Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, and Components Thereof; Institution of Investigation, 17402-17403 [2021-06846]

Download as PDF 17402 Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices Issued: March 29, 2021. Lisa Barton, Secretary to the Commission. INTERNATIONAL TRADE COMMISSION [FR Doc. 2021–06756 Filed 4–1–21; 8:45 am] [Investigation Nos. 731–TA–1014 and 1016 (Third Review)] INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1258] BILLING CODE 7020–02–P Polyvinyl Alcohol From China and Japan; Determinations INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1092 (Second Review)] Diamond Sawblades and Parts Thereof From China Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty order on diamond sawblades and parts thereof from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted this review on August 3, 2020 (85 FR 46719) and determined on November 6, 2020 that it would conduct an expedited review (86 FR 10597, February 22, 2021). The Commission made this determination pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determination in this review on March 30, 2021. The views of the Commission are contained in USITC Publication 5176 (March 2021), entitled Diamond Sawblades and Parts Thereof from China: Investigation No. 731–TA–1092 (Second Review). By order of the Commission. Issued: March 30, 2021. Lisa Barton, Secretary to the Commission. On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty orders on polyvinyl alcohol from China and Japan would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted these reviews on April 1, 2020 (85 FR 18271) and determined on July 6, 2020 that it would conduct full reviews (85 FR 42005, July 13, 2020). Notice of the scheduling of the Commission’s reviews 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 on September 22, 2020 (85 FR 59545). Subsequently, the Commission cancelled its previously scheduled hearing following a request on behalf of domestic producers (86 FR 8034, February 3, 2021). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on March 29, 2021. The views of the Commission are contained in USITC Publication 5173 (March 2021), entitled Polyvinyl Alcohol from China and Japan: Investigation Nos. 731–TA–1014 and 1016 (Third Review). By order of the Commission. Issued: March 29, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–06852 Filed 4–1–21; 8:45 am] BILLING CODE 7020–02–P [FR Doc. 2021–06781 Filed 4–1–21; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 7020–02–P 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 23:04 Apr 01, 2021 Jkt 253001 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, and Components Thereof; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 26, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of EcoFactor, Inc. of Palo Alto, California. A supplement was filed on March 18, 2021. The complaint, as supplemented, 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 smart thermostat systems, smart HVAC systems, smart HVAC control systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,423,322 (‘‘the ’322 patent’’); U.S. Patent No. 8,019,567 (‘‘the ’567 patent’’); U.S. Patent No. 10,612,983 (‘‘the ’983 patent’’); U.S. Patent No. 8,596,550 (‘‘the ’550 patent’’) and U.S. Patent No. 8,886,488 (‘‘the ’488 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, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\02APN1.SGM 02APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices 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 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 30, 2021, 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 1, 2, 5, and 7 of the ’322 patent; claims 1, 2, 5, 7, 15, 16, 19, and 20 of the ’567 patent; claims 1–3, and 16–18 of the ’983 patent; claims 1, 5–7, 9, 13–15, and 17 of the ’550 patent and claims 1, 2, 5, 7–10, and 13–15 of the ’488 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 ‘‘smart thermostat systems, smart HVAC systems, smart HVAC control systems, and components thereof’’; (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: EcoFactor, Inc., 441 California Avenue, Number 2, Palo Alto, CA 94301. (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: ecobee Ltd., 25 Dockside Dr., Suite 600, Toronto, ON M5A 0B5, Canada ecobee, Inc., 25 Dockside Dr., Suite 600, Toronto, ON M5A 0B5, Canada Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043 Carrier Global Corporation, 13995 Pasteur Boulevard, Palm Beach Gardens, Florida 33418 Emerson Electric Co., 8000 W Florissant Ave., P.O. Box 4100, St. Louis, Missouri 63136 Honeywell International Inc., 300 South Tryon Street, Charlotte, NC 28202 VerDate Sep<11>2014 23:04 Apr 01, 2021 Jkt 253001 Resideo Technologies, Inc., 901 E 6th Street, Austin, Texas 78702 Johnson Controls International, PLC, One Albert Quay, Cork, Ireland, T12 X8N6 Siemens Industry, Inc., 1000 Deerfield Pkwy., Buffalo Grove, IL 60089 Siemens AG, Werner-von-Siemens-Str. 1, 80333 Munich, Germany (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant 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 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: March 30, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–06846 Filed 4–1–21; 8:45 am] BILLING CODE 7020–02–P PO 00000 17403 DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. 20–34] Brenton D. Goodman, M.D.; Decision and Order On August 19, 2020, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (hereinafter, DEA or Government), issued an Order to Show Cause (hereinafter, OSC) to Brenton D. Goodman, M.D. (hereinafter, Respondent) of Lafayette, Indiana. OSC, at 1. The OSC proposed the revocation of Respondent’s Certificate of Registration No. FG7707409. It alleged that Respondent is without ‘‘authority to handle controlled substances in the State of Indiana, the state in which [Respondent is] registered with the DEA.’’ OSC, at 2 (citing 21 U.S.C. 824(a)(3)). Specifically, the OSC alleged that Respondent’s Indiana medical license and Indiana controlled substances registration had both expired, leaving Respondent without authority to handle controlled substances in the State of Indiana. Id. The OSC notified Respondent of the right to request a hearing on the allegations or to submit a written statement, while waiving the right to a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. (citing 21 CFR 1301.43). The OSC also notified Respondent of the opportunity to submit a corrective action plan. OSC, at 3 (citing 21 U.S.C. 824(c)(2)(C)). By letter dated September 22, 2020, Respondent timely requested a hearing.1 Hearing Request, at 1. According to the Hearing Request, Respondent denied that his Indiana medical license was expired and claimed that his Indiana controlled substance registration was in the administrative process of being renewed. Id. He further requested that the hearing be delayed ‘‘to afford Registrant a reasonable opportunity to be heard before the Indiana Board of Pharmacy’’ regarding the renewal of his Indiana controlled substance registration. Id. The Office of Administrative Law Judges put the matter on the docket and assigned it to Chief Administrative Law Judge John J. Mulrooney (hereinafter, the Chief ALJ). The Chief ALJ issued a Briefing Order, dated September 23, 1 The Hearing Request was filed on September 22, 2020. Order for Supplemental Briefing, at 1. I find that the Government’s service of the OSC was adequate and that the Hearing Request was timely filed on September 22, 2020. Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17402-17403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06846]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1258]


Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC 
Control Systems, and Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 26, 2021, under section 
337 of the Tariff Act of 1930, as amended, on behalf of EcoFactor, Inc. 
of Palo Alto, California. A supplement was filed on March 18, 2021. The 
complaint, as supplemented, 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 
smart thermostat systems, smart HVAC systems, smart HVAC control 
systems, and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 8,423,322 (``the '322 patent''); U.S. Patent 
No. 8,019,567 (``the '567 patent''); U.S. Patent No. 10,612,983 (``the 
'983 patent''); U.S. Patent No. 8,596,550 (``the '550 patent'') and 
U.S. Patent No. 8,886,488 (``the '488 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, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 

[[Page 17403]]

    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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 30, 2021, 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 1, 2, 5, and 7 of the '322 patent; claims 1, 2, 5, 7, 15, 16, 
19, and 20 of the '567 patent; claims 1-3, and 16-18 of the '983 
patent; claims 1, 5-7, 9, 13-15, and 17 of the '550 patent and claims 
1, 2, 5, 7-10, and 13-15 of the '488 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 ``smart thermostat 
systems, smart HVAC systems, smart HVAC control systems, and components 
thereof'';
    (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: EcoFactor, Inc., 441 California Avenue, 
Number 2, Palo Alto, CA 94301.
    (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:

ecobee Ltd., 25 Dockside Dr., Suite 600, Toronto, ON M5A 0B5, Canada
ecobee, Inc., 25 Dockside Dr., Suite 600, Toronto, ON M5A 0B5, Canada
Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043
Carrier Global Corporation, 13995 Pasteur Boulevard, Palm Beach 
Gardens, Florida 33418
Emerson Electric Co., 8000 W Florissant Ave., P.O. Box 4100, St. Louis, 
Missouri 63136
Honeywell International Inc., 300 South Tryon Street, Charlotte, NC 
28202
Resideo Technologies, Inc., 901 E 6th Street, Austin, Texas 78702
Johnson Controls International, PLC, One Albert Quay, Cork, Ireland, 
T12 X8N6
Siemens Industry, Inc., 1000 Deerfield Pkwy., Buffalo Grove, IL 60089
Siemens AG, Werner-von-Siemens-Str. 1, 80333 Munich, Germany

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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 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: March 30, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-06846 Filed 4-1-21; 8:45 am]
BILLING CODE 7020-02-P