Certain Earpiece Devices and Components Thereof; Institution of an Advisory Opinion Proceeding, 14287-14288 [2022-05275]

Download as PDF Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices especially interested in public comment addressing the following: jspears on DSK121TN23PROD with NOTICES1 (1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility; (2) The accuracy of our estimate of the burden for this collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) How might the agency minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response. Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: The collection of information will ensure that the provisions of IGRA, Federal law, and the trust obligations of the United States are met when Federally recognized Tribes submit an application under 25 CFR part 292. The applications covered by this OMB Control No. are those seeking a secretarial determination that a gaming establishment on land acquired in trust after October 17, 1988, would be in the best interest of the Indian Tribe and its members, and would not be detrimental to the surrounding community. Title of Collection: Gaming on Trust Lands Acquired After October 17, 1988. OMB Control Number: 1076–0158. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Federally recognized Indian Tribes. Total Estimated Number of Annual Respondents: 2. Total Estimated Number of Annual Responses: 2. Estimated Completion Time per Response: 1,000 hours. Total Estimated Number of Annual Burden Hours: 2,000 hours. Respondent’s Obligation: Required to obtain a benefit. VerDate Sep<11>2014 17:51 Mar 11, 2022 Jkt 256001 Frequency of Collection: On occasion. Total Estimated Annual Nonhour Burden Cost: $0. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Steven Mullen, Information Collection Clearance Officer, Office of Regulatory Affairs and Collaborative Action—Indian Affairs. [FR Doc. 2022–05271 Filed 3–11–22; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1121 (Advisory Opinion Proceeding)] Certain Earpiece Devices and Components Thereof; Institution of an Advisory Opinion Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding as requested by Fantasia Trading, LLC (‘‘Fantasia’’). The Commission has also determined to set a target date of 180 days from the date of institution for completion of this proceeding, and to refer this matter to the Chief Administrative Law Judge (‘‘CALJ’’) for assignment to an administrative law judge (‘‘ALJ’’) for appropriate proceedings and an initial advisory opinion (‘‘IAO’’). The IAO is to be issued at the earliest practicable time, preferably within 120 days from the date of institution, but no later than 7 months after institution. 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) 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 SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 14287 obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 29, 2018, based on a complaint filed on behalf of Bose Corporation (‘‘Bose’’) of Framingham, Massachusetts. 83 FR 30,776 (Jun. 29, 2018). The complaint alleged violations 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 earpiece devices and components thereof by reason of infringement of one or more claims of U.S. Patent Nos. 9,036,852 (‘‘the ’852 patent’’); 9,036,853 (‘‘the ’853 patent’’); 9,042,590 (‘‘the ’590 patent’’); 8,249,287 (‘‘the ’287 patent’’); 8,311,253 (‘‘the ’253 patent’’); and 9,398,364 (‘‘the ’364 patent’’). The notice of investigation named fourteen respondents. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. On February 8, 2019, Bose moved for summary determination of a violation of section 337. On March 22, 2019, OUII filed a response supporting Bose’s motion in substantial part and supporting the requested remedy of a general exclusion order (‘‘GEO’’). On June 28, 2019, the presiding ALJ issued an initial determination (‘‘ID’’) (Order No. 16) granting in part Bose’s motion for summary determination of a violation of section 337 with respect to the ’852, ’853, ’590, ’287, and ’253 patents by certain respondents who were in default or did not participate in the investigation. On August 14, 2019, the Commission reviewed inter alia the economic prong of the domestic industry requirement with respect to the ’364 patent and affirmed with modifications the ID’s finding of a violation of section 337 with respect to the ’852, ’853, ’590, ’287, and ’253 patents. 84 FR 43159–161 (Aug. 20, 2019). The Commission also requested additional briefing from the parties on the issue under review and invited the parties, interested government agencies, and any other interested parties to file written submissions on the issues of remedy, the public interest, and bonding. Id. at 43160–161. On October 31, 2019, the Commission issued a GEO, a limited exclusion order, and cease and desist orders with respect to certain claims of the asserted patents other than the ’364 patent. 84 FR 59838– 840 (Nov. 6, 2019). The GEO prohibits the unlicensed importation of certain E:\FR\FM\14MRN1.SGM 14MRN1 jspears on DSK121TN23PROD with NOTICES1 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 E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14287-14288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05275]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1121 (Advisory Opinion Proceeding)]


Certain Earpiece Devices and Components Thereof; Institution of 
an Advisory Opinion Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute an advisory opinion proceeding 
as requested by Fantasia Trading, LLC (``Fantasia''). The Commission 
has also determined to set a target date of 180 days from the date of 
institution for completion of this proceeding, and to refer this matter 
to the Chief Administrative Law Judge (``CALJ'') for assignment to an 
administrative law judge (``ALJ'') for appropriate proceedings and an 
initial advisory opinion (``IAO''). The IAO is to be issued at the 
earliest practicable time, preferably within 120 days from the date of 
institution, but no later than 7 months after institution.

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) 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 June 29, 2018, based on a complaint filed on behalf of Bose 
Corporation (``Bose'') of Framingham, Massachusetts. 83 FR 30,776 (Jun. 
29, 2018). The complaint alleged violations 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 earpiece 
devices and components thereof by reason of infringement of one or more 
claims of U.S. Patent Nos. 9,036,852 (``the '852 patent''); 9,036,853 
(``the '853 patent''); 9,042,590 (``the '590 patent''); 8,249,287 
(``the '287 patent''); 8,311,253 (``the '253 patent''); and 9,398,364 
(``the '364 patent''). The notice of investigation named fourteen 
respondents. The Office of Unfair Import Investigations (``OUII'') was 
also named as a party in this investigation.
    On February 8, 2019, Bose moved for summary determination of a 
violation of section 337. On March 22, 2019, OUII filed a response 
supporting Bose's motion in substantial part and supporting the 
requested remedy of a general exclusion order (``GEO'').
    On June 28, 2019, the presiding ALJ issued an initial determination 
(``ID'') (Order No. 16) granting in part Bose's motion for summary 
determination of a violation of section 337 with respect to the '852, 
'853, '590, '287, and '253 patents by certain respondents who were in 
default or did not participate in the investigation.
    On August 14, 2019, the Commission reviewed inter alia the economic 
prong of the domestic industry requirement with respect to the '364 
patent and affirmed with modifications the ID's finding of a violation 
of section 337 with respect to the '852, '853, '590, '287, and '253 
patents. 84 FR 43159-161 (Aug. 20, 2019). The Commission also requested 
additional briefing from the parties on the issue under review and 
invited the parties, interested government agencies, and any other 
interested parties to file written submissions on the issues of remedy, 
the public interest, and bonding. Id. at 43160-161.
    On October 31, 2019, the Commission issued a GEO, a limited 
exclusion order, and cease and desist orders with respect to certain 
claims of the asserted patents other than the '364 patent. 84 FR 59838-
840 (Nov. 6, 2019). The GEO prohibits the unlicensed importation of 
certain

[[Page 14288]]

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.

    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