Notice of a Commission Determination To Issue Remedial Orders Against the Defaulting Respondents; Termination of the Investigation; Certain LED Landscape Lighting Devices and Components Thereof, 1785-1786 [2022-00374]
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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices
On
February 11, 2020, the Commission
instituted this investigation based on a
complaint filed by Sonos, Inc. (‘‘Sonos’’)
of Santa Barbara, California. 85 FR 7783
(Feb. 11, 2020). 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, or the sale within
the United States after importation of
certain audio players and controllers,
components thereof, and products
containing the same by reason of
infringement of certain claims of U.S.
Patent Nos. 9,195,258 (‘‘the ’258
patent’’); 10,209,953 (‘‘the ’953 patent’’);
8,588,949 (‘‘the ’949 patent’’); 9,219,959
(‘‘the ’959 patent’’); and 10,439,896
(‘‘the ’896 patent’’). Id. The complaint
further alleges that a domestic industry
exists. Id. The notice of investigation
named as respondents Google and
Alphabet Inc. (‘‘Alphabet’’), both of
Mountain View, California. Id. The
Office of Unfair Import Investigations
(‘‘OUII’’) is also named as a party. Id.
On September 21, 2020, the
Commission terminated the
investigation as to Alphabet based on
withdrawal of the allegations in the
complaint directed to Alphabet. Order
No. 18 (Sept. 1, 2020), unreviewed by
Comm’n Notice (Sept. 21, 2020). On
November 24, 2020, the Commission
determined that the importation
requirement has been satisfied. Order
No. 27 (Oct. 27, 2020), unreviewed by
Comm’n Notice (Nov. 24, 2020). On
February 2, 2021, the Commission
determined that the technical prong of
the domestic industry requirement has
been satisfied as to the ’949 patent.
Order No. 32 (Jan. 4, 2021), unreviewed
by Comm’n Notice (Feb. 2, 2021). On
February 16, 2021, the Commission
determined that the economic prong of
the domestic industry requirement has
been satisfied as to all asserted patents.
Order No. 35 (Jan. 14, 2021), reviewed
and aff’d by Comm’n Notice (Feb. 16,
2021). On March 12, 2021, the
Commission partially terminated the
investigation based on withdrawal of
the allegations in the complaint as to the
following asserted claims: Claims 22
and 23 of the ’258 patent; claims 12 and
13 of the ’953 patent; claims 5, 9, 29,
and 35 of the ’959 patent; and claim 3
of the ’896 patent. Order No. 58 (Feb.
23, 2021), unreviewed by Comm’n
Notice (Mar. 12, 2021).
On August 13, 2021, the CALJ issued
a combined initial determination (‘‘ID’’)
on violation and a recommended
determination (‘‘RD’’) on remedy and
bonding. The ID finds violations of
section 337 with respect to the
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following claims of the asserted patents:
claims 17, 21, 24, and 26 of the ’258
patent; claims 7, 14, and 22–24 of the
’953 patent; claim 10 of the ’959 patent;
claims 1, 2, and 5 of the ’949 patent; and
claims 1, 5, 6, and 12 of the ’896 patent.
ID at 180–82. The RD recommends that,
should the Commission determine that
violations of section 337 occurred, the
Commission should: (i) Issue a limited
exclusion order against Google; (ii) issue
a cease and desist order against Google;
and (iii) set a 100 percent bond for any
importations of infringing products
during the period of Presidential review.
RD at 182–88.
On August 27, 2021, Sonos and
Google each filed a petition seeking
review of certain findings in the ID. On
September 7, 2021, the private parties
filed responses to each other’s petitions,
and OUII filed a combined response to
both petitions.
On September 13, 2021, the
Commission received eight submissions
on the public interest from members of
the public in response to the
Commission’s Federal Register notice.
See 86 FR 46715 (Aug. 19, 2021). The
Commission did not receive
submissions on the public interest from
the parties pursuant to Commission
Rule 210.50(a)(4) (19 CFR 210.50(a)(4)).
On November 19, 2021, the
Commission determined to review the
ID in part with respect to the ID’s
analysis of whether the products
accused of infringing the ’258 and ’953
patents are articles that infringe at the
time of importation. 86 FR 67492 (Nov.
26, 2021). The Commission also
determined to correct two typographical
errors on pages 24 and 84 of the ID. Id.
The Commission did not request
briefing on any issue under review. Id.
The Commission’s notice also requested
written submissions on remedy, the
public interest, and bonding. Id.
On December 2, 2021, Sonos, Google,
and OUII each filed initial submissions
on remedy, the public interest, and
bonding. That same day, the
Commission also received four
additional submissions on the public
interest from members of the public. On
December 10, 2021, Sonos, Google, and
OUII each filed reply submissions on
remedy, the public interest, and
bonding.
The Commission, having reviewed the
record in this investigation, including
the final ID, the parties’ petitions and
responses thereto, has determined that
Google has violated section 337 by
importing into the United States, selling
for importation, or selling in the United
States after importation certain audio
players and controllers, components
thereof, and products containing the
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1785
same that infringe one or more of claims
17, 21, 24, and 26 of the ’258 patent;
claims 7, 14, and 22–24 of the ’953
patent; claim 10 of the ’959 patent;
claims 1, 2, and 5 of the ’949 patent; and
claims 1, 5, 6, and 12 of the ’896 patent.
The Commission has determined that
the appropriate remedy is: (i) A limited
exclusion order prohibiting the
importation of certain audio players and
controllers, components thereof, and
products containing the same that
infringe one or more of claims 17, 21,
24, and 26 of the ’258 patent; claims 7,
14, and 22–24 of the ’953 patent; claim
10 of the ’959 patent; claims 1, 2, and
5 of the ’949 patent; and claims 1, 5, 6,
and 12 of the ’896 patent; and (ii) a
cease and desist order against Google.
The Commission has determined that
the public interest factors do not
preclude issuance of a remedy. The
Commission has also determined to set
a bond in the amount of 100 percent of
the entered value of the infringing
products imported during the period of
Presidential review (19 U.S.C. 1337(j)).
The Commission issues its opinion
herewith setting forth its determinations
on certain issues. This investigation is
hereby terminated.
The Commission’s orders and opinion
were delivered to the President and
United States Trade Representative on
the day of their issuance.
The Commission vote for this
determination took place on January 6,
2022.
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: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–00389 Filed 1–11–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1261]
Notice of a Commission Determination
To Issue Remedial Orders Against the
Defaulting Respondents; Termination
of the Investigation; Certain LED
Landscape Lighting Devices and
Components Thereof
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
E:\FR\FM\12JAN1.SGM
12JAN1
1786
Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices
Notice is hereby given that
the U.S. International Trade
Commission has determined to issue a
limited exclusion order and cease and
desist orders against the respondents
found to be in default in this
investigation, namely, cBright Lighting,
Inc. of San Leandro, California
(‘‘cBright’’), Dauer Manufacturing Corp.
of Medley, Florida (‘‘Dauer’’), and FUSA
Corp. of Medley, Florida (‘‘FUSA’’). The
Commission has also determined to
impose a bond equal to one hundred
percent (100%) of the entered value of
the infringing products imported during
the period of Presidential review. This
investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT:
Ronald A. Traud, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3427. 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 on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on April 13, 2021, based on a complaint
filed on behalf of Wangs Alliance
Corporation, d/b/a WAC Lighting
(‘‘WAC’’). 86 FR 19282 (Apr. 13, 2021).
The complaint alleged a violation of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based upon
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain LED landscape
lighting devices and components thereof
by reason of infringement of certain
claims of U.S. Patent Nos. 10,571,101
and 10,920,971. Id. The complaint
further alleged that an industry in the
United States exists as required by
section 337. Id. The following were
named as respondents in the
investigation: cBright; Dauer; FUSA;
Shenzhen Wanjia Lighting Co., Ltd.
d/b/a WONKA of Shenzhen, China
(‘‘WONKA’’); CAST Lighting LLC of
Hawthorne, New Jersey (‘‘CAST’’);
Lumien Enterprise, Inc. d/b/a Lumien
Lighting of Acworth, Georgia
(‘‘Lumien’’); and Jiangsu Sur Lighting
Co., Ltd. of Jiangsu Province, China
(‘‘Jiangsu’’). Id. The Office of Unfair
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Import Investigations is not a party to
the investigation.
The Commission previously found
cBright, Dauer, and FUSA (collectively,
the ‘‘Defaulting Respondents’’) in
default. Order No. 13 (July 9, 2021)
(finding cBright in default), unreviewed
by Notice (July 29, 2021); Order No. 14
(Aug. 4, 2021) (finding Dauer and FUSA
in default), unreviewed by Notice (Aug.
18, 2021). The investigation was
previously terminated as to all other
respondents. Order No. 20 (Sept. 10,
2021) (terminating the investigation as
to Lumien and Jiangsu), unreviewed by
Notice (Oct. 6, 2021); Order No. 22
(Sept. 24, 2021) (terminating the
investigation as to CAST), unreviewed
by Notice (Oct. 14, 2021); Order No. 23
(Sept. 24, 2021) (terminating the
investigation as to WONKA),
unreviewed by Notice (Oct. 26, 2021).
The Commission, in terminating the
last active respondent from the
investigation, also requested briefing on
the issues of remedy, the public interest,
and bonding. Notice (Oct. 26, 2021). On
November 9, 2021, WAC filed a
statement on remedy, public interest,
and bonding. Neither the Defaulting
Respondents nor any other interested
person filed a response to either the
Commission’s original notice or the
statement filed by WAC.
On October 5, 2021, WAC filed a
Declaration Seeking Immediate Relief
Against Defaulting Respondents.
Upon review of WAC’s submission
and based upon the request of the
complainant, and in the absence of any
responses from interested persons, the
Commission has determined to issue a
limited exclusion order and cease and
desist orders against the Defaulting
Respondents. The Commission finds
that the public interest factors do not
preclude issuance of the requested
relief. The Commission has further
determined to set a bond equal to one
hundred percent (100%) of the entered
value of the covered products. The
Commission also denies as moot WAC’s
October 5, 2021, Declaration Seeking
Immediate Relief Against Defaulting
Respondents. This investigation is
hereby terminated.
The Commission vote for this
determination took place on January 6,
2022.
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).
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
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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: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–00374 Filed 1–11–22; 8:45 am]
BILLING CODE 7020–02–P
JUDICIAL CONFERENCE OF THE
UNITED STATES
Advisory Committee on Civil Rules;
Meeting of the Judicial Conference
Judicial Conference of the
United States.
AGENCY:
Advisory Committee on Civil
Rules; notice of cancellation of open
hearing.
ACTION:
The following virtual public
hearing on proposed amendments to the
Federal Rules of Civil Procedure has
been canceled: Civil Rules Hearing on
February 4, 2022. The announcement
for this hearing was previously
published in the Federal Register on
August 11, 2021.
SUMMARY:
DATES:
February 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Bridget Healy, Esq., Acting Chief
Counsel, Rules Committee Staff,
Administrative Office of the U.S. Courts,
Thurgood Marshall Federal Judiciary
Building, One Columbus Circle NE,
Suite 7–300, Washington, DC 20544,
Phone (202) 502–1820,
RulesCommittee_Secretary@
ao.uscourts.gov.
(Authority: 28 U.S.C. 2073.)
Dated: January 6, 2022.
Shelly L. Cox,
Management Analyst, Rules Committee Staff.
[FR Doc. 2022–00357 Filed 1–11–22; 8:45 am]
BILLING CODE 2210–55–P
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]]>Agencies
[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1785-1786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00374]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1261]
Notice of a Commission Determination To Issue Remedial Orders
Against the Defaulting Respondents; Termination of the Investigation;
Certain LED Landscape Lighting Devices and Components Thereof
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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[[Page 1786]]
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to issue a limited exclusion order and cease
and desist orders against the respondents found to be in default in
this investigation, namely, cBright Lighting, Inc. of San Leandro,
California (``cBright''), Dauer Manufacturing Corp. of Medley, Florida
(``Dauer''), and FUSA Corp. of Medley, Florida (``FUSA''). The
Commission has also determined to impose a bond equal to one hundred
percent (100%) of the entered value of the infringing products imported
during the period of Presidential review. This investigation is hereby
terminated.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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 April 13, 2021, based on a complaint filed on behalf of Wangs
Alliance Corporation, d/b/a WAC Lighting (``WAC''). 86 FR 19282 (Apr.
13, 2021). The complaint alleged a violation of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain LED
landscape lighting devices and components thereof by reason of
infringement of certain claims of U.S. Patent Nos. 10,571,101 and
10,920,971. Id. The complaint further alleged that an industry in the
United States exists as required by section 337. Id. The following were
named as respondents in the investigation: cBright; Dauer; FUSA;
Shenzhen Wanjia Lighting Co., Ltd. d/b/a WONKA of Shenzhen, China
(``WONKA''); CAST Lighting LLC of Hawthorne, New Jersey (``CAST'');
Lumien Enterprise, Inc. d/b/a Lumien Lighting of Acworth, Georgia
(``Lumien''); and Jiangsu Sur Lighting Co., Ltd. of Jiangsu Province,
China (``Jiangsu''). Id. The Office of Unfair Import Investigations is
not a party to the investigation.
The Commission previously found cBright, Dauer, and FUSA
(collectively, the ``Defaulting Respondents'') in default. Order No. 13
(July 9, 2021) (finding cBright in default), unreviewed by Notice (July
29, 2021); Order No. 14 (Aug. 4, 2021) (finding Dauer and FUSA in
default), unreviewed by Notice (Aug. 18, 2021). The investigation was
previously terminated as to all other respondents. Order No. 20 (Sept.
10, 2021) (terminating the investigation as to Lumien and Jiangsu),
unreviewed by Notice (Oct. 6, 2021); Order No. 22 (Sept. 24, 2021)
(terminating the investigation as to CAST), unreviewed by Notice (Oct.
14, 2021); Order No. 23 (Sept. 24, 2021) (terminating the investigation
as to WONKA), unreviewed by Notice (Oct. 26, 2021).
The Commission, in terminating the last active respondent from the
investigation, also requested briefing on the issues of remedy, the
public interest, and bonding. Notice (Oct. 26, 2021). On November 9,
2021, WAC filed a statement on remedy, public interest, and bonding.
Neither the Defaulting Respondents nor any other interested person
filed a response to either the Commission's original notice or the
statement filed by WAC.
On October 5, 2021, WAC filed a Declaration Seeking Immediate
Relief Against Defaulting Respondents.
Upon review of WAC's submission and based upon the request of the
complainant, and in the absence of any responses from interested
persons, the Commission has determined to issue a limited exclusion
order and cease and desist orders against the Defaulting Respondents.
The Commission finds that the public interest factors do not preclude
issuance of the requested relief. The Commission has further determined
to set a bond equal to one hundred percent (100%) of the entered value
of the covered products. The Commission also denies as moot WAC's
October 5, 2021, Declaration Seeking Immediate Relief Against
Defaulting Respondents. This investigation is hereby terminated.
The Commission vote for this determination took place on January 6,
2022.
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).
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: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-00374 Filed 1-11-22; 8:45 am]
BILLING CODE 7020-02-P
