Certain Height-Adjustable Desk Platforms and Components Thereof Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 5036-5038 [2020-01370]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 5036 Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Notices under which the accused products are imported, and to supply the names of known importers of the products at issue in this investigation. Written submissions and proposed remedial orders must be filed no later than close of business on February 7, 2020. Reply submissions must be filed no later than the close of business on February 14, 2020 and must be limited to issues raised in the initial written submissions. No further submissions on any of these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit eight (8) true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–1132’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). 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 the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,1 solely for cybersecurity purposes. All non-confidential written submissions will be available for public 1 All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 17:02 Jan 27, 2020 Jkt 250001 inspection at the Office of the Secretary and on EDIS. 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: January 22, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–01375 Filed 1–27–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–502 and 731– TA–1227 (Review)] Steel Concrete Reinforcing Bar From Mexico and Turkey; Notice of Commission Determination To Conduct Full Five-Year Reviews United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order on steel concrete reinforcing bar from Mexico and the countervailing duty order on steel concrete reinforcing bar from Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. SUMMARY: DATES: January 6, 2020. FOR FURTHER INFORMATION CONTACT: Lawrence Jones ((202) 205–3358), 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 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 this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 Background.—On January 6, 2020, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)). The Commission found that both the domestic and respondent interested party group responses to its notice of institution (84 FR 52126, October 1, 2019) were adequate. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements are available from the Office of the Secretary and at the Commission’s website. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: January 23, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–01406 Filed 1–27–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1125] Certain Height-Adjustable Desk Platforms and Components Thereof Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order (‘‘GEO’’) prohibiting the unlicensed importation of platforms that sit on an existing desk or work surface and can be adjusted to different heights that infringe one or more of claims 1–2, 4, and 10–11 of U.S. Patent No. 9,113,703 (‘‘the ’703 patent’’); claims 11, 16, 18, and 22–26 of U.S. Patent No. 9,277,809 (‘‘the ’809 patent’’); claims 1, 4–5, 11–12, 26, and 33–36 of U.S. Patent No. 9,554,644 (‘‘the ’644 patent’’); and claims 20–21 and 40–50 of U.S. Patent No. 9,924,793 (‘‘the ’793 patent’’); and cease and desist orders (‘‘CDO’’) against certain respondents that had not participated in the abovecaptioned investigation. The investigation is terminated in its entirety. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General SUMMARY: E:\FR\FM\28JAN1.SGM 28JAN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Notices 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s Electronic Docket Information System (‘‘EDIS’’) (https://edis.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: On July 30, 2018, the Commission instituted this investigation based on a complaint and supplements thereto filed on behalf of Varidesk LLC (‘‘Varidesk’’) of Coppell, Texas. 83 FR 36621 (July 30, 2018). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain height-adjustable desk platforms and components thereof by reason of infringement of one or more claims of the ’703, the ’809, the ’644, and the ’793 patents. Id. The complaint further alleges that an industry in the United States exists as required by section 337. Id. The Commission’s notice of investigation named thirty-one respondents: (1) Albeit LLC of San Francisco, California (‘‘Albeit’’); (2) ATC Supply LLC of Plainfield, Illinois (‘‘ATC Supply’’); (3) Shenzhen Atc Network Scienology CO., LTD. of Guangdong, China (‘‘Shenzhen ATC’’); (4) Best Choice Products of Ontario, California (‘‘Best Choice’’); (5) Huizhou Chang He Home Supplies Co., Ltd. of Guangdong, China (‘‘Chang He’’); (6) Dakota Trading, Inc. of Emerson, New Jersey (‘‘Dakota’’); (7) Designa Inc. of Guangdong, China (‘‘Designa’’); (8) Designa Group, Inc. of El Dorado Hills, California (‘‘Designa Group’’); (9) Eureka LLC of El Dorado Hills, California (‘‘Eureka’’); (10) LaMountain International Group LLC of Elk Grove, California (‘‘LaMountain’’); (11) Amazon Import Inc. of El Monte, California (‘‘Amazon Imports’’); (12) Hangzhou Grandix Electronics Co., Ltd. of Zhejiang, China (‘‘Grandix’’); (13) VerDate Sep<11>2014 17:02 Jan 27, 2020 Jkt 250001 Ningbo GYL International Trading Co., Ltd. of Zhejiang, China (‘‘Ningbo GYL’’); (14) Knape & Vogt Manufacturing Co. of Grand Rapids, Michigan (‘‘Knape & Vogt’’); (15) JV Products Inc. of Milpitas, California (‘‘JV Products’’); (16) Vanson Distributing, Inc. of Milpitas, California (‘‘Vanson Distributing’’); (17) Vanson Group, Inc. of Milpitas, California (‘‘Vanson Group’’); (18) S.P. Richards Co. DBA Lorell of Smyrna, Georgia (‘‘Lorell’’); (19) Nantong Jon Ergonomic Office Co., Ltd. of Jiangsu, China (‘‘Nanotong Jon’’); (20) Jiangsu Omni Industrial Co., Ltd. of Jiangsu, China (‘‘Jiangsu Omni’’); (21) OmniMax USA, LLC of Anna, Texas (‘‘OmniMax USA’’); (22) Haining Orizeal Import and Export Co., Ltd. of Zhejiang, China (‘‘Haining Orizeal’’); (23) Qidong Vision Mounts Manufacturing Co., Ltd. of Jiangsu, China (‘‘Vision Mounts’’); (24) Hangzhou KeXiang Keji Youxiangongsi of Hangzhou, China (‘‘Hangzhou KeXiang’’); (25) Smugdesk, LLC of La Puente, California (‘‘Smugdesk’’); (26) Venditio Group, LLC of Elkton, Florida (‘‘Venditio’’); (27) Versa Products Inc. of Los Angeles, California (‘‘Versa’’); (28) Victor Technology, LLC of Bolingbrook, Illinois (‘‘Victor’’); (29) CKnapp Sales, Inc. DBA Vivo of Goodfield, Illinois (‘‘Vivo’’); (30) Wuhu Xingdian Industrial Co., Ltd. of Anhui, China (‘‘Wuhu Xingdian’’); and (31) Wuppessen, Inc. of Ontario, California (‘‘Wuppessen’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. Id. During the course of the investigation, Varidesk settled with the following respondents: Venditio, Jiangsu Omni, OmniMax USA, Knape & Vogt, Wuppessen, Victor, Versa, Designa, Designa Group, Eureka, Chang He, Vision Mounts, Vivo, Nanotong Jon, Best Choice, Grandix, Hangzhou KeXiang, Lorell, and Dakota. Order No. 7, unreviewed, Notice (Sept. 18, 2018); Order No. 11, unreviewed, Notice (Sept. 25, 2018); Order No. 12, unreviewed, Notice (Oct. 4, 2018); Order No. 13, unreviewed, Notice (Oct. 4, 2018); Order No. 16, unreviewed, Notice (Nov. 9, 2018); Order No. 18, unreviewed, Notice (Nov. 29, 2018); Order No. 20, unreviewed, Notice (Feb. 21, 2019); Order No. 23, unreviewed, Notice (Mar. 12, 2019); Order No. 25, unreviewed, Notice (Apr. 5, 2019); Order No. 31, unreviewed, Notice (May 16, 2019). In addition, the investigation terminated as to LaMountain based on a consent order stipulation. Order No. 15, unreviewed, Notice (Oct. 22, 2018). The investigation has also previously terminated as to certain claims of each asserted patent. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 5037 Order No. 30, unreviewed, Notice (May 13, 2019). On April 11, 2019, Varidesk moved for summary determination of a violation of section 337 as to the remaining eleven respondents, who were served with a copy of the complaint, but had not filed a response or participated in the investigation. On April 24, 2019, Varidesk filed a supplement to the motion. The remaining respondents (collectively, ‘‘the Non-Participating Respondents’’) are: (1) Albeit, (2) ATC Supply, (3) Shenzhen ATC, (4) Amazon Imports, (5) Ningbo GYL, (6) JV Products, (7) Vanson Distributing, (8) Vanson Group, (9) Haining Orizeal, (10) Smugdesk, and (11) Wuhu Xingdian. On April 26, 2019, OUII filed a response supporting Varidesk’s motion in substantial part. On September 13, 2019, the presiding administrative law judge (‘‘ALJ’’) issued an initial determination (‘‘ID’’) (Order No. 33), and a recommended determination (‘‘RD’’) on remedy and bonding. The ID granted the motion in part. Specifically, the ALJ found, inter alia, (1) that Varidesk established the importation requirement as to each NonParticipating Respondent, except for Haining Orizeal; (2) that Varidesk established infringement as to all accused products and all remaining asserted claims (claims 1–2, 4, and 10– 11 of the ’703 patent; claims 11, 16, 18, and 22–26 of the ’809 patent; claims 1, 4–5, 11–12, 26, and 33–36 of the ’644 patent; and claims 20–21 and 40–50 of the ’793 patent); and (3) that Varidesk satisfied the domestic industry requirement for each asserted patent. In addition, the ALJ recommended that the Commission issue a general exclusion order and impose a 100 percent bond during the period of Presidential review. The ALJ also recommended that the Commission not issue cease and desist orders directed to the Non-Participating Respondents. On October 29, 2019, the Commission determined not to review the ID. 84 FR 59417 (Nov. 4, 2019). The Commission’s determination resulted in finding a violation of section 337 as to Albeit, ATC Supply, Shenzhen ATC, Amazon Imports, Ningbo GYL, JV Products, Vanson Distributing, Vanson Group, Smugdesk, and Wuhu Xingdian, but not as to Haining Orizeal. See id. The Commission also requested written submissions on remedy, the public interest, and bonding. See id. On November 13, 2019, Varidesk and OUII submitted their briefs on remedy, the public interest, and bonding. Varidesk further filed a response brief on November 20, 2019. E:\FR\FM\28JAN1.SGM 28JAN1 5038 Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Notices The Commission has determined that the appropriate remedy in this investigation is: (1) A GEO prohibiting the unlicensed importation of platforms that sit on an existing desk or work surface and can be adjusted to different heights that infringe one or more of claims 1–2, 4, and 10–11 of the ’703 patent; claims 11, 16, 18, and 22–26 of the ’809 patent; claims 1, 4–5, 11–12, 26, and 33–36 of the ’644 patent; and claims 20–21 and 40–50 of the ’793 patent; and (2) CDOs prohibiting respondents Albeit, ATC Supply, Amazon Import, JV Products, Vanson Distributing, Vanson Group, and Smugdesk from further importing, selling, and distributing infringing products in the United States. (Chairman Johanson and Commissioner Stayin dissent with respect to the Commission’s determination to issue CDOs in this investigation.) 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) and (f)(1), do not preclude 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 100 percent of the entered value of the imported articles. The Commission’s order was delivered to the President and to the United States Trade Representative on the day of its issuance. The investigation is hereby terminated. 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: January 22, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–01370 Filed 1–27–20; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 7020–02–P VerDate Sep<11>2014 17:02 Jan 27, 2020 Jkt 250001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–971 (Remand)] Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same; Commission Determination Vacating the Final Determination Relating to United States Patent No. 5,904,172 and the Limited Exclusion Order Based Thereon; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to vacate the portion of its final determination relating to United States Patent No. 5,904,172 (‘‘the ’172 patent’’) and its limited exclusion order based thereon. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3115. 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: On December 26, 2017, the United States Court of Appeals for the Federal Circuit issued an order holding that the appeal in Sizewise Rentals LLC v. International Trade Commission, Appeal No. 2017– 2334, had become moot during the pendency of the appeal and remanded the investigation to the Commission to determine whether to vacate the underlying final determination relating to the sole patent at issue on appeal, the ’172 patent. The Federal Circuit appeal at issue stemmed from Investigation No. 337– TA–971, Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same. This investigation was SUMMARY: PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 instituted based on a complaint filed on October 16, 2015 by Complainants Select Comfort Corporation and Select Comfort SC Corporation (collectively, ‘‘Complainants’’) that alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by Sizewise Rentals LLC, American National Manufacturing Inc., and Dires LLC (d/b/a Personal Comfort Bed) (collectively, ‘‘Respondents’’), based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain air mattress systems, components thereof, and methods of using the same that infringe certain claims of the ’172 patent and United States Patent No. 7,389,554 (‘‘the ’554 patent’’). See 80 FR 72738 (Nov. 20, 2015). On November 18, 2016, the presiding Administrative Law Judge issued a final initial determination (‘‘ID’’) finding no violation of section 337 with respect to either patent. The Commission determined to review the ID in part, and on review, the Commission found a violation of section 337 with regard to the ’172 patent and issued a limited exclusion order prohibiting the unlicensed entry of infringing air mattress systems, components thereof, and methods of using the same. Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same, Inv. No. 337–TA–971, Comm’n Op. at 61–62 (May 17, 2018); 82 FR 8623 (Jan. 27, 2017); 82 FR 23593–5 (May 23, 2017). The Commission found no violation with regard to the ’554 patent. On July 19, 2017, Respondents filed an appeal to the Federal Circuit requesting review of the Commission’s final determination regarding the ’172 patent. Appeal No. 2017–2334. On October 18, 2017, the Commission filed a motion to dismiss the appeal as moot because the ’172 patent had expired on July 28, 2017. Respondents did not object to the dismissal but requested vacatur of the Commission’s final determination. Complainants also did not object to dismissal, but did object to vacatur. On December 26, 2017, the Federal Circuit issued its Order in which the Commission’s motion was ‘‘granted to the extent that the appeal is deemed moot and the case is remanded for the Commission to address whether to vacate its final determination relating to the ’172 patent.’’ Court Order at 3. On February 26, 2018, the Commission ordered the parties to submit comments on whether the Commission should vacate its final determination regarding the ’172 patent. Commission Order at 3. All relevant E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 5036-5038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01370]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1125]


Certain Height-Adjustable Desk Platforms and Components Thereof 
Issuance of a General Exclusion Order and Cease and Desist Orders; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue a general exclusion order (``GEO'') 
prohibiting the unlicensed importation of platforms that sit on an 
existing desk or work surface and can be adjusted to different heights 
that infringe one or more of claims 1-2, 4, and 10-11 of U.S. Patent 
No. 9,113,703 (``the '703 patent''); claims 11, 16, 18, and 22-26 of 
U.S. Patent No. 9,277,809 (``the '809 patent''); claims 1, 4-5, 11-12, 
26, and 33-36 of U.S. Patent No. 9,554,644 (``the '644 patent''); and 
claims 20-21 and 40-50 of U.S. Patent No. 9,924,793 (``the '793 
patent''); and cease and desist orders (``CDO'') against certain 
respondents that had not participated in the above-captioned 
investigation. The investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General

[[Page 5037]]

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 (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On July 30, 2018, the Commission instituted 
this investigation based on a complaint and supplements thereto filed 
on behalf of Varidesk LLC (``Varidesk'') of Coppell, Texas. 83 FR 36621 
(July 30, 2018). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain height-
adjustable desk platforms and components thereof by reason of 
infringement of one or more claims of the '703, the '809, the '644, and 
the '793 patents. Id. The complaint further alleges that an industry in 
the United States exists as required by section 337. Id.
    The Commission's notice of investigation named thirty-one 
respondents: (1) Albeit LLC of San Francisco, California (``Albeit''); 
(2) ATC Supply LLC of Plainfield, Illinois (``ATC Supply''); (3) 
Shenzhen Atc Network Scienology CO., LTD. of Guangdong, China 
(``Shenzhen ATC''); (4) Best Choice Products of Ontario, California 
(``Best Choice''); (5) Huizhou Chang He Home Supplies Co., Ltd. of 
Guangdong, China (``Chang He''); (6) Dakota Trading, Inc. of Emerson, 
New Jersey (``Dakota''); (7) Designa Inc. of Guangdong, China 
(``Designa''); (8) Designa Group, Inc. of El Dorado Hills, California 
(``Designa Group''); (9) Eureka LLC of El Dorado Hills, California 
(``Eureka''); (10) LaMountain International Group LLC of Elk Grove, 
California (``LaMountain''); (11) Amazon Import Inc. of El Monte, 
California (``Amazon Imports''); (12) Hangzhou Grandix Electronics Co., 
Ltd. of Zhejiang, China (``Grandix''); (13) Ningbo GYL International 
Trading Co., Ltd. of Zhejiang, China (``Ningbo GYL''); (14) Knape & 
Vogt Manufacturing Co. of Grand Rapids, Michigan (``Knape & Vogt''); 
(15) JV Products Inc. of Milpitas, California (``JV Products''); (16) 
Vanson Distributing, Inc. of Milpitas, California (``Vanson 
Distributing''); (17) Vanson Group, Inc. of Milpitas, California 
(``Vanson Group''); (18) S.P. Richards Co. DBA Lorell of Smyrna, 
Georgia (``Lorell''); (19) Nantong Jon Ergonomic Office Co., Ltd. of 
Jiangsu, China (``Nanotong Jon''); (20) Jiangsu Omni Industrial Co., 
Ltd. of Jiangsu, China (``Jiangsu Omni''); (21) OmniMax USA, LLC of 
Anna, Texas (``OmniMax USA''); (22) Haining Orizeal Import and Export 
Co., Ltd. of Zhejiang, China (``Haining Orizeal''); (23) Qidong Vision 
Mounts Manufacturing Co., Ltd. of Jiangsu, China (``Vision Mounts''); 
(24) Hangzhou KeXiang Keji Youxiangongsi of Hangzhou, China (``Hangzhou 
KeXiang''); (25) Smugdesk, LLC of La Puente, California (``Smugdesk''); 
(26) Venditio Group, LLC of Elkton, Florida (``Venditio''); (27) Versa 
Products Inc. of Los Angeles, California (``Versa''); (28) Victor 
Technology, LLC of Bolingbrook, Illinois (``Victor''); (29) CKnapp 
Sales, Inc. DBA Vivo of Goodfield, Illinois (``Vivo''); (30) Wuhu 
Xingdian Industrial Co., Ltd. of Anhui, China (``Wuhu Xingdian''); and 
(31) Wuppessen, Inc. of Ontario, California (``Wuppessen''). Id. The 
Office of Unfair Import Investigations (``OUII'') was also named as a 
party in this investigation. Id.
    During the course of the investigation, Varidesk settled with the 
following respondents: Venditio, Jiangsu Omni, OmniMax USA, Knape & 
Vogt, Wuppessen, Victor, Versa, Designa, Designa Group, Eureka, Chang 
He, Vision Mounts, Vivo, Nanotong Jon, Best Choice, Grandix, Hangzhou 
KeXiang, Lorell, and Dakota. Order No. 7, unreviewed, Notice (Sept. 18, 
2018); Order No. 11, unreviewed, Notice (Sept. 25, 2018); Order No. 12, 
unreviewed, Notice (Oct. 4, 2018); Order No. 13, unreviewed, Notice 
(Oct. 4, 2018); Order No. 16, unreviewed, Notice (Nov. 9, 2018); Order 
No. 18, unreviewed, Notice (Nov. 29, 2018); Order No. 20, unreviewed, 
Notice (Feb. 21, 2019); Order No. 23, unreviewed, Notice (Mar. 12, 
2019); Order No. 25, unreviewed, Notice (Apr. 5, 2019); Order No. 31, 
unreviewed, Notice (May 16, 2019). In addition, the investigation 
terminated as to LaMountain based on a consent order stipulation. Order 
No. 15, unreviewed, Notice (Oct. 22, 2018). The investigation has also 
previously terminated as to certain claims of each asserted patent. 
Order No. 30, unreviewed, Notice (May 13, 2019).
    On April 11, 2019, Varidesk moved for summary determination of a 
violation of section 337 as to the remaining eleven respondents, who 
were served with a copy of the complaint, but had not filed a response 
or participated in the investigation. On April 24, 2019, Varidesk filed 
a supplement to the motion. The remaining respondents (collectively, 
``the Non-Participating Respondents'') are: (1) Albeit, (2) ATC Supply, 
(3) Shenzhen ATC, (4) Amazon Imports, (5) Ningbo GYL, (6) JV Products, 
(7) Vanson Distributing, (8) Vanson Group, (9) Haining Orizeal, (10) 
Smugdesk, and (11) Wuhu Xingdian. On April 26, 2019, OUII filed a 
response supporting Varidesk's motion in substantial part.
    On September 13, 2019, the presiding administrative law judge 
(``ALJ'') issued an initial determination (``ID'') (Order No. 33), and 
a recommended determination (``RD'') on remedy and bonding. The ID 
granted the motion in part. Specifically, the ALJ found, inter alia, 
(1) that Varidesk established the importation requirement as to each 
Non-Participating Respondent, except for Haining Orizeal; (2) that 
Varidesk established infringement as to all accused products and all 
remaining asserted claims (claims 1-2, 4, and 10-11 of the '703 patent; 
claims 11, 16, 18, and 22-26 of the '809 patent; claims 1, 4-5, 11-12, 
26, and 33-36 of the '644 patent; and claims 20-21 and 40-50 of the 
'793 patent); and (3) that Varidesk satisfied the domestic industry 
requirement for each asserted patent. In addition, the ALJ recommended 
that the Commission issue a general exclusion order and impose a 100 
percent bond during the period of Presidential review. The ALJ also 
recommended that the Commission not issue cease and desist orders 
directed to the Non-Participating Respondents.
    On October 29, 2019, the Commission determined not to review the 
ID. 84 FR 59417 (Nov. 4, 2019). The Commission's determination resulted 
in finding a violation of section 337 as to Albeit, ATC Supply, 
Shenzhen ATC, Amazon Imports, Ningbo GYL, JV Products, Vanson 
Distributing, Vanson Group, Smugdesk, and Wuhu Xingdian, but not as to 
Haining Orizeal. See id. The Commission also requested written 
submissions on remedy, the public interest, and bonding. See id. On 
November 13, 2019, Varidesk and OUII submitted their briefs on remedy, 
the public interest, and bonding. Varidesk further filed a response 
brief on November 20, 2019.

[[Page 5038]]

    The Commission has determined that the appropriate remedy in this 
investigation is: (1) A GEO prohibiting the unlicensed importation of 
platforms that sit on an existing desk or work surface and can be 
adjusted to different heights that infringe one or more of claims 1-2, 
4, and 10-11 of the '703 patent; claims 11, 16, 18, and 22-26 of the 
'809 patent; claims 1, 4-5, 11-12, 26, and 33-36 of the '644 patent; 
and claims 20-21 and 40-50 of the '793 patent; and (2) CDOs prohibiting 
respondents Albeit, ATC Supply, Amazon Import, JV Products, Vanson 
Distributing, Vanson Group, and Smugdesk from further importing, 
selling, and distributing infringing products in the United States. 
(Chairman Johanson and Commissioner Stayin dissent with respect to the 
Commission's determination to issue CDOs in this investigation.) 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) and 
(f)(1), do not preclude 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 100 percent of the entered value of the imported articles. 
The Commission's order was delivered to the President and to the United 
States Trade Representative on the day of its issuance. The 
investigation is hereby terminated.
    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: January 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-01370 Filed 1-27-20; 8:45 am]
 BILLING CODE 7020-02-P

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