Certain Audio Players and Components Thereof (I); Notice of Institution of Investigation, 56702-56703 [2022-19906]
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56702
Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov. The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.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 has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of OPEX
Corporation on September 9, 2022. The
complaint alleges violations of section
337 of the Tariff Act of 1930 (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 regarding certain
automated put walls and automated
storage and retrieval systems, associated
vehicles, associated control software,
and component parts thereof. The
complainant names as respondents: HC
Robotics (a.k.a. Huicang Information
Technology Co., Ltd.) of China and
Invata, LLC (d/b/a Invata Intralogistics)
of Conshohocken, PA. The complainant
requests that the Commission issue a
limited exclusion order and cease and
desist orders and impose a bond upon
respondent’s alleged infringing articles
during the 60-day Presidential review
period pursuant to 19 U.S.C. 1337(j).
Proposed respondents, other
interested parties, and members of the
public are invited to file comments on
any public interest issues raised by the
complaint or § 210.8(b) filing.
Comments should address whether
issuance of the relief specifically
requested by the complainant in this
investigation would affect the public
health and welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) explain how the articles potentially
subject to the requested remedial orders
are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
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(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions on the public
interest must be filed no later than by
close of business, eight calendar days
after the date of publication of this
notice in the Federal Register. There
will be further opportunities for
comment on the public interest after the
issuance of any final initial
determination in this investigation. Any
written submissions on other issues
must also be filed by no later than the
close of business, eight calendar days
after publication of this notice in the
Federal Register. Complainant may file
replies to any written submissions no
later than three calendar days after the
date on which any initial submissions
were due. No other submissions will be
accepted, unless requested by the
Commission. Any submissions and
replies filed in response to this Notice
are limited to five (5) pages in length,
inclusive of attachments.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. Submissions should refer
to the docket number (‘‘Docket No.
3638’’) in a prominent place on the
cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, Electronic Filing
Procedures.1) Please note the Secretary’s
Office will accept only electronic filings
during this time. Filings must be made
through the Commission’s Electronic
Document Information System (EDIS,
https://edis.usitc.gov.) No in-person
paper-based filings or paper copies of
any electronic filings will be accepted
until further notice. Persons with
questions regarding filing should
contact the Secretary at EDIS3Help@
usitc.gov.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
1 Handbook
for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
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Commission is properly sought will be
treated accordingly. 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,2 solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.3
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: September 9, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–19904 Filed 9–14–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–1329]
Certain Audio Players and
Components Thereof (I); Notice of
Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
August 9, 2022, under the Tariff Act of
1930, as amended, on behalf of Google
LLC of Mountain View, California. A
supplement was filed on August 24,
2022. The complaint, as supplemented,
alleges violations of 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 audio players and
components thereof by reason of the
infringement of certain claims of U.S.
SUMMARY:
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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15SEN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Notices
Patent No. 10,593,330 (‘‘the ’330
patent’’); U.S. Patent No. 10,134,398
(‘‘the ’398 patent’’); and U.S. Patent No.
7,705,565 (‘‘the ’565 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute. The complainant requests that
the Commission institute an
investigation and, after the
investigation, issue a limited exclusion
order and a cease and a desist order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Jessica Mullan, Office of Docket
Services, U.S. International Trade
Commission, telephone (202) 205–1802.
SUPPLEMENTARY INFORMATION:
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 8, 2022, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims
1–7, 9–15, 17, and 18 of the ’330 patent;
claims 1–5, 7–13, and 15–20 of the ’398
patent; and claims 1, 3–7, 9–15, and 18
of the ’565 patent, and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘audio player devices—
specifically voice controllable audio
player devices and battery powered
audio player devices’’;
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(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Google LLC,
1600 Amphitheatre Parkway, Mountain
View, CA 94043.
(b) The respondent is the following
entity alleged to be in violation of
section 337, and is the party upon
which the complaint is to be served:
Sonos, Inc., 614 Chapala Street, Santa
Barbara, CA 93101.
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondent in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
considered by the Commission if
received not later than 20 days after the
date of service by the complainant of the
complaint and the notice of
investigation. Extensions of time for
submitting responses to the complaint
and the notice of investigation will not
be granted unless good cause therefor is
shown.
Failure of the respondent to file a
timely response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2022).
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56703
Issued: September 9, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–19906 Filed 9–14–22; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Railpulse, LLC
Notice is hereby given that, on August
30, 2022, pursuant to section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), RailPulse, LLC
(‘‘RailPulse’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Union Pacific Railroad,
Omaha, NE, has been added as a party
to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and RailPulse
intends to file additional written
notifications disclosing all changes in
membership.
On April 20, 2021, RailPulse filed its
original notification pursuant to section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to section 6(b) of the
Act on May 25, 2021 (86 FR 28151).
The last notification was filed with
the Department on January 7, 2022. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on March 10, 2022 (87 FR 13759).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2022–19950 Filed 9–14–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Advanced Fluids for
Electrified Vehicles
Notice is hereby given that, on August
26, 2022, pursuant to section 6(a) of the
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Agencies
[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56702-56703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19906]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1329]
Certain Audio Players and Components Thereof (I); Notice of
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 9, 2022, under the Tariff
Act of 1930, as amended, on behalf of Google LLC of Mountain View,
California. A supplement was filed on August 24, 2022. The complaint,
as supplemented, alleges violations of 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 audio
players and components thereof by reason of the infringement of certain
claims of U.S.
[[Page 56703]]
Patent No. 10,593,330 (``the '330 patent''); U.S. Patent No. 10,134,398
(``the '398 patent''); and U.S. Patent No. 7,705,565 (``the '565
patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute. The
complainant requests that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and a
cease and a desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 8, 2022, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-7, 9-15, 17, and 18 of the '330 patent; claims 1-5, 7-13, and
15-20 of the '398 patent; and claims 1, 3-7, 9-15, and 18 of the '565
patent, and whether an industry in the United States exists as required
by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``audio player
devices--specifically voice controllable audio player devices and
battery powered audio player devices'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Google LLC, 1600 Amphitheatre Parkway,
Mountain View, CA 94043.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Sonos, Inc., 614 Chapala Street, Santa Barbara, CA 93101.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2022).
Issued: September 9, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19906 Filed 9-14-22; 8:45 am]
BILLING CODE 7020-02-P