Certain Light-Emitting Diode Products, Systems, and Components Thereof (III); Commission Determination To Review In Part a Final Initial Determination Finding No Violation of Section 337 and, on Review, To Affirm the Final Initial Determination's Finding of No Violation; Termination of the Investigation, 63290-63291 [2020-22114]
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Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
Licenses, permits, cooperative
agreements, or discretionary land use
authorizations of a temporary nature
that will not significantly impact the
values to be protected by the
withdrawal may be allowed with the
approval of the authorized officer of the
BLM during the temporary segregation
period.
The application will be processed in
accordance with the regulations set
forth in 43 CFR part 2300.
Dated: October 1, 2020.
David L. Bernhardt,
Secretary of the Interior.
[FR Doc. 2020–22313 Filed 10–5–20; 4:15 pm]
BILLING CODE 4310–DN–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1168]
Certain Light-Emitting Diode Products,
Systems, and Components Thereof
(III); Commission Determination To
Review In Part a Final Initial
Determination Finding No Violation of
Section 337 and, on Review, To Affirm
the Final Initial Determination’s
Finding of No Violation; Termination of
the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that,
on June 26, 2020, the presiding
administrative law judge (‘‘ALJ’’) issued
a combined final initial determination
(‘‘ID’’) and recommended determination
(‘‘RD’’) on remedy and bonding. The
final ID finds no violation of section 337
in the above-captioned investigation.
The Commission has determined to
review the final ID in part and, on
review, has determined to affirm the
final ID’s finding of no violation. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
SUMMARY:
VerDate Sep<11>2014
17:21 Oct 06, 2020
Jkt 253001
Commission’s TDD terminal, telephone
(202) 205–1810.
On June
25, 2019, the Commission instituted
Investigation No. 337–TA–1163 (‘‘the
1163 investigation’’), based on a
complaint, as amended, filed by
Lighting Science Group Corporation and
Health Inc., both of Cocoa Beach,
Florida, and Global Value Lighting, LLC
of West Warwick, Rhode Island
(collectively, ‘‘LSG’’). 84 FR 29877 (June
25, 2019). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended (19 U.S.C.
1337) (‘‘section 337’’), based on the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain light-emitting diode products,
systems, and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 7,098,483 (‘‘the ’483
patent’’), 7,095,053 (‘‘the ’053 patent’’),
7,528,421 (‘‘the ’421 patent’’), 8,506,118,
and 8,674,608. Id. The complaint further
alleges that a domestic industry exists.
Id. The notice of investigation names
the following entities as respondents:
Nichia Corporation of Tokushima, Japan
and Nichia America Corporation of
Wixom, Michigan (together, ‘‘Nichia’’);
Cree, Inc. of Durham, North Carolina;
Cree Hong Kong, Limited of Shatin,
Hong Kong; Cree Huizhou Solid State
Lighting Co., Ltd. of Guangdong, China;
OSRAM GmbH and OSRAM Licht AG,
both of Munich, Germany; OSRAM
Opto Semiconductors GmbH of
Regensburg, Germany; OSRAM Opto
Semiconductors, Inc. of Sunnyvale,
California; Lumileds Holding B.V. of
Schipol, Netherlands and Lumileds,
LLC of San Jose, California (together,
‘‘Lumileds’’); Signify N.V. (f/k/a Philips
Lighting N.V.) of Eindhoven,
Netherlands; Signify North America
Corporation (f/k/a Philips Lighting
North America Corporation) of
Somerset, New Jersey; MLS Co., Ltd. of
Zhongshan City, China; LEDVANCE
GmbH of Garching, Germany;
LEDVANCE LLC of Wilmington,
Massachusetts; General Electric
Company of Boston, Massachusetts;
Consumer Lighting (U.S.), LLC (d/b/a
GE Lighting, LLC) of Cleveland, Ohio;
Current Lighting Solutions, LLC of
Cleveland, Ohio; Acuity Brands, Inc. of
Atlanta, Georgia; Acuity Brands
Lighting, Inc. of Conyers, Georgia;
Leedarson Lighting Co., Ltd. of Xiamen,
China; and Leedarson America, Inc. of
Smyrna, Georgia (collectively, the
‘‘Respondents’’). Id. at 29878. The Office
of Unfair Import Investigations is not a
party to this investigation. Id.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
On July 10, 2019, the ALJ severed
from the 1163 investigation the present
investigation, Investigation No. 337–
TA–1168, which concerns whether
there is a violation of section 337 based
on allegations of infringement of the
’483, ’053, and ’421 patents. Order No.
5 at 2 (July 10, 2019).
On January 20, 2020, the Commission
terminated this investigation as to claim
7 of the ’421 patent. Order No. 18 (Dec.
30, 2019), unreviewed by Comm’n
Notice (Jan. 29, 2020). On February 7,
2020, the Commission terminated this
investigation as to respondents MLS
Co., Ltd. and Ledvance GmbH. Order
No. 24 (Jan. 14, 2020), unreviewed by
Comm’n Notice (Feb. 7, 2020). On
February 26, 2020, the Commission
terminated this investigation as to: (1)
Claims 2 and 10 of the ’421 patent; (2)
claims 4, 16–20, 22, and 26–30 of the
’053 patent; and (3) as to Lumileds only,
claims 1–5 and 12 of the ’053 patent.
Order No. 26 (Jan. 29, 2020), unreviewed
by Comm’n Notice (Feb. 26, 2020).
On February 14, 2020, the ALJ issued
an initial determination granting in part
Respondents’ motion for summary
determination on non-infringement and
failure to meet the technical prong of
the domestic industry requirement.
Order No. 32 (Initial Determination)
(Feb. 14, 2020). The Commission
declined to review that determination
and subsequently terminated the
investigation as to: (1) All asserted
claims of the ’483 patent; and (2)
asserted claims 7 and 11–15 of the ’053
patent. See Comm’n Notice (Apr. 7,
2020). That determination is currently
on appeal. Appeal No. 20–1907 (Fed.
Cir.).
On June 26, 2020, the ALJ issued a
combined final ID and RD on remedy
and bonding. The final ID finds no
violation of Section 337. See Final ID.
On July 15, 2020, LSG filed a petition
for review of certain findings in the final
ID, and Respondents filed a contingentin-part petition for review. On July 28,
2020, the parties filed responses to each
other’s petitions.
On July 27, 2020, the Commission
received submissions on the public
interest pursuant to Commission Rule
210.50(a)(4) (19 CFR 210.50(a)(4)) from
the following Respondents: (1) Acuity
Brands, Inc. and Acuity Brands
Lighting, Inc.; and (2) General Electric
Co. and Consumer Lighting (U.S.), LLC
(d/b/a GE Lighting, LLC). On July 28,
2020, the Commission received a
submission on the public interest from
LSG. No submissions were filed in
response to the Commission’s Federal
Register notice. See 85 FR 40318–19
(July 6, 2020).
E:\FR\FM\07OCN1.SGM
07OCN1
Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
Having reviewed the record in this
investigation, including the ALJ’s orders
and final ID, as well as the parties’
petitions and responses thereto, the
Commission has determined to review
the final ID in part. Specifically, the
Commission has determined to review
the following issues: (1) Whether the
accused Nichia products and the alleged
domestic industry product satisfy the
limitation ‘‘and thermally coupled
through the metal base to the thermal
connection pad’’ of claim 1 of the ’053
patent; (2) whether the accused
products and the alleged domestic
industry products satisfy the additional
limitation ‘‘wherein the thermally
conducting base includes a metal base’’
of claim 6 of the ’421 patent; (3) whether
the asserted claims of the ’421 patent are
invalid as obvious; and (4) whether LSG
satisfied the economic prong of the
domestic industry requirement. On
review, the Commission has determined
to take no position on these issues.
Further on review, the Commission
has determined to correct two
typographical errors in the final ID: In
the fourth line of page 34, ‘‘does recite’’
is replaced with ‘‘does not recite’’; and
in the fifth line of page 40, ‘‘a thermal
via’’ is replaced with ‘‘thermal
coupling.’’
The Commission has determined not
to review the remaining findings in the
final ID, in particular that the asserted
claims of the ’053 and ’421 patents have
not been infringed, that the technical
prong of the domestic industry
requirement has not been satisfied with
respect to either the ’053 or ’421 patent,
and that the asserted claims of the ’421
patent have been shown invalid as
anticipated and for lacking written
description support.
Accordingly, the Commission has
determined to affirm the final ID’s
finding of no violation of section 337.
The investigation is terminated.
The Commission vote for these
determinations took place on October 1,
2020.
The authority for the Commission’s
determinations 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).
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
not able to serve parties that have not
retained counsel or otherwise provided
a point of contact for electronic service.
Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR
201.16(a), 210.7(a)(1)), the Commission
orders that the Complainant(s) complete
VerDate Sep<11>2014
17:21 Oct 06, 2020
Jkt 253001
service for any party/parties without a
method of electronic service noted on
the attached Certificate of Service and
shall file proof of service on the
Electronic Document Information
System (EDIS).
By order of the Commission.
Issued: October 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–22114 Filed 10–6–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Automated Storage and
Retrieval Systems, Robots, and
Components Thereof, DN 3498; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing
pursuant to the Commission’s Rules of
Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the
Commission may also be obtained by
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov. The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (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 has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of
AutoStore Technology AS, AutoStore
AS, and AutoStore System Inc. on
SUMMARY:
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
63291
October 1, 2020. The complaint alleges
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain automated storage and retrieval
systems, robots, and components
thereof. The complaint names as
respondents: Ocado Group Plc of the
United Kingdom; Ocado Central
Services Ltd. of the United Kingdom;
Ocado Innovation Ltd. of the United
Kingdom; Ocado Operating Ltd. of the
United Kingdom; Ocado Solutions. Ltd.
of the United Kingdom; Ocado
Solutions USA Inc. of Tysons Corner,
VA; Tharsus Group Ltd. of the United
Kingdom; and Printed Motor Works Ltd.
of the United Kingdom. The
complainant requests that the
Commission issue a limited exclusion
order, cease and desist orders, and
impose a bond upon respondents’
alleged infringing articles during the 60day Presidential review period pursuant
to 19 U.S.C. 1337(j).
Proposed respondents, other
interested parties, and members of the
public are invited to file comments on
any public interest issues raised by the
complaint or § 210.8(b) filing.
Comments should address whether
issuance of the relief specifically
requested by the complainant in this
investigation would affect the public
health and welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the requested
remedial orders would impact United
States consumers.
E:\FR\FM\07OCN1.SGM
07OCN1
]]>Agencies
[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63290-63291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22114]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1168]
Certain Light-Emitting Diode Products, Systems, and Components
Thereof (III); Commission Determination To Review In Part a Final
Initial Determination Finding No Violation of Section 337 and, on
Review, To Affirm the Final Initial Determination's Finding of No
Violation; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, on June 26, 2020, the presiding
administrative law judge (``ALJ'') issued a combined final initial
determination (``ID'') and recommended determination (``RD'') on remedy
and bonding. The final ID finds no violation of section 337 in the
above-captioned investigation. The Commission has determined to review
the final ID in part and, on review, has determined to affirm the final
ID's finding of no violation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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 June 25, 2019, the Commission instituted
Investigation No. 337-TA-1163 (``the 1163 investigation''), based on a
complaint, as amended, filed by Lighting Science Group Corporation and
Health Inc., both of Cocoa Beach, Florida, and Global Value Lighting,
LLC of West Warwick, Rhode Island (collectively, ``LSG''). 84 FR 29877
(June 25, 2019). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337) (``section 337''),
based on the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain light-emitting diode products, systems, and components thereof
by reason of infringement of certain claims of U.S. Patent Nos.
7,098,483 (``the '483 patent''), 7,095,053 (``the '053 patent''),
7,528,421 (``the '421 patent''), 8,506,118, and 8,674,608. Id. The
complaint further alleges that a domestic industry exists. Id. The
notice of investigation names the following entities as respondents:
Nichia Corporation of Tokushima, Japan and Nichia America Corporation
of Wixom, Michigan (together, ``Nichia''); Cree, Inc. of Durham, North
Carolina; Cree Hong Kong, Limited of Shatin, Hong Kong; Cree Huizhou
Solid State Lighting Co., Ltd. of Guangdong, China; OSRAM GmbH and
OSRAM Licht AG, both of Munich, Germany; OSRAM Opto Semiconductors GmbH
of Regensburg, Germany; OSRAM Opto Semiconductors, Inc. of Sunnyvale,
California; Lumileds Holding B.V. of Schipol, Netherlands and Lumileds,
LLC of San Jose, California (together, ``Lumileds''); Signify N.V. (f/
k/a Philips Lighting N.V.) of Eindhoven, Netherlands; Signify North
America Corporation (f/k/a Philips Lighting North America Corporation)
of Somerset, New Jersey; MLS Co., Ltd. of Zhongshan City, China;
LEDVANCE GmbH of Garching, Germany; LEDVANCE LLC of Wilmington,
Massachusetts; General Electric Company of Boston, Massachusetts;
Consumer Lighting (U.S.), LLC (d/b/a GE Lighting, LLC) of Cleveland,
Ohio; Current Lighting Solutions, LLC of Cleveland, Ohio; Acuity
Brands, Inc. of Atlanta, Georgia; Acuity Brands Lighting, Inc. of
Conyers, Georgia; Leedarson Lighting Co., Ltd. of Xiamen, China; and
Leedarson America, Inc. of Smyrna, Georgia (collectively, the
``Respondents''). Id. at 29878. The Office of Unfair Import
Investigations is not a party to this investigation. Id.
On July 10, 2019, the ALJ severed from the 1163 investigation the
present investigation, Investigation No. 337-TA-1168, which concerns
whether there is a violation of section 337 based on allegations of
infringement of the '483, '053, and '421 patents. Order No. 5 at 2
(July 10, 2019).
On January 20, 2020, the Commission terminated this investigation
as to claim 7 of the '421 patent. Order No. 18 (Dec. 30, 2019),
unreviewed by Comm'n Notice (Jan. 29, 2020). On February 7, 2020, the
Commission terminated this investigation as to respondents MLS Co.,
Ltd. and Ledvance GmbH. Order No. 24 (Jan. 14, 2020), unreviewed by
Comm'n Notice (Feb. 7, 2020). On February 26, 2020, the Commission
terminated this investigation as to: (1) Claims 2 and 10 of the '421
patent; (2) claims 4, 16-20, 22, and 26-30 of the '053 patent; and (3)
as to Lumileds only, claims 1-5 and 12 of the '053 patent. Order No. 26
(Jan. 29, 2020), unreviewed by Comm'n Notice (Feb. 26, 2020).
On February 14, 2020, the ALJ issued an initial determination
granting in part Respondents' motion for summary determination on non-
infringement and failure to meet the technical prong of the domestic
industry requirement. Order No. 32 (Initial Determination) (Feb. 14,
2020). The Commission declined to review that determination and
subsequently terminated the investigation as to: (1) All asserted
claims of the '483 patent; and (2) asserted claims 7 and 11-15 of the
'053 patent. See Comm'n Notice (Apr. 7, 2020). That determination is
currently on appeal. Appeal No. 20-1907 (Fed. Cir.).
On June 26, 2020, the ALJ issued a combined final ID and RD on
remedy and bonding. The final ID finds no violation of Section 337. See
Final ID.
On July 15, 2020, LSG filed a petition for review of certain
findings in the final ID, and Respondents filed a contingent-in-part
petition for review. On July 28, 2020, the parties filed responses to
each other's petitions.
On July 27, 2020, the Commission received submissions on the public
interest pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4))
from the following Respondents: (1) Acuity Brands, Inc. and Acuity
Brands Lighting, Inc.; and (2) General Electric Co. and Consumer
Lighting (U.S.), LLC (d/b/a GE Lighting, LLC). On July 28, 2020, the
Commission received a submission on the public interest from LSG. No
submissions were filed in response to the Commission's Federal Register
notice. See 85 FR 40318-19 (July 6, 2020).
[[Page 63291]]
Having reviewed the record in this investigation, including the
ALJ's orders and final ID, as well as the parties' petitions and
responses thereto, the Commission has determined to review the final ID
in part. Specifically, the Commission has determined to review the
following issues: (1) Whether the accused Nichia products and the
alleged domestic industry product satisfy the limitation ``and
thermally coupled through the metal base to the thermal connection
pad'' of claim 1 of the '053 patent; (2) whether the accused products
and the alleged domestic industry products satisfy the additional
limitation ``wherein the thermally conducting base includes a metal
base'' of claim 6 of the '421 patent; (3) whether the asserted claims
of the '421 patent are invalid as obvious; and (4) whether LSG
satisfied the economic prong of the domestic industry requirement. On
review, the Commission has determined to take no position on these
issues.
Further on review, the Commission has determined to correct two
typographical errors in the final ID: In the fourth line of page 34,
``does recite'' is replaced with ``does not recite''; and in the fifth
line of page 40, ``a thermal via'' is replaced with ``thermal
coupling.''
The Commission has determined not to review the remaining findings
in the final ID, in particular that the asserted claims of the '053 and
'421 patents have not been infringed, that the technical prong of the
domestic industry requirement has not been satisfied with respect to
either the '053 or '421 patent, and that the asserted claims of the
'421 patent have been shown invalid as anticipated and for lacking
written description support.
Accordingly, the Commission has determined to affirm the final ID's
finding of no violation of section 337. The investigation is
terminated.
The Commission vote for these determinations took place on October
1, 2020.
The authority for the Commission's determinations 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).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
By order of the Commission.
Issued: October 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-22114 Filed 10-6-20; 8:45 am]
BILLING CODE 7020-02-P
