Certain Road Milling Machines and Components Thereof; Issuance of a Modified Limited Exclusion Order and Two Modified Cease and Desist Orders; Termination of Remand Investigation, 62566-62567 [2021-24545]
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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Notices
reviews, 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, solely for
cybersecurity purposes. All contract
personnel will sign appropriate
nondisclosure agreements.
Authority: This investigation is being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
published pursuant to § 207.12 of the
Commission’s rules.
By order of the Commission.
Issued: November 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–24535 Filed 11–9–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1067 (Remand)]
Certain Road Milling Machines and
Components Thereof; Issuance of a
Modified Limited Exclusion Order and
Two Modified Cease and Desist
Orders; Termination of Remand
Investigation
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that,
following a remand from the U.S. Court
of Appeals for the Federal Circuit
(‘‘Federal Circuit’’), the U.S.
International Trade Commission has
determined to issue a modified limited
exclusion order (‘‘LEO’’) and modified
cease and desist orders (‘‘CDOs’’)
directed against respondents Caterpillar
Paving Products, Inc. and Caterpillar
Inc., respectively, and their affiliated
companies, parents, subsidiaries, or
other related business entities, or their
successors or assigns. The Commission
has terminated this investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., 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 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.
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SUMMARY:
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Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on August 25, 2017, based on a
complaint filed by Wirtgen America,
Inc. of Antioch, Tennessee (‘‘Wirtgen’’
or ‘‘Complainant’’). 82 FR 40595–96
(Aug. 25, 2017). The complaint alleges
a violation of section 337 by reason of
infringement of certain claims of U.S.
Patent Nos. 7,530,641 (‘‘the ’641
patent’’); 7,828,309 (‘‘the ’309 patent’’);
9,624,628 (‘‘the ’628 patent’’); 9,644,340
(‘‘the ’340 patent’’); and 9,656,530 (‘‘the
’530 patent’’). The notice of
investigation named as respondents
Caterpillar Prodotti Stradali S.r.L. of
Minerbio BO, Italy; Caterpillar Americas
CV of Geneva, Switzerland; Caterpillar
Paving Products, Inc. of Minneapolis,
Minnesota; and Caterpillar Inc., of
Peoria, Illinois (collectively,
‘‘Caterpillar,’’ or ‘‘Respondents’’) and
Caterpillar Bitelli SpA of Minerbio BO,
Italy. The Commission’s Office of Unfair
Import Investigations was named as a
party, but later withdrew from the
investigation. Commission Investigative
Staff’s Notice of Non-Participation (Oct.
31, 2017).
On April 27, 2018, the Commission
terminated the investigation as to the
’628 patent based on withdrawal of the
complaint allegations as to that patent.
See Order No. 30 (Mar. 27, 2018),
unreviewed by Notice (Apr. 27, 2018).
On January 18, 2018, the Commission
terminated respondent Caterpillar
Bitelli SpA based on the withdrawal of
the complaint as to that respondent. See
Order No. 11 (Dec. 19, 2017),
unreviewed by Notice (Jan. 18, 2018).
On October 1, 2018, the presiding
administrative law judge (‘‘ALJ’’) issued
a final initial determination (‘‘ID’’)
finding that a violation of section 337
occurred in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation, of certain road milling
machines and components thereof that
infringed the asserted claims of the ’309
and ’530 patents, but found no violation
with respect to the ’641 and ’340
patents. See ID, Cover.
On April 17, 2019, the Commission
determined to review in part the final
ID. See 84 FR 16882–84 (Apr. 23, 2019).
In particular, the Commission
determined to review the final ID’s
findings and analysis pertaining to the
obviousness determinations with regard
to claims 26, 35, and 36 of the ’309
patent and, on review, found those
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Fmt 4703
Sfmt 4703
claims invalid as obvious under 35
U.S.C. 103. Id. at 16883. The
Commission affirmed the final ID’s
finding that asserted claims 10 and 29
of the ’309 Patent are not invalid. Id. at
16883. The Commission determined not
to review any of the final ID’s finding
relating to the ’340, ’641, and ’530
patents. See id.
On July 18, 2019, the Commission
found a violation of section 337 as to the
’309 and ’530 patents and determined
that the appropriate form of relief in this
investigation is: (1) An LEO prohibiting
the unlicensed entry of infringing roadmilling machines and components
thereof covered by one or more of claim
29 of the ’309 patent or claims 2, 5, 16,
or 23 of the ’530 patent that are
manufactured abroad for or on behalf of,
or imported by or on behalf of, any of
the Respondents or any of their
affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns;
and (2) CDOs directed against
respondents Caterpillar Paving
Products, Inc. and Caterpillar Inc., and
their affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns.
See 84 FR 35690–91 (Jul. 24, 2019). The
Commission determined that the
remedial orders ‘‘should include an
exception for service and repair.’’
Comm’n Op. at 14, 23 (July 18, 2019).
Both Complainant and Respondents
timely appealed the Commission’s final
determination with the United States
Court of Appeals for the Federal Circuit.
On October 21, 2019, the Court
consolidated the two appeals. See
Caterpillar v. ITC (2019–1911, –2445),
Court Order at 2 (October 21, 2019).
On March 15, 2021, the Court issued
a non-precedential decision affirming
the Commission’s determination of a
Section 337 violation with respect to the
’530 and ’309 patents. Caterpillar
Prodotti Stradali S.R.L. v. International
Trade Commission, 2021 WL 960759
(Fed. Cir. 2021). The Court also reversed
and vacated the Commission’s finding,
adopted from the final ID, that Wirtgen
failed to prove the knowledge required
for inducement, and remanded as to the
’641 patent for further proceedings. Id.
at *5. The Court affirmed the
Commission’s finding, adopted from the
final ID, that Wirtgen had not shown use
in the United States of any imported
PM300 Series machine in a way that
would infringe the asserted claims of
the ’641 patent. Id. at *6. The Court’s
mandate issued on May 6, 2021,
returning jurisdiction to the
Commission.
Pursuant to the Court’s remand, the
Commission issued a Notice and Order
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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Notices
requesting written submissions from the
parties to address the specific further
proceedings to be conducted on remand.
Notice of a Commission Request for
Written Submissions Pursuant to a
Court Remand (June 7, 2021)
(‘‘Commission Notice’’). On June 17,
2021, Wirtgen and Caterpillar filed
opening submissions in response to the
Commission’s notice. On June 22, 2021,
Wirtgen and Caterpillar filed replies to
the opening submissions.
Having examined the record in this
investigation, including the parties’
submissions filed in response to the
Commission’s Notice and Order, and
consistent with the judgment of the
Court, the Commission has determined
to modify (1) the LEO issued in this
investigation to cover, in addition to its
existing scope, claims 11 or 17 of the
’641 patent; and (2) the CDOs issued
against Caterpillar, Inc. of Peoria, IL and
Caterpillar Paving Products, Inc. of
Minneapolis, MN to cover, in addition
to their existing scope, claims 11 or 17
of the ’641 patent.
The Commission has terminated this
investigation.
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: November 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–24545 Filed 11–9–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1234]
Certain Radio Frequency Identification
(‘‘RFID’’) Products, Components
Thereof, and Products Containing the
Same; Notice of a Commission
Determination Not To Review an Initial
Determination Terminating the
Investigation on the Basis of
Settlement; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
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AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 23) terminating the
investigation on the basis of settlement.
SUMMARY:
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16:41 Nov 09, 2021
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The investigation is terminated in its
entirety.
FOR FURTHER INFORMATION CONTACT:
Amanda P. Fisherow, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2737. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket
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 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: The
Commission instituted the present
investigation on December 29, 2020,
based on a complaint and supplement
thereto filed by Amtech Systems LLC of
Albuquerque, New Mexico
(‘‘Complainant’’). 85 FR 85660–61 (Dec.
29, 2020). The complaint, as
supplemented, alleged violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based upon
the importation, sale for importation,
and sale in the United States after
importation of certain RFID products,
components thereof, and products
containing the same that allegedly
infringe certain claims of U.S. Patent
No. 7,518,532; U.S. Patent No.
7,772,977; U.S. Patent No. 8,237,565;
U.S. Patent No. 7,548,153; U.S. Patent
No. 8,427,279; and U.S. Patent No.
10,083,329. Id. The complaint further
alleged that an industry in the United
States exists, or is in the process of
being established, as required by section
337. Id. The notice of investigation
named Kapsch TrafficCom AG of
Vienna, Austria; Kapsch TrafficCom
B.V. of Breda Noord-Brabant,
Netherlands; Kapsch TrafficCom
Canada, Inc. of Mississauga, Canada;
Kapsch TrafficCom Holding Corp. of
McLean, Virginia; Kapsch TrafficCom
Holding II US Corp. of McLean,
Virginia; Kapsch TrafficCom IVHS, Inc.
of McLean, Virginia; Kapsch TrafficCom
USA, Inc. of McLean, Virginia; Kapsch
TrafficCom Inc. of McLean, Virginia;
and Kapsch TrafficCom Services USA,
Inc of McLean, Virginia. Id. at 855661.
The Office of Unfair Import
Investigations was also named as a party
to this investigation. Id.
On September 30, 2021, the private
parties filed a joint unopposed motion
to terminate the investigation on the
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62567
basis of settlement. The parties
represented that ‘‘there are no other
agreements, written or oral, express or
implied, between them concerning the
subject matter of this proceeding.’’ Mot.
at 1.
On October 19, 2021, the presiding
administrative law judge issued Order
No. 23, granting the joint motion to
terminate the investigation on the basis
of settlement. The ID found that the
motion complies with the requirements
of Commission Rule 210.21 (19 CFR
210.21(a), (b)) and that there is no
evidence that indicates that termination
would adversely affect the public
interest. No party filed a petition for
review of the ID.
The Commission has determined not
to review this ID. Accordingly, the
investigation is terminated.
The Commission vote for this
determination took place on November
4, 2021.
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: November 5, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–24600 Filed 11–9–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1286]
Certain Oil-Vaping Cartridges,
Components Thereof, and Products
Containing the Same; 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
October 4, 2021, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Shenzhen Smoore Technology
Limited of China. Supplements were
filed on October 8, 2021, and October
21, 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 oil-vaping cartridges,
components thereof, and products
SUMMARY:
E:\FR\FM\10NON1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62566-62567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24545]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1067 (Remand)]
Certain Road Milling Machines and Components Thereof; Issuance of
a Modified Limited Exclusion Order and Two Modified Cease and Desist
Orders; Termination of Remand Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, following a remand from the U.S.
Court of Appeals for the Federal Circuit (``Federal Circuit''), the
U.S. International Trade Commission has determined to issue a modified
limited exclusion order (``LEO'') and modified cease and desist orders
(``CDOs'') directed against respondents Caterpillar Paving Products,
Inc. and Caterpillar Inc., respectively, and their affiliated
companies, parents, subsidiaries, or other related business entities,
or their successors or assigns. The Commission has terminated this
investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., 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 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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on August 25, 2017, based on a complaint filed by Wirtgen America, Inc.
of Antioch, Tennessee (``Wirtgen'' or ``Complainant''). 82 FR 40595-96
(Aug. 25, 2017). The complaint alleges a violation of section 337 by
reason of infringement of certain claims of U.S. Patent Nos. 7,530,641
(``the '641 patent''); 7,828,309 (``the '309 patent''); 9,624,628
(``the '628 patent''); 9,644,340 (``the '340 patent''); and 9,656,530
(``the '530 patent''). The notice of investigation named as respondents
Caterpillar Prodotti Stradali S.r.L. of Minerbio BO, Italy; Caterpillar
Americas CV of Geneva, Switzerland; Caterpillar Paving Products, Inc.
of Minneapolis, Minnesota; and Caterpillar Inc., of Peoria, Illinois
(collectively, ``Caterpillar,'' or ``Respondents'') and Caterpillar
Bitelli SpA of Minerbio BO, Italy. The Commission's Office of Unfair
Import Investigations was named as a party, but later withdrew from the
investigation. Commission Investigative Staff's Notice of Non-
Participation (Oct. 31, 2017).
On April 27, 2018, the Commission terminated the investigation as
to the '628 patent based on withdrawal of the complaint allegations as
to that patent. See Order No. 30 (Mar. 27, 2018), unreviewed by Notice
(Apr. 27, 2018). On January 18, 2018, the Commission terminated
respondent Caterpillar Bitelli SpA based on the withdrawal of the
complaint as to that respondent. See Order No. 11 (Dec. 19, 2017),
unreviewed by Notice (Jan. 18, 2018).
On October 1, 2018, the presiding administrative law judge
(``ALJ'') issued a final initial determination (``ID'') finding that a
violation of section 337 occurred in the importation into the United
States, the sale for importation, or the sale within the United States
after importation, of certain road milling machines and components
thereof that infringed the asserted claims of the '309 and '530
patents, but found no violation with respect to the '641 and '340
patents. See ID, Cover.
On April 17, 2019, the Commission determined to review in part the
final ID. See 84 FR 16882-84 (Apr. 23, 2019). In particular, the
Commission determined to review the final ID's findings and analysis
pertaining to the obviousness determinations with regard to claims 26,
35, and 36 of the '309 patent and, on review, found those claims
invalid as obvious under 35 U.S.C. 103. Id. at 16883. The Commission
affirmed the final ID's finding that asserted claims 10 and 29 of the
'309 Patent are not invalid. Id. at 16883. The Commission determined
not to review any of the final ID's finding relating to the '340, '641,
and '530 patents. See id.
On July 18, 2019, the Commission found a violation of section 337
as to the '309 and '530 patents and determined that the appropriate
form of relief in this investigation is: (1) An LEO prohibiting the
unlicensed entry of infringing road-milling machines and components
thereof covered by one or more of claim 29 of the '309 patent or claims
2, 5, 16, or 23 of the '530 patent that are manufactured abroad for or
on behalf of, or imported by or on behalf of, any of the Respondents or
any of their affiliated companies, parents, subsidiaries, or other
related business entities, or their successors or assigns; and (2) CDOs
directed against respondents Caterpillar Paving Products, Inc. and
Caterpillar Inc., and their affiliated companies, parents,
subsidiaries, or other related business entities, or their successors
or assigns. See 84 FR 35690-91 (Jul. 24, 2019). The Commission
determined that the remedial orders ``should include an exception for
service and repair.'' Comm'n Op. at 14, 23 (July 18, 2019).
Both Complainant and Respondents timely appealed the Commission's
final determination with the United States Court of Appeals for the
Federal Circuit. On October 21, 2019, the Court consolidated the two
appeals. See Caterpillar v. ITC (2019-1911, -2445), Court Order at 2
(October 21, 2019).
On March 15, 2021, the Court issued a non-precedential decision
affirming the Commission's determination of a Section 337 violation
with respect to the '530 and '309 patents. Caterpillar Prodotti
Stradali S.R.L. v. International Trade Commission, 2021 WL 960759 (Fed.
Cir. 2021). The Court also reversed and vacated the Commission's
finding, adopted from the final ID, that Wirtgen failed to prove the
knowledge required for inducement, and remanded as to the '641 patent
for further proceedings. Id. at *5. The Court affirmed the Commission's
finding, adopted from the final ID, that Wirtgen had not shown use in
the United States of any imported PM300 Series machine in a way that
would infringe the asserted claims of the '641 patent. Id. at *6. The
Court's mandate issued on May 6, 2021, returning jurisdiction to the
Commission.
Pursuant to the Court's remand, the Commission issued a Notice and
Order
[[Page 62567]]
requesting written submissions from the parties to address the specific
further proceedings to be conducted on remand. Notice of a Commission
Request for Written Submissions Pursuant to a Court Remand (June 7,
2021) (``Commission Notice''). On June 17, 2021, Wirtgen and
Caterpillar filed opening submissions in response to the Commission's
notice. On June 22, 2021, Wirtgen and Caterpillar filed replies to the
opening submissions.
Having examined the record in this investigation, including the
parties' submissions filed in response to the Commission's Notice and
Order, and consistent with the judgment of the Court, the Commission
has determined to modify (1) the LEO issued in this investigation to
cover, in addition to its existing scope, claims 11 or 17 of the '641
patent; and (2) the CDOs issued against Caterpillar, Inc. of Peoria, IL
and Caterpillar Paving Products, Inc. of Minneapolis, MN to cover, in
addition to their existing scope, claims 11 or 17 of the '641 patent.
The Commission has terminated this investigation.
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: November 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-24545 Filed 11-9-21; 8:45 am]
BILLING CODE 7020-02-P
