Certain Power Inverters and Converters, Vehicles Containing the Same, and Components Thereof; Notice of a Commission Determination To Review in Part and, on Review, Affirm a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation, 76215-76216 [2022-26963]
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Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1267]
Certain Power Inverters and
Converters, Vehicles Containing the
Same, and Components Thereof;
Notice of a Commission Determination
To Review in Part and, on Review,
Affirm a Final Initial Determination
Finding 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 (the ‘‘Commission’’) has
determined to review in part the final
initial determination (‘‘ID’’) issued by
the presiding administrative law judge
(‘‘ALJ’’). On review, the Commission has
determined to affirm the final ID’s
finding of no violation. The
investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl
P. Bretscher, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2382. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket system
(‘‘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: On June
28, 2021, the Commission instituted this
investigation based on a complaint filed
by Arigna Technology Limited of
Carrickmines, Ireland (‘‘Arigna’’). 86 FR
34042–43 (Jun. 28, 2021). The
complaint, as amended, 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 power inverters and converters,
vehicles containing the same, and
components thereof that infringe one of
more of the asserted claims of U.S.
Patent Nos. 8,247,867 (‘‘the ’867
patent’’) and 8,289,082 (‘‘the ’082
patent’’). Id. at 34042. The complaint
also alleges that a domestic industry
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exists or is in the process of being
established. Id.
The Commission’s notice of
investigation named the following
respondents: Audi AG of Ingolstadt,
Germany and Audi of America, LLC of
Herndon, Virginia (collectively,
‘‘Audi’’); Bentley MotorsLimited. of
Crewe, United Kingdom and Bentley
Motors, Inc. of Reston, Virginia
(collectively, ‘‘Bentley’’); Bayerische
Motoren Werke AG of Munich, Germany
and BMW of North America, LLC, of
Woodcliff Lake, New Jersey
(collectively, ‘‘BMW’’); Daimler AG of
Stuttgart, Germany and Mercedes-Benz
USA, LLC of Sandy Springs, Georgia
(collectively, ‘‘Daimler’’); General
Motors Company of Detroit, Michigan
(‘‘GMC’’); General Motors LLC of
Detroit, Michigan (‘‘GM’’); Automobili
Lamborghini S.p.A. of Sant’Agata, Italy
and Automobili Lamborghini America,
LLC of Herndon, Virginia (collectively,
‘‘Lamborghini’’); Porsche AG of
Stuttgart, Germany and Porsche Cars
North America, Inc. of Atlanta, Georgia
(collectively, ‘‘Porsche’’); and
Volkswagen AG of Wolfsburg, Germany
and Volkswagen Group of America, Inc.
of Herndon, Virginia (collectively,
‘‘Volkswagen’’) (all collectively,
‘‘Respondents’’). Id. at 34043. The Office
of Unfair Import Investigations (‘‘OUII’’)
is also participating in this
investigation. Id.
On December 1, 2021, the presiding
administrative law judge (‘‘ALJ’’) held a
Markman hearing. On January 18, 2022,
the ALJ issued a Markman order (Order
No. 30), construing certain disputed
claim terms of the ’082 and ’867 patents.
On January 18, 2022, the Commission
terminated the investigation with
respect to General Motors Company
based on a withdrawal of the complaint.
Order No. 23 (Dec. 20, 2021),
unreviewed by Comm’n Notice (January
18, 2022).
On March 15, 2022, the Commission
partially terminated the ’867 patent
from the investigation as asserted
against BMW. Order No. 37 (Feb. 18,
2022), unreviewed by Comm’n Notice
(Mar. 15, 2022).
On April 25, 2022, the Commission
terminated certain claims of the ’082
patent and ’867 patent based on a partial
withdrawal of the complaint. Order No.
50 (Apr. 6, 2022), unreviewed by
Comm’n Notice (Apr. 25, 2022).
On May 17, 2022, the Commission
terminated the investigation with
respect to Porsche due to a settlement
agreement. Order No. 53 (April 29,
2022), unreviewed by Comm’n Notice
(May 17, 2022).
The presiding ALJ held an evidentiary
hearing on April 4–8, 2022. The parties
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Sfmt 4703
76215
timely filed their initial post-hearing
briefs on April 25, 2022, and their posthearing reply briefs on May 4, 2022.
On August 12, 2022, the presiding
ALJ issued the subject ID, finding no
violation of section 337 with respect to
either the ’082 patent or the ’867 patent.
In particular, the ID finds: (1) Arigna
failed to prove that Respondents
infringed any of asserted claims 1, 13,
17, or 29 of the ’082 patent; (2) claims
1, 13, 17, and 29 of the ’082 patent are
invalid as anticipated or obvious over
the prior art; (3) Respondents did not
infringe asserted claim 8 of the ’867
patent; (4) claim 4 of the ’867 patent
(asserted for domestic industry
purposes) is invalid as anticipated; but
asserted claim 8 is not invalid; and (5)
Arigna has not satisfied the economic
prong of the domestic industry
requirement with respect to the ’867
patent.
On August 26, 2022, the presiding
ALJ issued a recommended
determination on remedy, the public
interest, and bonding, recommending
that the Commission issue a limited
exclusion order (subject to a delay in
implementation of up to six months)
and cease and desist orders against
Audi, BMW, Mercedes, GM, and
Volkswagen (but not Bentley or
Lamborghini), and set a zero percent
bond, should the Commission find a
violation of section 337.
On August 26, 2022, Arigna filed a
petition for review of the ID’s findings
on claim construction, noninfringement, and invalidity with
respect to the ’082 patent. No other
party petitioned for review of the ID’s
findings regarding the ’082 patent.
On August 26, 2022, respondent GM
filed a contingent petition for review of
the ID’s finding that asserted claim 8 of
the ’867 patent is not invalid. No other
party, including Arigna, petitioned for
review of any findings regarding the
’867 patent.
On September 6, 2022, Respondents
and OUII each filed their opposition to
Arigna’s petition for review of the ID’s
findings with respect to the ’082 patent.
OUII filed a response to GM’s
contingent petition for review on the
same date.
On November 22, 2022, the
Commission terminated the
investigation with respect to Daimler,
Volkswagen, Audi, Bentley, and
Lamborghini due to settlement
agreements. Comm’n Notice (Nov. 22,
2022). BMW and GM remain as
respondents.
Upon consideration of the ID, the
parties’ submissions, and the evidence
of record, the Commission has
determined to review in part and, on
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review, affirm the ID’s finding of no
violation of section 337. Specifically,
the Commission has determined to
review and take no position on the ID’s
findings: (a) that claims 1 and 17 of the
’082 patent are anticipated by Japanese
Patent Publication No. S62–171212 to
Soneda (‘‘Soneda’’); (b) that claims 13
and 29 of the ’082 patent are invalid as
obvious over Soneda in combination
with U.S. Patent No. 6,094,246 to
Kozisek et al. (‘‘Kozisek’’); (c) that claim
8 of the ’867 patent is not invalid as
obvious over U.S. Patent Publication
No. 2009/0179261 to Sekugichi in
combination with U.S. Patent
Publication No. 2009/0218619 to
Hebert; and (d) on the domestic industry
requirement for the ’082 patent and the
’867 patent.
The Commission has determined not
to review, and thereby adopts, the ID’s
remaining findings, including with
respect to the ’082 patent: (a) the ID’s
claim constructions; (b) that Arigna
failed to prove that Respondents
infringed any of asserted claims 1, 13,
17, and 29; (c) that asserted independent
claims 1 and 17 are invalid as
anticipated by a prior art article written
by Suharli Tedja et al. and published in
the IEEE Journal of Solid-State Circuits
in February 1995 (‘‘Tedja’’); (d) that
asserted dependent claims 13 and 29 are
invalid as obvious over Tedja alone or
Tedja in combination with Kozisek; and
(e) that asserted claims 1, 13, 17, and 29
are invalid as obvious over Kozisek in
combination with Soneda. The
Commission has further determined not
to review the ID’s findings that the
asserted claims of the ’867 patent are
not infringed and claim 4 is invalid as
anticipated by International Patent
Application Publication WO 2009/
060670 to Torii.
For the foregoing reasons, the
Commission concludes that there is no
violation of section 337 with respect to
either the ’082 patent or ’867 patent.
This investigation is hereby terminated.
The Commission voted to approve
this determination on December 7, 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: December 7, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–26963 Filed 12–12–22; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–1346]
Certain Marine Air Conditioning
Systems, Components Thereof, and
Products Containing the Same;
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
November 7, 2022, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Dometic Corporation of
Rosemont, Illinois and Dometic Sweden
AB of Solna, Sweden. Supplements
were filed on November 10, November
25, and November 28, 2022. The
complaint 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 marine air
conditioning systems, components
thereof, and products containing same
by reason of the infringement of certain
claims of U.S. Patent No. 8,056,351
(‘‘the ’351 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 cease and
desist orders.
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:
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.
SUMMARY:
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2022).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
December 7, 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
1–5, 7, 11, and 17–22 of the ’351 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 ‘‘marine air
conditioning systems for use in nautical
vehicles, having marine blower systems
adapted to nautical vehicles, main body
systems for use in marine air
conditioning units, or assemblies for
adjusting the blower with respect to the
aforementioned main body’’;
(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 complainants are:
Dometic Corporation, 5600 N. River
Road, Suite 250, Rosemont, IL 60018
Dometic Sweden AB, Hemva¨rnsgatan 15
6 tr, Solna, SE, SE–171 54
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Shanghai Hopewell Industrial Co. Ltd.,
Room 1201, 2nd floor, Liancheng
Piazza, Fengxian District, Shanghai
201401, China
Shanghai Hehe Industrial Co. Ltd., No.
418 Gonggeng Road, Fengcheng
Town. Fengxian District, Shanghai
201400, China
CitiMarine, L.L.C., 3330 NW 112
Avenue, #4, Doral, Florida 33172
Mabru Power Systems, Inc., 1105 Old
Griffin Road, Dania Beach, Florida
33004
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Notices]
[Pages 76215-76216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26963]
[[Page 76215]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1267]
Certain Power Inverters and Converters, Vehicles Containing the
Same, and Components Thereof; Notice of a Commission Determination To
Review in Part and, on Review, Affirm a Final Initial Determination
Finding 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 (the ``Commission'') has determined to review in part the
final initial determination (``ID'') issued by the presiding
administrative law judge (``ALJ''). On review, the Commission has
determined to affirm the final ID's finding of no violation. The
investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket system (``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: On June 28, 2021, the Commission instituted
this investigation based on a complaint filed by Arigna Technology
Limited of Carrickmines, Ireland (``Arigna''). 86 FR 34042-43 (Jun. 28,
2021). The complaint, as amended, 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 power inverters and converters, vehicles containing the same,
and components thereof that infringe one of more of the asserted claims
of U.S. Patent Nos. 8,247,867 (``the '867 patent'') and 8,289,082
(``the '082 patent''). Id. at 34042. The complaint also alleges that a
domestic industry exists or is in the process of being established. Id.
The Commission's notice of investigation named the following
respondents: Audi AG of Ingolstadt, Germany and Audi of America, LLC of
Herndon, Virginia (collectively, ``Audi''); Bentley MotorsLimited. of
Crewe, United Kingdom and Bentley Motors, Inc. of Reston, Virginia
(collectively, ``Bentley''); Bayerische Motoren Werke AG of Munich,
Germany and BMW of North America, LLC, of Woodcliff Lake, New Jersey
(collectively, ``BMW''); Daimler AG of Stuttgart, Germany and Mercedes-
Benz USA, LLC of Sandy Springs, Georgia (collectively, ``Daimler'');
General Motors Company of Detroit, Michigan (``GMC''); General Motors
LLC of Detroit, Michigan (``GM''); Automobili Lamborghini S.p.A. of
Sant'Agata, Italy and Automobili Lamborghini America, LLC of Herndon,
Virginia (collectively, ``Lamborghini''); Porsche AG of Stuttgart,
Germany and Porsche Cars North America, Inc. of Atlanta, Georgia
(collectively, ``Porsche''); and Volkswagen AG of Wolfsburg, Germany
and Volkswagen Group of America, Inc. of Herndon, Virginia
(collectively, ``Volkswagen'') (all collectively, ``Respondents''). Id.
at 34043. The Office of Unfair Import Investigations (``OUII'') is also
participating in this investigation. Id.
On December 1, 2021, the presiding administrative law judge
(``ALJ'') held a Markman hearing. On January 18, 2022, the ALJ issued a
Markman order (Order No. 30), construing certain disputed claim terms
of the '082 and '867 patents.
On January 18, 2022, the Commission terminated the investigation
with respect to General Motors Company based on a withdrawal of the
complaint. Order No. 23 (Dec. 20, 2021), unreviewed by Comm'n Notice
(January 18, 2022).
On March 15, 2022, the Commission partially terminated the '867
patent from the investigation as asserted against BMW. Order No. 37
(Feb. 18, 2022), unreviewed by Comm'n Notice (Mar. 15, 2022).
On April 25, 2022, the Commission terminated certain claims of the
'082 patent and '867 patent based on a partial withdrawal of the
complaint. Order No. 50 (Apr. 6, 2022), unreviewed by Comm'n Notice
(Apr. 25, 2022).
On May 17, 2022, the Commission terminated the investigation with
respect to Porsche due to a settlement agreement. Order No. 53 (April
29, 2022), unreviewed by Comm'n Notice (May 17, 2022).
The presiding ALJ held an evidentiary hearing on April 4-8, 2022.
The parties timely filed their initial post-hearing briefs on April 25,
2022, and their post-hearing reply briefs on May 4, 2022.
On August 12, 2022, the presiding ALJ issued the subject ID,
finding no violation of section 337 with respect to either the '082
patent or the '867 patent. In particular, the ID finds: (1) Arigna
failed to prove that Respondents infringed any of asserted claims 1,
13, 17, or 29 of the '082 patent; (2) claims 1, 13, 17, and 29 of the
'082 patent are invalid as anticipated or obvious over the prior art;
(3) Respondents did not infringe asserted claim 8 of the '867 patent;
(4) claim 4 of the '867 patent (asserted for domestic industry
purposes) is invalid as anticipated; but asserted claim 8 is not
invalid; and (5) Arigna has not satisfied the economic prong of the
domestic industry requirement with respect to the '867 patent.
On August 26, 2022, the presiding ALJ issued a recommended
determination on remedy, the public interest, and bonding, recommending
that the Commission issue a limited exclusion order (subject to a delay
in implementation of up to six months) and cease and desist orders
against Audi, BMW, Mercedes, GM, and Volkswagen (but not Bentley or
Lamborghini), and set a zero percent bond, should the Commission find a
violation of section 337.
On August 26, 2022, Arigna filed a petition for review of the ID's
findings on claim construction, non-infringement, and invalidity with
respect to the '082 patent. No other party petitioned for review of the
ID's findings regarding the '082 patent.
On August 26, 2022, respondent GM filed a contingent petition for
review of the ID's finding that asserted claim 8 of the '867 patent is
not invalid. No other party, including Arigna, petitioned for review of
any findings regarding the '867 patent.
On September 6, 2022, Respondents and OUII each filed their
opposition to Arigna's petition for review of the ID's findings with
respect to the '082 patent. OUII filed a response to GM's contingent
petition for review on the same date.
On November 22, 2022, the Commission terminated the investigation
with respect to Daimler, Volkswagen, Audi, Bentley, and Lamborghini due
to settlement agreements. Comm'n Notice (Nov. 22, 2022). BMW and GM
remain as respondents.
Upon consideration of the ID, the parties' submissions, and the
evidence of record, the Commission has determined to review in part
and, on
[[Page 76216]]
review, affirm the ID's finding of no violation of section 337.
Specifically, the Commission has determined to review and take no
position on the ID's findings: (a) that claims 1 and 17 of the '082
patent are anticipated by Japanese Patent Publication No. S62-171212 to
Soneda (``Soneda''); (b) that claims 13 and 29 of the '082 patent are
invalid as obvious over Soneda in combination with U.S. Patent No.
6,094,246 to Kozisek et al. (``Kozisek''); (c) that claim 8 of the '867
patent is not invalid as obvious over U.S. Patent Publication No. 2009/
0179261 to Sekugichi in combination with U.S. Patent Publication No.
2009/0218619 to Hebert; and (d) on the domestic industry requirement
for the '082 patent and the '867 patent.
The Commission has determined not to review, and thereby adopts,
the ID's remaining findings, including with respect to the '082 patent:
(a) the ID's claim constructions; (b) that Arigna failed to prove that
Respondents infringed any of asserted claims 1, 13, 17, and 29; (c)
that asserted independent claims 1 and 17 are invalid as anticipated by
a prior art article written by Suharli Tedja et al. and published in
the IEEE Journal of Solid-State Circuits in February 1995 (``Tedja'');
(d) that asserted dependent claims 13 and 29 are invalid as obvious
over Tedja alone or Tedja in combination with Kozisek; and (e) that
asserted claims 1, 13, 17, and 29 are invalid as obvious over Kozisek
in combination with Soneda. The Commission has further determined not
to review the ID's findings that the asserted claims of the '867 patent
are not infringed and claim 4 is invalid as anticipated by
International Patent Application Publication WO 2009/060670 to Torii.
For the foregoing reasons, the Commission concludes that there is
no violation of section 337 with respect to either the '082 patent or
'867 patent. This investigation is hereby terminated.
The Commission voted to approve this determination on December 7,
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: December 7, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-26963 Filed 12-12-22; 8:45 am]
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