Certain Audio Players and Controllers, Components Thereof, and Products Containing Same; Notice of a Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of Investigation, 1784-1785 [2022-00389]
Download as PDF
<![CDATA[
lotter on DSK11XQN23PROD with NOTICES1
1784
Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices
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: On
September 2, 2021, the Commission
instituted this investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based on a
complaint filed by Copan Italia S.p.A.
and Copan Industries, Inc. (‘‘Copan’’).
86 FR 49343–44 (Sept. 2, 2021). The
complaint alleged a violation 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 flocked swabs,
products containing flocked swabs, and
methods of using same by reason of
infringement of certain claims of U.S.
Patent Nos. 9,011,358; 9,173,779; and
10,327,741. The complaint also alleged
the existence of a domestic industry.
The notice of investigation named Han
Chang Medic of Chungnam, Republic of
Korea; Wuxi NEST Biotechnology Co.,
Ltd. of Wuxi, Jiangsu, China; NEST
Scientific Inc. of Rahway, New Jersey;
NEST Scientific USA of Rahway, New
Jersey; Miraclean Technology Co., Ltd.
of Shenzhen, Guangdong, China;
Vectornate Korea Ltd. of Jangseong,
Republic of Korea and Vectornate USA,
Inc. of Mahwah, New Jersey
(collectively, ‘‘Vectorante’’); Innovative
Product Brands, Inc. of Highland,
California (‘‘IPB’’); Thomas Scientific,
Inc. of Swedesboro, New Jersey
(‘‘Thomas Inc.’’); Thomas Scientific,
LLC of Owings Mills, Maryland
(‘‘Thomas LLC’’); Cardinal Health, Inc.
of Dublin, Ohio (‘‘Cardinal’’); KSL
Biomedical, Inc. of Williamsville, New
York and KSL Diagnostics, Inc. of
Williamsville, New York (collectively,
‘‘KSL’’); Jiangsu Changfeng Medical
Industry Co., Ltd. of Yangzhou, Jiangsu,
China; No Borders Dental Resources,
Inc., dba MediDent Supplies of Queen
Creek, Arizona; BioTeke Corporation
(Wuxi) Co., Ltd. of Wuxi, Jiangsu,
China; Fosun Pharma USA Inc. of
Princeton, New Jersey; Hunan Runmei
Gene Technology Co., Ltd. of Changsha,
Hunan, China (‘‘Runmei’’); VWR
International, LLC of Radnor,
Pennsylvania (‘‘VWR’’); and Slmp, LLC
dba StatLab Medical Products of
McKinney, Texas as respondents. Id. at
49343–44. The Commission’s Office of
Unfair Import Investigations (‘‘OUII’’) is
also named as a party in this
investigation. Id. at 49344.
Subsequently, the investigation was
terminated as to the KSL respondents
based on a consent order stipulation and
consent order. Order No. 20 (Nov. 15,
VerDate Sep<11>2014
17:04 Jan 11, 2022
Jkt 256001
2021), unreviewed by Notice (Dec. 6,
2021). Also, the investigation was
terminated as to the following
respondents: Thomas Inc.; Thomas LLC;
Cardinal; VWR; Vectornate; and IPB.
Orders 21–25 (all issued on November
15, 2021), unreviewed by Notice (Dec. 6,
2021). Furthermore, respondent Runmei
was found in default. Order No. 27
(Nov. 15, 2021), unreviewed by Notice
(Dec. 6, 2021).
On November 15, 2021, HCY moved
to intervene as respondents in this
investigation. On November 26, 2021,
Copan filed an opposition to the motion
and the Commission Investigative Staff
filed a response in support of HCY’s
motion. On December 1, 2021, HCY
filed a reply memorandum in support of
the motion. No other responses were
received.
On December 7, 2021, the ALJ issued
the subject ID granting HCY’s motion.
The ID noted that Fed. R. Civ. P. 24
‘‘provides some guidance in
determining whether intervention in a
particular matter is appropriate.’’ ID at
6 (citing Certain Electronic Devices with
Image Processing Systems, Components
Thereof, and Associated Software, Inv.
No. 337–TA–724, Comm’n Op. at 57
(Dec. 21, 2011) (EDIS Doc. ID 467105)).
The ID noted that ‘‘[b]ased on the factors
found in Federal Rule 24, a party’s
motion to intervene is most persuasive
where (1) the motion is timely; (2) the
movant has an interest relating to the
property or transaction which is the
subject of the action; (3) the movant is
so situated that the disposition of the
action may as a practical matter impair
or impede the movant’s ability to
protect that interest; (4) the movant is
not adequately represented by existing
parties; and (5) the intervention will not
unduly delay or prejudice the
adjudication of the original parties’
rights.’’ Id. (citing Electronic Devices,
Comm’n Op. at 57). The ID found that
each of the factors identified in Certain
Electronic Devices weighs in favor of
permitting intervention. Id. at 7–9. No
party petitioned for review of the ID.
The Commission has determined not
to review the subject ID. Huanchenyang
(Shenzhen) Technology Co., Ltd. and
HCY USA LLC are now respondents in
this investigation.
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.
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
By order of the Commission.
Issued: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–00368 Filed 1–11–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1191]
Certain Audio Players and Controllers,
Components Thereof, and Products
Containing Same; Notice of a Final
Determination Finding a Violation of
Section 337; Issuance of a Limited
Exclusion Order and a Cease and
Desist Order; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined that
respondent Google LLC (‘‘Google’’) has
violated section 337 of the Tariff Act of
1930, as amended, by importing, selling
for importation, or selling in the United
States after importation certain audio
players and controllers, components
thereof, and products containing the
same that infringe one or more claims of
U.S. Patent Nos. 9,195,258; 10,209,953;
9,219,959; 8,588,949; and 10,439,896.
The Commission has determined that
the appropriate remedies are a limited
exclusion order and a cease and desist
order against Google. 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. This investigation
is hereby terminated.
FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. 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.
SUMMARY:
E:\FR\FM\12JAN1.SGM
12JAN1
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
lotter on DSK11XQN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:04 Jan 11, 2022
Jkt 256001
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
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
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
]]>Agencies
[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1784-1785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00389]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1191]
Certain Audio Players and Controllers, Components Thereof, and
Products Containing Same; Notice of a Final Determination Finding a
Violation of Section 337; Issuance of a Limited Exclusion Order and a
Cease and Desist Order; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined that respondent Google LLC (``Google'') has
violated section 337 of the Tariff Act of 1930, as amended, by
importing, selling for importation, or selling in the United States
after importation certain audio players and controllers, components
thereof, and products containing the same that infringe one or more
claims of U.S. Patent Nos. 9,195,258; 10,209,953; 9,219,959; 8,588,949;
and 10,439,896. The Commission has determined that the appropriate
remedies are a limited exclusion order and a cease and desist order
against Google. 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. This investigation
is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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.
[[Page 1785]]
SUPPLEMENTARY INFORMATION: 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 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 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
