Certain Cloud-Connected Wood-Pellet Grills and Components Thereof; Commission Determination Not To Review a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding; and Extension of the Target Date for Completion of the Investigation, 14288-14289 [2022-05273]
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14288
Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices
earpiece devices and components
thereof that infringe claims 1 and 7 the
’852 patent; claims 1 and 8 of the ’853
patent; claims 1 and 6 of the ’590 patent;
and claims 1, 7, and 8 of the ’287 patent.
The Commission also imposed a bond
in the amount of one hundred percent
(100%) of the entered value of the
imported articles during the period of
Presidential review. The Commission
remanded certain issues to the ALJ and
thereafter the ’364 patent was
withdrawn from the investigation and
the investigation was terminated in its
entirety. 84 FR 72382–383 (Dec. 31,
2019).
On February 4, 2022, Fantasia, the
importer of record, filed the subject
request for an advisory opinion that
Anker’s Soundcore Liberty 2 Pro
(‘‘A3909’’), Soundcore Liberty Neo
(‘‘A3911’’), and Soundcore Life Dot 2
(‘‘A3922’’) products (collectively, the
‘‘Anker Earphones’’) do not infringe
claims 1 and 7 of the ’852 patent; claims
1 and 8 of the ’853 patent; claims 1 and
6 of the ’590 patent; and claims 1, 7, and
8 of the ’287 patent, and thus are not
covered by the GEO issued in this
investigation.
Having reviewed Fantasia’s request in
view of the record below, the
Commission has determined to institute
an advisory opinion proceeding under
Commission Rule 210.79 to ascertain
whether the Anker Earphones infringe
claims 1 and 7 of the ’852 patent; claims
1 and 8 of the ’853 patent; claims 1 and
6 of the ’590 patent; and claims 1, 7, and
8 of the ’287 patent, and are covered by
the GEO issued in this investigation.
The Commission has further determined
to refer the matter to the CALJ for
assignment to an ALJ for appropriate
proceedings and to issue an IAO at the
earliest practicable time, preferably
within 120 days of institution, but no
later than 7 months after institution.
The ALJ shall set a target date at two
months following the date of issuance of
the IAO. The target date may be
extended for good cause shown. The
following entities are named as parties
to the proceeding: (1) Bose; and (2)
Fantasia.
The Commission vote for this
determination took place on March 8,
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.
VerDate Sep<11>2014
17:51 Mar 11, 2022
Jkt 256001
Issued: March 8, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–05275 Filed 3–11–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1237]
Certain Cloud-Connected Wood-Pellet
Grills and Components Thereof;
Commission Determination Not To
Review a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions on
Remedy, the Public Interest, and
Bonding; and Extension of the Target
Date for Completion 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 not to review a final initial
determination (‘‘ID’’) of the presiding
former chief administrative law judge
(‘‘CALJ’’) finding a violation of section
337 by the accused products of
respondent GMG Products LLC
(‘‘GMG’’). The Commission requests
written submissions from the parties,
interested government agencies, and
other interested persons on the issues of
remedy, the public interest, and
bonding, under the schedule set forth
below. The Commission has also
determined to extend the target date for
completion of the investigation to May
12, 2022.
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 January 4, 2021, based on a
SUMMARY:
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
complaint filed on behalf of Traeger
Pellet Grills LLC (‘‘Traeger’’) of Salt
Lake City, Utah. 86 FR 129–30 (Jan. 4,
2021). The complaint, as supplemented,
alleges violations of section 337 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 cloud-connected
wood-pellet grills and components
thereof by reason of infringement of
certain claims of U.S. Patent Nos.
10,218,833 (‘‘the ’833 patent’’) and
10,158,720 (‘‘the ’720 patent’’). The
Commission’s notice of investigation
named GMG of Lakeside, Oregon as the
sole respondent. The Office of Unfair
Import Investigations is not
participating in the investigation.
The Commission previously found
that Traeger has satisfied the economic
prong of the domestic industry
requirement with respect to the ’833 and
’720 patents. See Order No. 26 (Aug. 10,
2021), unreviewed by Comm’n Notice
(Sept. 9, 2021).
On September 3, 2021, the former
CALJ issued an ID (Order No. 28)
granting in part GMG’s motion for
summary determination of noninfringement as to the ’833 patent and
terminating that patent from the
investigation. See Order No. 28 (Sept. 3,
2021). On October 28, 2021, the
Commission determined, on review, to
affirm with modification the subject ID’s
finding of non-infringement. See
Comm’n Notice (Oct. 28, 2021).
Accordingly, the ’833 patent was
terminated from the investigation.
On December 6, 2021, the former
CALJ issued the final ID finding a
violation of section 337 based on
infringement (i.e., direct, contributory,
and induced) of asserted claims 1 and
2 of the ’720 patent. The ID further finds
that: (1) Traeger has satisfied the
technical prong of the domestic industry
requirement; (2) GMG is estopped from
challenging the validity of the ’720
patent based on the prior art MAK and
Fireboard systems; (3) the prior art MAK
and Fireboard systems do not render the
asserted claims of the ’720 patent
invalid due to anticipation under 35
U.S.C. 102(a) or obviousness under 35
U.S.C. 103; and (4) the ’720 patent is not
unenforceable due to inequitable
conduct. The former CALJ
recommended, should the Commission
find a violation, the issuance of a
limited exclusion order directed to
GMG’s infringing products and a cease
and desist order directed to GMG, and
requiring a bond in the amount of 53.1
percent of the entered value for
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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices
importation of infringing articles during
the period of Presidential review.
On December 20, 2021, GMG
petitioned for review of certain aspects
of the final ID. Specifically, GMG
petitioned for review of the ID’s findings
regarding claim construction,
infringement, the technical prong of the
domestic industry requirement, validity,
and enforceability with respect to the
’720 patent. On December 28, 2021,
Traeger filed a response in opposition to
GMG’s petition for review.
The Commission received no public
interest comments from the public in
response to the Commission’s Federal
Register notice seeking comment on the
public interest. 86 FR 70860–61 (Dec.
13, 2021). Traeger and GMG did not
submit any public interest comments
pursuant to Commission Rule
210.50(a)(4) (19 CFR 210.50(a)(4)).
Having reviewed the record of the
investigation, including the parties’
briefing, the Commission has
determined not to review the final ID’s
finding of a violation of section 337. The
Commission has also determined to
extend the target date for completion of
the investigation to May 12, 2022.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
results in the exclusion of the subject
articles from entry into the United
States, and/or (2) issue a cease and
desist order that could result in the
respondent being required to cease and
desist from engaging in unfair acts in
the importation and sale of such
articles. Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(December 1994).
When the Commission contemplates
some form of remedy, it must consider
the effects of that remedy upon the
public interest. The factors the
Commission will consider include the
effect that an exclusion order and/or
cease and desist orders would have on
(1) the public health and welfare, (2)
competitive conditions in the U.S.
economy, (3) U.S. production of articles
that are like or directly competitive with
those that are subject to investigation,
VerDate Sep<11>2014
17:51 Mar 11, 2022
Jkt 256001
and (4) U.S. consumers. The
Commission is therefore interested in
receiving written submissions that
address the aforementioned public
interest factors in the context of this
investigation.
When the Commission orders some
form of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve,
disapprove, or take no action on the
Commission’s determination. See
section 337(j), 19 U.S.C. 1337(j) and the
Presidential Memorandum of July 21,
2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission. The
Commission is therefore interested in
receiving submissions concerning the
amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
bonding, and the public interest. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding.
In its initial submission, Complainant
is also requested to identify the remedy
sought and to submit proposed remedial
orders for the Commission’s
consideration. Complainant is further
requested to state the date that the
asserted patent expires, to provide the
HTSUS subheadings under which the
accused products are imported, and to
supply the identification information for
all known importers of the products at
issue in this investigation. The initial
written submissions and proposed
remedial orders must be filed no later
than close of business on March 22,
2022. Reply submissions must be filed
no later than the close of business on
March 29, 2022. No further submissions
on these issues will be permitted unless
otherwise ordered by the Commission.
Opening submissions are limited to 25
pages. Reply submissions are limited to
20 pages.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798
(March 19, 2020). Submissions should
refer to the investigation number (Inv.
No. 337–TA–1237) in a prominent place
on the cover page and/or the first page.
(See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf). Persons with questions
PO 00000
Frm 00053
Fmt 4703
Sfmt 9990
14289
regarding filing should contact the
Secretary, (202) 205–2000.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment by marking each document
with a header indicating that the
document contains confidential
information. This marking will be
deemed to satisfy the request procedure
set forth in Rules 201.6(b) and
210.5(e)(2) (19 CFR 201.6(b) &
210.5(e)(2)). Documents for which
confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, 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. All nonconfidential written
submissions will be available for public
inspection on EDIS.
The Commission vote for this
determination took place on March 8,
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: March 8, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–05273 Filed 3–11–22; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\14MRN1.SGM
14MRN1
]]>Agencies
[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14288-14289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05273]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1237]
Certain Cloud-Connected Wood-Pellet Grills and Components
Thereof; Commission Determination Not To Review a Final Initial
Determination Finding a Violation of Section 337; Request for Written
Submissions on Remedy, the Public Interest, and Bonding; and Extension
of the Target Date for Completion 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 not to review a final
initial determination (``ID'') of the presiding former chief
administrative law judge (``CALJ'') finding a violation of section 337
by the accused products of respondent GMG Products LLC (``GMG''). The
Commission requests written submissions from the parties, interested
government agencies, and other interested persons on the issues of
remedy, the public interest, and bonding, under the schedule set forth
below. The Commission has also determined to extend the target date for
completion of the investigation to May 12, 2022.
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 January 4, 2021, based on a complaint filed on behalf of Traeger
Pellet Grills LLC (``Traeger'') of Salt Lake City, Utah. 86 FR 129-30
(Jan. 4, 2021). The complaint, as supplemented, alleges violations of
section 337 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 cloud-connected wood-pellet grills and
components thereof by reason of infringement of certain claims of U.S.
Patent Nos. 10,218,833 (``the '833 patent'') and 10,158,720 (``the '720
patent''). The Commission's notice of investigation named GMG of
Lakeside, Oregon as the sole respondent. The Office of Unfair Import
Investigations is not participating in the investigation.
The Commission previously found that Traeger has satisfied the
economic prong of the domestic industry requirement with respect to the
'833 and '720 patents. See Order No. 26 (Aug. 10, 2021), unreviewed by
Comm'n Notice (Sept. 9, 2021).
On September 3, 2021, the former CALJ issued an ID (Order No. 28)
granting in part GMG's motion for summary determination of non-
infringement as to the '833 patent and terminating that patent from the
investigation. See Order No. 28 (Sept. 3, 2021). On October 28, 2021,
the Commission determined, on review, to affirm with modification the
subject ID's finding of non-infringement. See Comm'n Notice (Oct. 28,
2021). Accordingly, the '833 patent was terminated from the
investigation.
On December 6, 2021, the former CALJ issued the final ID finding a
violation of section 337 based on infringement (i.e., direct,
contributory, and induced) of asserted claims 1 and 2 of the '720
patent. The ID further finds that: (1) Traeger has satisfied the
technical prong of the domestic industry requirement; (2) GMG is
estopped from challenging the validity of the '720 patent based on the
prior art MAK and Fireboard systems; (3) the prior art MAK and
Fireboard systems do not render the asserted claims of the '720 patent
invalid due to anticipation under 35 U.S.C. 102(a) or obviousness under
35 U.S.C. 103; and (4) the '720 patent is not unenforceable due to
inequitable conduct. The former CALJ recommended, should the Commission
find a violation, the issuance of a limited exclusion order directed to
GMG's infringing products and a cease and desist order directed to GMG,
and requiring a bond in the amount of 53.1 percent of the entered value
for
[[Page 14289]]
importation of infringing articles during the period of Presidential
review.
On December 20, 2021, GMG petitioned for review of certain aspects
of the final ID. Specifically, GMG petitioned for review of the ID's
findings regarding claim construction, infringement, the technical
prong of the domestic industry requirement, validity, and
enforceability with respect to the '720 patent. On December 28, 2021,
Traeger filed a response in opposition to GMG's petition for review.
The Commission received no public interest comments from the public
in response to the Commission's Federal Register notice seeking comment
on the public interest. 86 FR 70860-61 (Dec. 13, 2021). Traeger and GMG
did not submit any public interest comments pursuant to Commission Rule
210.50(a)(4) (19 CFR 210.50(a)(4)).
Having reviewed the record of the investigation, including the
parties' briefing, the Commission has determined not to review the
final ID's finding of a violation of section 337. The Commission has
also determined to extend the target date for completion of the
investigation to May 12, 2022.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that results in the exclusion of the
subject articles from entry into the United States, and/or (2) issue a
cease and desist order that could result in the respondent being
required to cease and desist from engaging in unfair acts in the
importation and sale of such articles. Accordingly, the Commission is
interested in receiving written submissions that address the form of
remedy, if any, that should be ordered. If a party seeks exclusion of
an article from entry into the United States for purposes other than
entry for consumption, the party should so indicate and provide
information establishing that activities involving other types of entry
either are adversely affecting it or likely to do so. For background,
see Certain Devices for Connecting Computers via Telephone Lines, Inv.
No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (December
1994).
When the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
When the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
section 337(j), 19 U.S.C. 1337(j) and the Presidential Memorandum of
July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, bonding, and the
public interest. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. Complainant is further requested to
state the date that the asserted patent expires, to provide the HTSUS
subheadings under which the accused products are imported, and to
supply the identification information for all known importers of the
products at issue in this investigation. The initial written
submissions and proposed remedial orders must be filed no later than
close of business on March 22, 2022. Reply submissions must be filed no
later than the close of business on March 29, 2022. No further
submissions on these issues will be permitted unless otherwise ordered
by the Commission. Opening submissions are limited to 25 pages. Reply
submissions are limited to 20 pages.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1237) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding
filing should contact the Secretary, (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. A redacted
non-confidential version of the document must also be filed
simultaneously with any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) By the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
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.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on March 8,
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: March 8, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-05273 Filed 3-11-22; 8:45 am]
BILLING CODE 7020-02-P
