Certain Light-Emitting Diode Products, Fixtures, and Components Thereof Notice of a Commission Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation, 72623-72624 [2021-27702]
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Notices
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: December 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–27701 Filed 12–21–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1213]
Certain Light-Emitting Diode Products,
Fixtures, and Components Thereof
Notice of a Commission Determination
Finding a Violation of Section 337;
Issuance of Limited Exclusion Order
and Cease and Desist Order;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘the Commission’’) has
determined to affirm a final initial
determination (‘‘ID’’) of the presiding
administrative law judge (‘‘ALJ’’)
finding a violation of section 337 by the
accused products of respondent RAB
Lighting Inc. (‘‘RAB’’) of Northvale, New
Jersey. The Commission has issued a
limited exclusion order (‘‘LEO’’)
directed against infringing light-emitting
diode products, fixtures, and
components thereof of RAB and a cease
and desist order (‘‘CDO’’) directed
against RAB. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2310. 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
Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on August 17, 2020, based on a
complaint filed on behalf of Ideal
Industries Lighting LLC d/b/a Cree
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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17:55 Dec 21, 2021
Jkt 256001
Lighting (‘‘Cree’’) of Durham, North
Carolina. 85 FR 50047–48 (Aug. 17,
2020). The complaint, as supplemented,
alleges violations of the Tariff Act of
1930, as amended, 19 U.S.C. 1337
(‘‘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 light-emitting diode products,
fixtures, and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 8,403,531 (‘‘the ’531
patent’’); 8,596,819 (‘‘the ’819 patent’’);
8,777,449 (‘‘the ’449 patent’’); 9,261,270
(‘‘the ’270 patent’’); and 9,476,570 (‘‘the
’570 patent’’). The complaint further
alleges the existence of a domestic
industry. The Commission’s notice of
investigation (‘‘NOI’’) named RAB as the
sole respondent. The Office of Unfair
Import Investigations is not
participating in the investigation. The
Commission previously terminated the
following claims from the investigation:
(1) Claims 1–9 and 11–14 of the ’449
patent; (2) claims 3–12 of the ’270
patent; claims 17, 21, and 24 of the ’531
patent; and (3) claims 2, 6–9, and 11–
24 of the ’570 patent. See Order No. 13
(Jan. 8, 2021), unreviewed by Comm’n
Notice (Jan. 26, 2021); Order No. 25
(May 5, 2021), unreviewed by Comm’n
Notice (May 21, 2021). The Commission
also amended the complaint and NOI to
add asserted claim 11 of the ‘531 patent.
See Order No. 13 (Jan. 8, 2021),
unreviewed by Comm’n Notice (Jan. 26,
2021).
On August 17, 2021, the ALJ issued
the final ID finding a violation of section
337 based on infringement of the
asserted claims of the ’270 and ’570
patents. The ID finds no violation of
section 337 with respect to the ’531 and
’819 patents on the basis of patentineligible subject matter, lack of
enablement, and lack of written
description. The ID also finds no
violation with respect to the ’449 patent
based on findings that the accused
products do not infringe asserted claim
10; the asserted claims are invalid for
lack of enablement; and the domestic
industry products do not practice one or
more claims. The ALJ recommended,
should the Commission find a violation,
issuing a limited exclusion order
directed to RAB’s infringing products
and a cease and desist order directed to
RAB and requiring a bond in the
amount of five (5) percent for
importation of infringing articles during
the period of Presidential review.
On October 25, 2021, the Commission
determined to review the final ID in
part. Specifically, the Commission
determined to review the ID’s finding
that: (1) The asserted claims of the ’531
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
72623
patent and ’819 patent are invalid due
to patent-ineligible subject matter, lack
of enablement, and lack of written
description and (2) the ’819 patent is
prior art to claims 1, 10–12, and 26 of
the ’531 patent. The Commission
determined not to review the remainder
of the ID, including the ID’s finding of
a violation with respect to the ’270 and
’570 patents. 86 FR 60071–72 (Oct. 29,
2021). The Commission also requested
written submissions from the parties,
interested government agencies, and
other interested persons on the issues of
remedy, the public interest, and
bonding. Id.
On November 8 and 15, 2021, Cree
and RAB each filed a brief and a reply
brief, respectively, on remedy, the
public interest, and bonding. The
Commission received no other
submissions.
Having reviewed the record in this
investigation, including the final ID and
the parties’ briefing, the Commission
has determined, on review, to: (1)
Affirm the ID’s finding that the asserted
claims of the ’531 and ’819 patents are
patent ineligible; (2) take no position on
the ID’s finding that the asserted claims
of the ’531 and ’819 patents are invalid
due to lack of enablement and lack of
written description; and (3) take no
position on the ID’s finding that the ’819
patent is prior art to claims 1, 10–12,
and 26 of the ’531 patent. Accordingly,
the Commission affirms the ID’s finding
of no violation as to the ’531 and ’819
patents.
The Commission has adopted the
final ID’s finding of a violation of
section 337 as to the ’270 and ’570
patents. The Commission has
determined that the appropriate form of
relief is an LEO prohibiting the entry of
unlicensed light-emitting diode
products, fixtures, and components
thereof that infringe one or more of
claims 1–2 of the ’270 patent and claims
1, 3–5, and 10 of the ’570 patent, and
that are manufactured abroad by or on
behalf of, or imported by or on behalf
of RAB, or any of its affiliated
companies, parents, subsidiaries, or
other related business entities, or their
successors or assigns (collectively, ‘‘the
covered articles’’). Appropriate relief
also includes a CDO prohibiting RAB
from conducting any of the following
activities in the United States:
Importing, selling, marketing,
advertising, distributing, offering for
sale, transferring (except for
exportation), and soliciting U.S. agents
or distributors for light-emitting diode
products, fixtures, and components
thereof that infringe one or more of
claims 1–2 of the ’270 patent and claims
1, 3–5, and 10 of the ’570 patent.
E:\FR\FM\22DEN1.SGM
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Notices
The Commission has further
determined that the public interest
factors enumerated in sections 337(d)(1)
and 337(f)(1) (19 U.S.C. 1337(d)(1) and
1337(f)(1)) do not warrant denying
relief. Finally, the Commission has
determined that a bond in the amount
of five (5) percent of the entered value
of the covered articles is required during
the period of Presidential review (19
U.S.C. 1337(j)). The Commission’s order
was delivered to the President and to
the United States Trade Representative
on the day of its issuance.
The Commission issues its opinion
herewith setting forth its determinations
on the remedy issues. The investigation
is terminated.
The Commission vote for this
determination took place on December
16, 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: December 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–27702 Filed 12–21–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1206]
Certain Percussive Massage Devices;
Issuance of a General Exclusion Order
and a Cease and Desist Order;
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’’) and a
cease and desist order (‘‘CDO’’) directed
to respondent Kinghood International
Logistics Inc. (‘‘Kinghood’’) in the
above-captioned investigation. The
investigation is terminated in its
entirety.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Office of the General
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 may be viewed on the
Commission’s electronic docket (EDIS)
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:55 Dec 21, 2021
Jkt 256001
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 on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on July 22, 2020, based on a complaint
filed on behalf of Hyper Ice, Inc.
(‘‘Hyperice’’) of Irvine, California. 85 FR
44322 (July 22, 2020). The complaint, as
supplemented, alleged violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain percussive massage devices by
reason of infringement of U.S. Design
Patent Nos. D855,822 and D886,317
(collectively, ‘‘Asserted Design Patents’’)
and claims 1–9, 14, and 15 of U.S.
Patent No. 10,561,574 (‘‘the ’574
patent’’). The complaint further alleged
that a domestic industry exists. The
Commission’s notice of investigation
named the following nineteen
respondents: Laiwushiyu Xinuan
Trading Company of Shandong District,
China; Shenzhen Let Us Win-Win
Technology Co., Ltd. of Guangdong,
China; Shenzhen Qifeng Technology
Co., Ltd. of Guangdong, China;
Shenzhen QingYueTang E-commerce
Co., Ltd. of Guangdong, China; and
Shenzhen Shiluo Trading Co., Ltd. of
Guangdong, China (collectively, the
‘‘Unserved Respondents’’); Kinghood of
La Mirada, California; Manybo
Ecommerce Ltd. (‘‘Manybo’’) of Hong
Kong, China; Shenzhen Infein
Technology Co., Ltd. (‘‘Shenzhen
Infein’’) of Guangdong, China; Hong
Kong Yongxu Capital Management Co.,
Ltd. (‘‘Hong Kong Yongxu’’) of Hong
Kong, China; Kula eCommerce Co., Ltd.
(‘‘Kula’’) of Guangdong, China;
Performance Health Systems, LLC
(‘‘Performance Health’’) of Northbrook,
Illinois; Rechar, Inc. (‘‘Rechar’’) of
Strasburg, Colorado; Ning Chen of
Yancheng, Jiangsu China; Opove, Ltd.
(‘‘Opove’’) of Azusa, California;
Shenzhen Shufang E-Commerce Co.,
Ltd. (‘‘Shufang E-Commerce’’) of
Shenzhen, China; Fu Si (‘‘Shenzhen
Fusi Technology’’) of Guangdong,
China; 1 WODFitters of Lorton, Virginia;
1 Respondent Fu Si’s full name is Shenzhen Fusi
Technology Co., Ltd. See Response of Opove Ltd.,
Shenzhen Shufang E-Commerce Co., Ltd., and Fu Si
to the Complaint and Notice of Investigation at ¶ 40,
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Frm 00051
Fmt 4703
Sfmt 4703
Massimo Motor Sports, LLC
(‘‘Massimo’’) of Garland, Texas; and
Addaday LLC (‘‘Addaday’’) of Santa
Monica, California. The notice of
investigation also named the Office of
Unfair Import Investigations (‘‘OUII’’) as
a party.
On October 16, 2020, the Commission
determined not to review Order No. 11
granting motions to intervene by third
parties Shenzhen Xinde Technology
Co., Ltd. (‘‘Xinde’’) and Yongkang Aijiu
Industrial & Trade Co., Ltd. (‘‘Aijiu’’) in
the investigation. See Order No. 11
(Sept. 25, 2020), unreviewed by Comm’n
Notice (Oct. 16, 2020).
Respondents Addaday, WODFitters,
Massimo, Performance Health, Rechar,
Ning Chen, Opove, Shufang ECommerce, Xinde, Aijiu, and Shenzhen
Fusi Technology were terminated from
the investigation based upon settlement
agreements. See Order No. 10 (Sept. 16,
2020), unreviewed by Comm’n Notice
(Oct. 15, 2020); Order No. 12 (Nov. 4,
2020), unreviewed by Comm’n Notice
(Nov. 20, 2020); Order No. 30 (Apr. 8,
2021), unreviewed by Comm’n Notice
(Apr. 22, 2021).
The Unserved Respondents were
terminated from the investigation based
upon withdrawal of the Complaint. See
Order No. 36 at 2 (Aug. 3, 2021),
unreviewed by Comm’n Notice (Aug. 19,
2021).
Respondents Kinghood, Manybo,
Shenzhen Infein, Hong Kong Yongxu,
and Kula (collectively, ‘‘the Defaulting
Respondents’’) were found in default.
See Order No. 17 (Dec. 17. 2020),
unreviewed by Comm’n Notice (Jan. 5,
2021).
On May 6, 2021, OUII filed a motion
to terminate the Asserted Design Patents
from this investigation on the ground
that Hyperice did not have sufficient
rights to the design patents at the time
the investigation was instituted. On May
17, 2021, Hyperice filed its response in
opposition to OUII’s motion to
terminate, which included a crossmotion to amend the Complaint to
reflect proper inventorship.
On May 7, 2021, Hyperice filed a
motion for summary determination that
the Defaulting Respondents have
violated section 337 for infringing its
three asserted patents. On May 14, 2021,
Hyperice supplemented its motion with
additional declarations. On May 20,
2021, Hyperice again supplemented its
motion with claim charts and exhibits.
OUII filed a response in support of the
EDIS Doc ID 716966 (Aug. 11, 2020). The principal
place of business of Shenzhen Fusi Technology Co.,
Ltd. was changed to 14E, Building A, Guanghao
International Center, No. 441 Meilong Road, Minzhi
Street, Longhua District, Shenzhen, China, 518131
effective September 15, 2020. Id.
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72623-72624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27702]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1213]
Certain Light-Emitting Diode Products, Fixtures, and Components
Thereof Notice of a Commission Determination Finding a Violation of
Section 337; Issuance of Limited Exclusion Order and Cease and Desist
Order; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to affirm a final
initial determination (``ID'') of the presiding administrative law
judge (``ALJ'') finding a violation of section 337 by the accused
products of respondent RAB Lighting Inc. (``RAB'') of Northvale, New
Jersey. The Commission has issued a limited exclusion order (``LEO'')
directed against infringing light-emitting diode products, fixtures,
and components thereof of RAB and a cease and desist order (``CDO'')
directed against RAB. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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: The Commission instituted this investigation
on August 17, 2020, based on a complaint filed on behalf of Ideal
Industries Lighting LLC d/b/a Cree Lighting (``Cree'') of Durham, North
Carolina. 85 FR 50047-48 (Aug. 17, 2020). The complaint, as
supplemented, alleges violations of the Tariff Act of 1930, as amended,
19 U.S.C. 1337 (``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 light-emitting diode products,
fixtures, and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 8,403,531 (``the '531 patent''); 8,596,819
(``the '819 patent''); 8,777,449 (``the '449 patent''); 9,261,270
(``the '270 patent''); and 9,476,570 (``the '570 patent''). The
complaint further alleges the existence of a domestic industry. The
Commission's notice of investigation (``NOI'') named RAB as the sole
respondent. The Office of Unfair Import Investigations is not
participating in the investigation. The Commission previously
terminated the following claims from the investigation: (1) Claims 1-9
and 11-14 of the '449 patent; (2) claims 3-12 of the '270 patent;
claims 17, 21, and 24 of the '531 patent; and (3) claims 2, 6-9, and
11-24 of the '570 patent. See Order No. 13 (Jan. 8, 2021), unreviewed
by Comm'n Notice (Jan. 26, 2021); Order No. 25 (May 5, 2021),
unreviewed by Comm'n Notice (May 21, 2021). The Commission also amended
the complaint and NOI to add asserted claim 11 of the `531 patent. See
Order No. 13 (Jan. 8, 2021), unreviewed by Comm'n Notice (Jan. 26,
2021).
On August 17, 2021, the ALJ issued the final ID finding a violation
of section 337 based on infringement of the asserted claims of the '270
and '570 patents. The ID finds no violation of section 337 with respect
to the '531 and '819 patents on the basis of patent-ineligible subject
matter, lack of enablement, and lack of written description. The ID
also finds no violation with respect to the '449 patent based on
findings that the accused products do not infringe asserted claim 10;
the asserted claims are invalid for lack of enablement; and the
domestic industry products do not practice one or more claims. The ALJ
recommended, should the Commission find a violation, issuing a limited
exclusion order directed to RAB's infringing products and a cease and
desist order directed to RAB and requiring a bond in the amount of five
(5) percent for importation of infringing articles during the period of
Presidential review.
On October 25, 2021, the Commission determined to review the final
ID in part. Specifically, the Commission determined to review the ID's
finding that: (1) The asserted claims of the '531 patent and '819
patent are invalid due to patent-ineligible subject matter, lack of
enablement, and lack of written description and (2) the '819 patent is
prior art to claims 1, 10-12, and 26 of the '531 patent. The Commission
determined not to review the remainder of the ID, including the ID's
finding of a violation with respect to the '270 and '570 patents. 86 FR
60071-72 (Oct. 29, 2021). The Commission also requested written
submissions from the parties, interested government agencies, and other
interested persons on the issues of remedy, the public interest, and
bonding. Id.
On November 8 and 15, 2021, Cree and RAB each filed a brief and a
reply brief, respectively, on remedy, the public interest, and bonding.
The Commission received no other submissions.
Having reviewed the record in this investigation, including the
final ID and the parties' briefing, the Commission has determined, on
review, to: (1) Affirm the ID's finding that the asserted claims of the
'531 and '819 patents are patent ineligible; (2) take no position on
the ID's finding that the asserted claims of the '531 and '819 patents
are invalid due to lack of enablement and lack of written description;
and (3) take no position on the ID's finding that the '819 patent is
prior art to claims 1, 10-12, and 26 of the '531 patent. Accordingly,
the Commission affirms the ID's finding of no violation as to the '531
and '819 patents.
The Commission has adopted the final ID's finding of a violation of
section 337 as to the '270 and '570 patents. The Commission has
determined that the appropriate form of relief is an LEO prohibiting
the entry of unlicensed light-emitting diode products, fixtures, and
components thereof that infringe one or more of claims 1-2 of the '270
patent and claims 1, 3-5, and 10 of the '570 patent, and that are
manufactured abroad by or on behalf of, or imported by or on behalf of
RAB, or any of its affiliated companies, parents, subsidiaries, or
other related business entities, or their successors or assigns
(collectively, ``the covered articles''). Appropriate relief also
includes a CDO prohibiting RAB from conducting any of the following
activities in the United States: Importing, selling, marketing,
advertising, distributing, offering for sale, transferring (except for
exportation), and soliciting U.S. agents or distributors for light-
emitting diode products, fixtures, and components thereof that infringe
one or more of claims 1-2 of the '270 patent and claims 1, 3-5, and 10
of the '570 patent.
[[Page 72624]]
The Commission has further determined that the public interest
factors enumerated in sections 337(d)(1) and 337(f)(1) (19 U.S.C.
1337(d)(1) and 1337(f)(1)) do not warrant denying relief. Finally, the
Commission has determined that a bond in the amount of five (5) percent
of the entered value of the covered articles is required during the
period of Presidential review (19 U.S.C. 1337(j)). The Commission's
order was delivered to the President and to the United States Trade
Representative on the day of its issuance.
The Commission issues its opinion herewith setting forth its
determinations on the remedy issues. The investigation is terminated.
The Commission vote for this determination took place on December
16, 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: December 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27702 Filed 12-21-21; 8:45 am]
BILLING CODE 7020-02-P
