Certain Smart Thermostats, Load Control Switches, and Components Thereof; Notice of Institution of Investigation, 49345-49346 [2021-18929]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices components of such RF transmission devices—in particular, enclosures, transceivers and processors’’; (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: Zebra Technologies Corporation, 3 Overlook Point, Lincolnshire, IL 60069. (b) The respondent is the following entities alleged to be in violation of section 337, and is the party upon which the complaint is to be served: OnAsset Intelligence, Inc., 8407 Sterling Street, Irving, TX 75063. (4) 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 is not participating as a party in this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondent 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 the 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: August 27, 2021. Katherine Hiner, Supervisory Attorney. [FR Doc. 2021–18931 Filed 9–1–21; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:33 Sep 01, 2021 Jkt 253001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1277] Certain Smart Thermostats, Load Control Switches, and Components Thereof; Notice of 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 July 28, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Causam Enterprises, Inc. of Raleigh, North Carolina. A supplement to the complaint was filed on August 16, 2021. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain smart thermostats, load control switches, and components thereof by reason of infringement of one or more claims of U.S. Patent No. 8,805,552 (‘‘the ’5,552 patent’’), U.S. Patent No. 9,678,522 (‘‘the ’8,522 patent’’), U.S. Patent No. 10,394,268 (‘‘the ’268 patent’’), and U.S. Patent No. 10,396,592 (‘‘the ’592 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: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 49345 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 amended complaint, the U.S. International Trade Commission, on August 26, 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 1–9, 16, 19–21, 23–28, and 30 of the ’5,552 patent, claims 1–8, 10, 13–17, 19– 23, and 25–29 of the ’8,522 patent, claims 1–11, 13–16, and 18–19 of the ’268 patent, and claims 1–2, 8–9, 11, 13–14, and 17 of the ’592 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 thermostats and load control switches with Demand Response functionality 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: Causam Enterprises, Inc., 8480 Honeycutt Road, Suite 200, Raleigh, NC 27615. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Alarm.com Holdings, Inc., 8281 Greensboro Drive, Suite 100, Tysons, VA 22102. Alarm.com Inc., 8281 Greensboro Drive, Suite 100, Tysons, VA 22102. Ecobee, Inc., 25 Dockside Drive, Suite 600, Toronto, ON M5A OB5, Canada. EnergyHub, Inc., 41 Flatbush Ave., Suite 400A, Brooklyn, NY 11217, Itron, Inc., 2111 N. Molter Road, Liberty Lake, WA 99019. Itron Distributed Energy Management, Inc., 2111 N. Molter Road, Liberty Lake, WA 99019. E:\FR\FM\02SEN1.SGM 02SEN1 49346 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices Resideo Smart Homes Technology (Tianjin), Building 21, Jinbin Development Area, No. 156 Nanhai Road, Teda, Tianjin 300457, China. Resideo Technologies, Inc., 901 E. 6th Street, Austin, TX 78702. Xylem Inc., 1 International Drive, Rye Brook, NY 10573. DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–688A] (4) 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 is not a party to this investigation. Responses to the amended 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 amended 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 amended complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: August 27, 2021. Katherine Hiner, Supervisory Attorney. lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 7020–02–P 17:33 Sep 01, 2021 Drug Enforcement Administration, Department of Justice. ACTION: Notice with request for comments. AGENCY: The Drug Enforcement Administration proposes to adjust the 2021 aggregate production quotas for several controlled substances in schedules I and II of the Controlled Substances Act and assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. SUMMARY: Interested persons may file written comments on this notice in accordance with 21 CFR 1303.13(c) and 1315.13(d). Electronic comments must be submitted, and written comments must be postmarked, on or before October 4, 2021. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period. Based on comments received in response to this notice, the Administrator may hold a public hearing on one or more issues raised. In the event the Administrator decides in her sole discretion to hold such a hearing, the Administrator will publish a notice of any such hearing in the Federal Register. After consideration of any comments or objections, or after a hearing, if one is held, the Administrator will publish in the Federal Register a final order establishing the 2021 adjusted aggregate production quotas for schedule I and II controlled substances, and an adjusted assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. DATES: To ensure proper handling of comments, please reference ‘‘Docket No. DEA–688A’’ on all correspondence, including any attachments. DEA encourages that all comments be submitted electronically through the Federal eRulemaking Portal which provides the ability to type short comments directly into the comment field on the web page or attach a file for ADDRESSES: [FR Doc. 2021–18929 Filed 9–1–21; 8:45 am] VerDate Sep<11>2014 Proposed Adjustments to the Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 lengthier comments. Please go to https:// www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission, you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on Regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. Paper comments that duplicate electronic submissions are not necessary and are discouraged. Should you wish to mail a paper comment in lieu of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Regulatory Drafting and Policy Support Section, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152, Telephone: (571) 776–2265. SUPPLEMENTARY INFORMATION: Posting of Public Comments Please note that all comments received in response to this docket are considered part of the public record. They will, unless reasonable cause is given, be made available by the Drug Enforcement Administration (DEA) for public inspection online at https:// www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. The Freedom of Information Act applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be made publicly available, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You must also place all the personal identifying information you do not want made publicly available in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49345-49346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18929]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1277]


Certain Smart Thermostats, Load Control Switches, and Components 
Thereof; Notice of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 28, 2021, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Causam Enterprises, 
Inc. of Raleigh, North Carolina. A supplement to the complaint was 
filed on August 16, 2021. The complaint alleges violations of section 
337 based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain smart thermostats, load control switches, and components 
thereof by reason of infringement of one or more claims of U.S. Patent 
No. 8,805,552 (``the '5,552 patent''), U.S. Patent No. 9,678,522 (``the 
'8,522 patent''), U.S. Patent No. 10,394,268 (``the '268 patent''), and 
U.S. Patent No. 10,396,592 (``the '592 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:
    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 amended complaint, 
the U.S. International Trade Commission, on August 26, 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 1-9, 16, 19-21, 23-28, and 30 of the '5,552 patent, claims 1-8, 
10, 13-17, 19-23, and 25-29 of the '8,522 patent, claims 1-11, 13-16, 
and 18-19 of the '268 patent, and claims 1-2, 8-9, 11, 13-14, and 17 of 
the '592 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 thermostats 
and load control switches with Demand Response functionality 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:

Causam Enterprises, Inc., 8480 Honeycutt Road, Suite 200, Raleigh, NC 
27615.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Alarm.com Holdings, Inc., 8281 Greensboro Drive, Suite 100, Tysons, VA 
22102.
Alarm.com Inc., 8281 Greensboro Drive, Suite 100, Tysons, VA 22102.
Ecobee, Inc., 25 Dockside Drive, Suite 600, Toronto, ON M5A OB5, 
Canada.
EnergyHub, Inc., 41 Flatbush Ave., Suite 400A, Brooklyn, NY 11217,
Itron, Inc., 2111 N. Molter Road, Liberty Lake, WA 99019.
Itron Distributed Energy Management, Inc., 2111 N. Molter Road, Liberty 
Lake, WA 99019.

[[Page 49346]]

Resideo Smart Homes Technology (Tianjin), Building 21, Jinbin 
Development Area, No. 156 Nanhai Road, Teda, Tianjin 300457, China.
Resideo Technologies, Inc., 901 E. 6th Street, Austin, TX 78702.
Xylem Inc., 1 International Drive, Rye Brook, NY 10573.

    (4) 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 is not a party to this 
investigation.
    Responses to the amended 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 amended 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 amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may result in the 
issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.

    Issued: August 27, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18929 Filed 9-1-21; 8:45 am]
BILLING CODE 7020-02-P