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]
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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
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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.
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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
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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
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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
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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.
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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:
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]]>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.
---------------------------------------------------------------------------
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
