Certain Automated Storage and Retrieval Systems, Robots, and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination and Order No. 33; and, on Review, To Find No Violation of Section 337 Termination of the Investigation, 14906-14907 [2022-05504]

Download as PDF jspears on DSK121TN23PROD with NOTICES1 14906 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 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: Submission of this information allows the Office of Indian Economic Development (OIED) to implement the Loan Guarantee, Insurance, and Interest Subsidy Program, 25 U.S.C. 1451 et seq., the purpose of which is to encourage private lending to individual Indians and Indian organizations by providing lenders with loan guarantees or loan insurance to reduce their potential risk. The information collection allows OIED to determine the eligibility and creditworthiness of respondents and loans and otherwise ensure compliance with Program requirements. This information collection includes the use of several forms. Title of Collection: Loan Guarantee, Insurance, and Interest Subsidy Program. OMB Control Number: 1076–0020. Form Number: LGA10, LIA10, RGI10, ISR10, NOD10, CFL10, ALD10, NIL10, and LGC10. Type of Review: Revision of a currently approved collection. Respondents/Affected Public: Lenders, including commercial banks, and borrowers, including individual Indians and Indian organizations. Total Estimated Number of Annual Respondents: 622. Total Estimated Number of Annual Responses: 1,377. Estimated Completion Time per Response: Ranging from 0.5 to 2 hours. Total Estimated Number of Annual Burden Hours: 2,654 hours. Respondent’s Obligation: Required to Obtain or Retain a Benefit. 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. VerDate Sep<11>2014 17:16 Mar 15, 2022 Jkt 256001 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. 2022–05566 Filed 3–15–22; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1228] Certain Automated Storage and Retrieval Systems, Robots, and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination and Order No. 33; and, on Review, To Find No Violation of Section 337 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 review in part the presiding administrative law judge’s (‘‘ALJ’’) final initial determination (‘‘ID’’) issued on December 13, 2021, finding no violation of section 337, and Order No. 33 (‘‘Markman Order’’), issued on July 22, 2021, in the above-referenced investigation. On review, the Commission has determined to find no violation of section 337. The investigation is terminated in its entirety. SUMMARY: 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 obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on November 6, 2020, based on a complaint filed on behalf of AutoStore PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 Technology AS of Norway; AutoStore AS of Norway; and AutoStore System Inc. of Derry, New Hampshire (collectively, ‘‘Complainants’’). 85 FR 71096 (Nov. 6, 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, and the sale within the United States after importation of certain automated storage and retrieval systems, robots, and components thereof by reason of infringement of claims 1– 6 of U.S. Patent No. 10,093,525 (‘‘the ’525 patent’’); claims 1 and 18–20 of U.S. Patent No. 10,294,025 (‘‘the ’025 patent’’); claims 1–4 and 11–15 of U.S. Patent No. 10,474,140 (‘‘the ’140 patent’’); claims 1, 2, and 5–15 of U.S. Patent No. 10,494,239 (‘‘the ’239 patent’’); and claim 19 of U.S. Patent No. 10,696,478 (‘‘the ’478 patent’’). Id. The complaint further alleged that a domestic industry exists. Id. The Commission’s notice of investigation named eight respondents: Ocado Group Plc; Ocado Central Services Ltd.; Ocado Innovation Ltd.; Ocado Operating Ltd.; Ocado Solutions, Ltd.; Tharsus Group Ltd.; and Printed Motor Works Ltd., all of the United Kingdom; and Ocado Solutions USA Inc. of Tysons Corner, Virginia (collectively, ‘‘Respondents’’). Id. at 71097. The Office of Unfair Import Investigations did not participate as a party in this investigation. Id. Respondent Printed Motor Works Ltd. was terminated from the investigation based on withdrawal of allegations in the complaint. See Order No. 19, at 1 (June 2, 2021), unreviewed by Comm’n Notice (June 22, 2021). The asserted claims of the ’140 patent and claims 1 and 18 of the ’025 patent were terminated from the investigation. See Order No. 59 (August 9, 2021), unreviewed by Comm’n Notice (Aug. 20, 2021). Complainants’ allegations that Respondents’ 500 series robot and redesigned 500 series robot infringe claims 19 and 20 of the ’025 patent were also terminated from the investigation. Id. The Markman Order, issued on July 22, 2021, construed claim terms from all five asserted patents. See Order No. 33 (July 22, 2021). The Markman Order found claims 2 and 3 of the ’525 patent and claims 5, 6, 14, and 15 of the ’239 patent to be indefinite. Id. at 35–39. An evidentiary hearing was held on August 2–6, 2021. On December 13, 2021, the ALJ issued the final ID finding no violation of section 337 and his recommended determination (‘‘RD’’). Specifically, the ID found the accused products infringe claims 1 and 6 of the ’525 patent; claims E:\FR\FM\16MRN1.SGM 16MRN1 jspears on DSK121TN23PROD with NOTICES1 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices 1, 2, and 7–13 of the ’239 patent; and claim 19 of the ’478 patent; but those claims are invalid for failure to comply with the written description requirement and the enablement requirement of 35 U.S.C. 112, para. 1. The ID also found claims 4 and 5 of the ’525 patent invalid as indefinite under 35 U.S.C. 112, para. 2, because they depend from claims 2 and 3 of the ’525 patent, which the ALJ found indefinite in the Markman Order. As for the ’025 patent, the ID found the accused products do not infringe claims 19 and 20 and the claims have not been shown to be invalid. The ID further found that Complainants have shown that the domestic industry requirement has been satisfied with respect to the asserted patents under section 337(a)(3)(B). The parties filed a joint motion to extend the time for them to file petitions for review from December 27, 2021 (with responses due January 4, 2022) to December 30, 2021 (with responses due January 10, 2022). On December 14, 2021, the Chair granted the motion. On December 30, 2021, Complainants and Respondents filed separate petitions for review of the ID. On January 10, 2022, they filed separate replies to the petitions for review. The Commission solicited submissions from the public on public interest issues raised by the recommended determination. On January 14, 2022, the Kroger Co. submitted comments on the public interest for the Commission to consider should the Commission find a violation. Having reviewed the record of the investigation, including the final ID, the Markman Order, and the parties’ submissions, the Commission has determined to review in part the final ID and the Markman Order. Specifically, the Commission has determined to review: (1) The ALJ’s construction of the terms ‘‘vehicle body’’ and ‘‘a plurality of [rolling members/wheels] attached to the vehicle body’’ in the asserted claims of the ’525, ’239, and ’478 patents; (2) the ID’s finding that claims 2–5 of the ’525 patent and claims 5, 6, 14, and 15 of the ’239 patent are invalid as indefinite; (3) the ID’s construction of the term ‘‘a displacement motor’’ in claim 1 of the ’025 patent; and (4) the ID’s findings that the economic prong of the domestic industry is satisfied. Among other findings, the Commission has determined not to review the ID’s finding that the asserted claims of the ’525, ’239, and ’478 patents are invalid for failing to comply with the written description and enablement requirements of 35 U.S.C. 112, para. 1. On review, the Commission affirms with modification the ALJ’s VerDate Sep<11>2014 17:16 Mar 15, 2022 Jkt 256001 construction of the terms ‘‘vehicle body’’ and ‘‘a plurality of [rolling members/wheels] attached to the vehicle body’’ in the claims of the ’525, ’239, and ’478 patents. The Commission also affirms the ALJ’s finding of indefiniteness with respect to certain claims of the ’525 and ’239 patents and the ID’s construction of the term ‘‘a displacement motor’’ in claim 1 of the ’025 patent with the additional analyses provided in its opinion. Having adopted the ID’s findings that the asserted claims of the ’525, ’239, and ’478 patents are invalid and the asserted claims of the ’025 patent are not infringed, the Commission has determined to take no position on the economic prong of the domestic industry requirement.1 Accordingly, the Commission has determined to affirm with modifications the ID’s finding of no violation of section 337. The investigation is terminated in its entirety. The Commission’s reasoning in support of its determination is set forth more fully in its opinion. The Commission vote for this determination took place on March 10, 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 10, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–05504 Filed 3–15–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Federal Bureau of Investigation Meeting of the Compact Council for the National Crime Prevention and Privacy Compact Federal Bureau of Investigation, Department of Justice. ACTION: Meeting notice. AGENCY: The purpose of this notice is to announce a meeting of the National Crime Prevention and Privacy Compact Council (Council) created by the National Crime Prevention and Privacy Compact Act of 1998 (Compact). SUMMARY: 1 Chair Kearns would affirm the ID’s finding that the economic prong was not established with respect to AutoStore USA’s investments. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 14907 The Council will meet in open session from 8:30 a.m. (EDT) until 5:00 p.m. (EDT) on May 12, 2022. ADDRESSES: The meeting will take place at the Florida Hotel and Conference Center, 1500 Sand Lake Road, Orlando, Florida, 32809. FOR FURTHER INFORMATION CONTACT: Inquiries may be addressed to Mrs. Chasity S. Anderson, FBI Compact Officer, Biometric Technology Center, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306, telephone 304– 625–2803. SUPPLEMENTARY INFORMATION: Thus far, the Federal Government and 34 states are parties to the Compact which governs the exchange of criminal history records for licensing, employment, immigration and naturalization matters, and similar purposes. The Compact also provides a legal framework for the establishment of a cooperative federalstate system to exchange such records. The United States Attorney General appoints 15 persons from state and federal agencies to serve on the Council. The Council will prescribe system rules and procedures for the effective and proper operation of the Interstate Identification Index system for noncriminal justice purposes. Matters for discussion are expected to include: (1) Proposed Changes to the Compact Council’s Frequently Asked Questions Guide (2) Modernization of the CJIS Security Policy (3) Review of the National Fingerprint File Program Participation Implementation Plans The meeting will be conducted with a blended participation option. The meeting will be open to the public on a first-come, first-serve basis with limited seating due to COVID–19 safety protocols. Virtual options are available. Individuals must provide their name, city, state, phone, and email address to register. Information regarding virtual access will be provided prior to the meeting to all registered individuals. Any member of the public wishing to file a written statement with the Council or wishing to address this session of the Council should notify the FBI Compact Officer, Mrs. Chasity S. Anderson at compactoffice@fbi.gov, at least 7 days prior to the start of the session. The notification should contain the individual’s name and corporate designation, consumer affiliation, or government designation, along with a short statement describing the topic to be addressed and the time needed for the presentation. Individuals will ordinarily be allowed up to 15 minutes DATES: E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 14906-14907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05504]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1228]


Certain Automated Storage and Retrieval Systems, Robots, and 
Components Thereof; Notice of a Commission Determination To Review in 
Part a Final Initial Determination and Order No. 33; and, on Review, To 
Find No Violation of Section 337 Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the presiding 
administrative law judge's (``ALJ'') final initial determination 
(``ID'') issued on December 13, 2021, finding no violation of section 
337, and Order No. 33 (``Markman Order''), issued on July 22, 2021, in 
the above-referenced investigation. On review, the Commission has 
determined to find no violation of section 337. 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) 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 November 6, 2020, based on a complaint filed on behalf of AutoStore 
Technology AS of Norway; AutoStore AS of Norway; and AutoStore System 
Inc. of Derry, New Hampshire (collectively, ``Complainants''). 85 FR 
71096 (Nov. 6, 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, and the sale within the United States after importation of 
certain automated storage and retrieval systems, robots, and components 
thereof by reason of infringement of claims 1-6 of U.S. Patent No. 
10,093,525 (``the '525 patent''); claims 1 and 18-20 of U.S. Patent No. 
10,294,025 (``the '025 patent''); claims 1-4 and 11-15 of U.S. Patent 
No. 10,474,140 (``the '140 patent''); claims 1, 2, and 5-15 of U.S. 
Patent No. 10,494,239 (``the '239 patent''); and claim 19 of U.S. 
Patent No. 10,696,478 (``the '478 patent''). Id. The complaint further 
alleged that a domestic industry exists. Id. The Commission's notice of 
investigation named eight respondents: Ocado Group Plc; Ocado Central 
Services Ltd.; Ocado Innovation Ltd.; Ocado Operating Ltd.; Ocado 
Solutions, Ltd.; Tharsus Group Ltd.; and Printed Motor Works Ltd., all 
of the United Kingdom; and Ocado Solutions USA Inc. of Tysons Corner, 
Virginia (collectively, ``Respondents''). Id. at 71097. The Office of 
Unfair Import Investigations did not participate as a party in this 
investigation. Id.
    Respondent Printed Motor Works Ltd. was terminated from the 
investigation based on withdrawal of allegations in the complaint. See 
Order No. 19, at 1 (June 2, 2021), unreviewed by Comm'n Notice (June 
22, 2021).
    The asserted claims of the '140 patent and claims 1 and 18 of the 
'025 patent were terminated from the investigation. See Order No. 59 
(August 9, 2021), unreviewed by Comm'n Notice (Aug. 20, 2021). 
Complainants' allegations that Respondents' 500 series robot and 
redesigned 500 series robot infringe claims 19 and 20 of the '025 
patent were also terminated from the investigation. Id.
    The Markman Order, issued on July 22, 2021, construed claim terms 
from all five asserted patents. See Order No. 33 (July 22, 2021). The 
Markman Order found claims 2 and 3 of the '525 patent and claims 5, 6, 
14, and 15 of the '239 patent to be indefinite. Id. at 35-39.
    An evidentiary hearing was held on August 2-6, 2021.
    On December 13, 2021, the ALJ issued the final ID finding no 
violation of section 337 and his recommended determination (``RD''). 
Specifically, the ID found the accused products infringe claims 1 and 6 
of the '525 patent; claims

[[Page 14907]]

1, 2, and 7-13 of the '239 patent; and claim 19 of the '478 patent; but 
those claims are invalid for failure to comply with the written 
description requirement and the enablement requirement of 35 U.S.C. 
112, para. 1. The ID also found claims 4 and 5 of the '525 patent 
invalid as indefinite under 35 U.S.C. 112, para. 2, because they depend 
from claims 2 and 3 of the '525 patent, which the ALJ found indefinite 
in the Markman Order. As for the '025 patent, the ID found the accused 
products do not infringe claims 19 and 20 and the claims have not been 
shown to be invalid. The ID further found that Complainants have shown 
that the domestic industry requirement has been satisfied with respect 
to the asserted patents under section 337(a)(3)(B).
    The parties filed a joint motion to extend the time for them to 
file petitions for review from December 27, 2021 (with responses due 
January 4, 2022) to December 30, 2021 (with responses due January 10, 
2022). On December 14, 2021, the Chair granted the motion.
    On December 30, 2021, Complainants and Respondents filed separate 
petitions for review of the ID. On January 10, 2022, they filed 
separate replies to the petitions for review.
    The Commission solicited submissions from the public on public 
interest issues raised by the recommended determination. On January 14, 
2022, the Kroger Co. submitted comments on the public interest for the 
Commission to consider should the Commission find a violation.
    Having reviewed the record of the investigation, including the 
final ID, the Markman Order, and the parties' submissions, the 
Commission has determined to review in part the final ID and the 
Markman Order. Specifically, the Commission has determined to review: 
(1) The ALJ's construction of the terms ``vehicle body'' and ``a 
plurality of [rolling members/wheels] attached to the vehicle body'' in 
the asserted claims of the '525, '239, and '478 patents; (2) the ID's 
finding that claims 2-5 of the '525 patent and claims 5, 6, 14, and 15 
of the '239 patent are invalid as indefinite; (3) the ID's construction 
of the term ``a displacement motor'' in claim 1 of the '025 patent; and 
(4) the ID's findings that the economic prong of the domestic industry 
is satisfied. Among other findings, the Commission has determined not 
to review the ID's finding that the asserted claims of the '525, '239, 
and '478 patents are invalid for failing to comply with the written 
description and enablement requirements of 35 U.S.C. 112, para. 1.
    On review, the Commission affirms with modification the ALJ's 
construction of the terms ``vehicle body'' and ``a plurality of 
[rolling members/wheels] attached to the vehicle body'' in the claims 
of the '525, '239, and '478 patents. The Commission also affirms the 
ALJ's finding of indefiniteness with respect to certain claims of the 
'525 and '239 patents and the ID's construction of the term ``a 
displacement motor'' in claim 1 of the '025 patent with the additional 
analyses provided in its opinion. Having adopted the ID's findings that 
the asserted claims of the '525, '239, and '478 patents are invalid and 
the asserted claims of the '025 patent are not infringed, the 
Commission has determined to take no position on the economic prong of 
the domestic industry requirement.\1\ Accordingly, the Commission has 
determined to affirm with modifications the ID's finding of no 
violation of section 337. The investigation is terminated in its 
entirety. The Commission's reasoning in support of its determination is 
set forth more fully in its opinion.
---------------------------------------------------------------------------

    \1\ Chair Kearns would affirm the ID's finding that the economic 
prong was not established with respect to AutoStore USA's 
investments.
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    The Commission vote for this determination took place on March 10, 
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 10, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-05504 Filed 3-15-22; 8:45 am]
BILLING CODE 7020-02-P