of claims 1 and 7 of the '852 patent; claims 1 and
8 of the '853 patent; claims 1 and 6 of the '590 patent; and claims 1,
7, and 8 of the '287 patent; (b) a limited exclusion order prohibiting
respondent V4ink from importing certain earpiece devices and
[[Page 59840]]
components thereof that infringe claim 1 of the '253 patent; and (c)
cease and desist orders prohibiting respondents 1MORE, Beeebo, Phaiser,
REVJAMS, V4ink, Misodiko, Phonete, and TomRich from further importing,
selling, and distributing infringing products in the United States. The
Commission has also determined that the public interest factors
enumerated in paragraphs 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1),
(f)(1)) do not preclude the issuance of these remedial orders. Finally,
the Commission has determined that the bond during the period of
Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the
amount of one hundred (100) percent of the entered value of the
imported articles that are subject to the exclusion orders. The
Commission's orders were delivered to the President and to the United
States Trade Representative on the day of their issuance. The
investigation is hereby terminated with respect to the '852, '853,
'590, '287, and '253 patents.
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: October 31, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-24193 Filed 11-5-19; 8:45 am]
BILLING CODE 7020-02-P
