Certain Smart Thermostats, Load Control Switches, and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337, and on Review, To Affirm With Certain Modifications; Termination of the Investigation, 11473-11474 [2023-03703]
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Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
Passaic County
Boundary, City, Vicinity, Reference
Number.
Garritse-Doremus-Westervelt House, Park Dr.,
Clifton City, SG100008730
ARIZONA
NEW YORK
Yavapai County
Schuerman Homestead House, 120 Loy Ln.,
Sedona vicinity, SG100008708
CALIFORNIA
Calaveras County
Chinatown Gardens Archaeological District,
(Asian Americans and Pacific Islanders in
California, 1850–1970 MPS), 8435 East
Center St., Mokelumne Hill, MP100008712
Orange County
Fullerton College Historic District, 321 East
Chapman Ave., Fullerton, SG100008709
New Lynn Theater, 154–162 South Coast
Hwy., Laguna Beach, SG100008710
Amphion Piano Player Factory, (Industrial
Resources in the City of Syracuse,
Onondaga County, NY MPS), 689 North
Clinton and 156 Solar Sts., Syracuse,
MP100008717
St. Paul’s Methodist Episcopal Church and
Parsonage, 300–306 West Seneca Tpk.,
Syracuse, SG100008718
Butler County
COLORADO
Chaffee County
VIRGINIA
Chaffee County Courthouse and Jail
Buildings (Boundary Increase), 506 and
516 East Main St.; 113 and 205 North Court
St., Buena Vista, BC100008735
Petersburg Independent City
First National Bank of Elizabeth, 188 South
Main St., Elizabeth, SG100008713
Lake County
Golden Burro Cafe and Lounge, 710 Harrison
Ave., Leadville, SG100008732
Walnut Hill Historic District, Roughly
bounded by Johnson Rd., North, East, and
South Blvds., Mount Vernon, Fleur de
Hundred, and East Tuckahoe Sts.,
Petersburg, SG100008702
An owner objection has been received for
the following resource:
NORTH DAKOTA
Grand Forks County
St. Paul African Methodist Episcopal (AME)
Church, 613 West Mesa Ave., Pueblo,
SG100008733
DeRoche Block, 624 5th Ave. North Apt 1–8
(formerly 612–626 and 624 Dakota Ave.),
Grand Forks, SG100008731
A request to move has been received for
the following resource:
Teller County
WISCONSIN
Pueblo County
Crystola Bridge, (Highway Bridges in
Colorado MPS), .06 mi. north of Crystola
on Teller Cty. Rd. 21, Crystola vicinity,
MP100008724
Fond Du Lac County
MICHIGAN
Little White Schoolhouse, 1074 West Fond
du Lac St., Ripon, MV73000079
Additional documentation has been
received for the following resources:
Berrien County
COLORADO
Clark Equipment Company Administrative
Complex, 301–324 East Dewey St. and
204–302 North Red Bud Trail, Buchanan,
SG100008725
Chaffee County
MISSOURI
Chaffee County Courthouse and Jail
Buildings (Additional Documentation), 506
and 516 East Main St.; 113 and 205 North
Court St., Buena Vista, AD79000575
Lafayette County
UTAH
Douglass School, 215 West 16th St.,
Higginsville, SG100008715
Sanpete County
MONTANA
Powell County
Hillcrest Cemetery, West Milwaukee Ave.,
approx. .1 mi. west of Deer Lodge, Deer
Lodge vicinity, SG100008723
NEW JERSEY
Mercer County
New Jersey Division of Motor Vehicles
Building, 25 South Montgomery St.,
Trenton, SG100008729
VerDate Sep<11>2014
17:12 Feb 22, 2023
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Neilson, N. S., House (Additional
Documentation), 179 West Main St., Mt.
Pleasant, AD82004160
Authority: Section 60.13 of 36 CFR
part 60.
Dated: February 8, 2023.
Sherry A. Frear,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
[FR Doc. 2023–03701 Filed 2–22–23; 8:45 am]
BILLING CODE 4312–52–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1277]
Certain Smart Thermostats, Load
Control Switches, and Components
Thereof; Notice of a Commission
Determination To Review in Part a
Final Initial Determination Finding No
Violation of Section 337, and on
Review, To Affirm With Certain
Modifications; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
OHIO
Oakland Residential Historic District,
Bounded by 1st’ Curtis, Woodlawn,
Parkview, and Calumet Aves., Grove,
Garfield, and Richmond Sts., Middletown,
SG100008736
Elbert County
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Onondaga County
11473
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Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to review in part a final
initial determination (‘‘ID’’) of the
presiding administrative law judge
(‘‘ALJ’’), finding no violation of section
337, and on review, to affirm with
certain modifications set forth herein.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3042. 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: On
September 2, 2021, the Commission
instituted this investigation based on a
complaint filed by Causam Enterprises,
Inc. (‘‘Causam’’) of Raleigh, North
Carolina. 86 FR 49345–46 (Sept. 2,
2021). The complaint alleged violations
of section 337 based on the importation
into the United States, the sale for
importation, or the sale within the
United States after importation of
certain smart thermostats, load control
switches, and components thereof by
reason of infringement of one or more of
claims 1–9, 16, 19–21, 23–28, and 30 of
U.S. Patent No. 8,805,552 (‘‘the ’552
patent’’); claims 1–8, 10, 13–17, 19–23,
and 25–29 of U.S. Patent No. 9,678,522
(‘‘the ’522 patent’’); claims 1–11, 13–16,
18, and 19 of U.S. Patent No. 10,394,268
SUMMARY:
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Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices
(‘‘the ’268 patent’’); and claims 1, 2, 8,
9, 11, 13, 14, and 17 of U.S. Patent No.
10,396,592 (‘‘the ’592 patent’’)
(collectively, ‘‘Asserted Patents’’). Id.
The Commission’s notice of
investigation named the following nine
entities as respondents: Alarm.com
Holdings, Inc. of Tysons, Virginia;
Alarm.com Inc. of Tysons, Virginia;
Ecobee, Inc. of Toronto, Ontario,
Canada; EnergyHub, Inc. of Brooklyn,
New York; Itron, Inc. of Liberty Lake,
Washington; Itron Distributed Energy
Management, Inc. of Liberty Lake,
Washington (‘‘Itron Distributed’’);
Resideo Smart Homes Technology
(Tianjin) of Tianjin, China; Resideo
Technologies, Inc. of Austin, Texas
(‘‘Resideo Technologies’’); and Xylem
Inc., of Rye Brook, New York (‘‘Xylem’’).
The Office of Unfair Import
Investigations was not named as a party
in this investigation. Id.
On December 10, 2021, the ALJ issued
an ID granting a motion to terminate the
investigation as to Xylem based upon
settlement. Order No. 7 (Dec. 10, 2021),
unreviewed by Comm’n Notice (Jan. 10,
2022).
On April 21, 2022, the ALJ issued an
ID granting a motion (1) to amend the
complaint and notice of investigation to
substitute new respondent Ademco Inc.
of Melville, New York for respondent
Resideo Technologies and (2) to
terminate the investigation as to
respondent Itron Distributed; claim 21
of the ’552 patent; claims 5, 14, and 17
of the ’522 patent; claims 5, 13, and 16
of the ’268 patent; and claims 8 and 9
of the ’592 patent based upon
withdrawal of the allegations in the
complaint. Order No. 12 (Apr. 21, 2022),
unreviewed by Comm’n Notice (May 17,
2022).
The Chief ALJ (‘‘CALJ’’) held an
evidentiary hearing from June 28–July 1,
2022 and received post-hearing briefs
thereafter (this investigation was
reassigned from ALJ Shaw to Chief ALJ
Cheney on June 17, 2022).
On November 16, 2022, the CALJ
issued the final ID finding no violation
of section 337 as to the asserted patent
claims. The ID found that by appearing
and participating in the investigation
and not contesting jurisdiction, the
parties have consented to personal
jurisdiction at the Commission. ID at 17.
The ID also found that the Commission
has in rem jurisdiction over the accused
products. Id. The ID further found that
the importation requirement under 19
U.S.C. 1337(a)(1)(B) is satisfied. Id. at 16
(citing JX–0015C, JX–0016C, JX–0017C,
JX–0018C (stipulations between the
parties as to importation)). The ID,
however, found that Causam failed to
demonstrate that it has standing to
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17:12 Feb 22, 2023
Jkt 259001
assert a claim of infringement for any of
the Asserted Patents. Id. at 17–26. The
ID also found that Causam failed to
prove infringement of the asserted
claims, and that Respondents failed to
show that any of the asserted claims are
invalid. Id. at 40–120, 177–224. Finally,
the ID found that Causam proved the
existence of a domestic industry that
practices the Asserted Patents as
required by 19 U.S.C. 1337(a)(2). Id. at
120–177. The ID included the CALJ’s
recommended determination on remedy
and bonding (‘‘RD’’). The RD
recommended that, should the
Commission find a violation, issuance
of a limited exclusion order and cease
and desist orders would be appropriate.
ID/RD at 225–230. The RD also
recommended imposing a bond in the
amount of one hundred percent (100%)
of entered value for covered products
imported during the period of
Presidential review. Id. at 230–32.
On November 28, 2022, Causam filed
a petition for review of the ID and
Respondents filed a contingent petition
for review of the ID. On December 6,
2022, the parties filed responses to the
petitions.
Having reviewed the record of the
investigation, including the final ID, the
parties’ submissions, the petitions for
review, and the response thereto, the
Commission has determined to review
the final ID in part. Specifically, the
Commission has determined to review
(1) the final ID’s findings as to Causam’s
standing to assert infringement of the
asserted patents; (2) the final ID’s
findings on obviousness; and (3) the
final ID’s domestic industry findings.
The Commission, upon review, takes
no position on (1) whether Causam has
standing to assert infringement of the
asserted patents; (2) whether the
asserted patent claims are invalid for
obviousness; and (3) whether Causam
satisfied the technical or economic
prongs of the domestic industry
requirement. The Commission adopts
all findings in the final ID that are not
inconsistent with the Commission’s
determination.
The investigation is terminated with a
finding of no violation of section 337.
The Commission vote for this
determination took place on February 16,
2023.
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.
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Issued: February 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–03703 Filed 2–22–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–201–076 (Evaluation)]
Large Residential Washers: Evaluation
of the Effectiveness of Import Relief
United States International
Trade Commission.
ACTION: Institution and scheduling of an
investigation under section 204(d) of the
Trade Act of 1974.
AGENCY:
Pursuant to section 204(d) of
the Trade Act of 1974 (‘‘the Act’’), the
Commission has instituted investigation
No. TA–201–076, Large Residential
Washers: Evaluation of the Effectiveness
of Import Relief, for the purpose of
evaluating the effectiveness of the relief
action imposed by the President on
imports of large residential washers and
parts thereof under section 203 of the
Act, which terminated on February 7,
2023.
DATES: February 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Kristina Lara (202–205–3386), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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 (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On January 23, 2018,
the President, pursuant to section 203 of
the Act (19 U.S.C. 2253), issued
Proclamation 9694, imposing a
safeguard measure on imports of certain
large residential washers and parts
thereof in the form of tariff-rate quotas.
The proclamation was published in the
Federal Register on January 25, 2018
(83 FR 3553). The measure took effect
on February 7, 2018, for a period of
three years and one day, or through
February 7, 2021, as modified by
Proclamation 9887 of May 16, 2019 (84
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11473-11474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03703]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1277]
Certain Smart Thermostats, Load Control Switches, and Components
Thereof; Notice of a Commission Determination To Review in Part a Final
Initial Determination Finding No Violation of Section 337, and on
Review, To Affirm With Certain Modifications; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review in part a final
initial determination (``ID'') of the presiding administrative law
judge (``ALJ''), finding no violation of section 337, and on review, to
affirm with certain modifications set forth herein. The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On September 2, 2021, the Commission
instituted this investigation based on a complaint filed by Causam
Enterprises, Inc. (``Causam'') of Raleigh, North Carolina. 86 FR 49345-
46 (Sept. 2, 2021). The complaint alleged violations of section 337
based on the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain smart thermostats, load control switches, and components
thereof by reason of infringement of one or more of claims 1-9, 16, 19-
21, 23-28, and 30 of U.S. Patent No. 8,805,552 (``the '552 patent'');
claims 1-8, 10, 13-17, 19-23, and 25-29 of U.S. Patent No. 9,678,522
(``the '522 patent''); claims 1-11, 13-16, 18, and 19 of U.S. Patent
No. 10,394,268
[[Page 11474]]
(``the '268 patent''); and claims 1, 2, 8, 9, 11, 13, 14, and 17 of
U.S. Patent No. 10,396,592 (``the '592 patent'') (collectively,
``Asserted Patents''). Id. The Commission's notice of investigation
named the following nine entities as respondents: Alarm.com Holdings,
Inc. of Tysons, Virginia; Alarm.com Inc. of Tysons, Virginia; Ecobee,
Inc. of Toronto, Ontario, Canada; EnergyHub, Inc. of Brooklyn, New
York; Itron, Inc. of Liberty Lake, Washington; Itron Distributed Energy
Management, Inc. of Liberty Lake, Washington (``Itron Distributed'');
Resideo Smart Homes Technology (Tianjin) of Tianjin, China; Resideo
Technologies, Inc. of Austin, Texas (``Resideo Technologies''); and
Xylem Inc., of Rye Brook, New York (``Xylem''). The Office of Unfair
Import Investigations was not named as a party in this investigation.
Id.
On December 10, 2021, the ALJ issued an ID granting a motion to
terminate the investigation as to Xylem based upon settlement. Order
No. 7 (Dec. 10, 2021), unreviewed by Comm'n Notice (Jan. 10, 2022).
On April 21, 2022, the ALJ issued an ID granting a motion (1) to
amend the complaint and notice of investigation to substitute new
respondent Ademco Inc. of Melville, New York for respondent Resideo
Technologies and (2) to terminate the investigation as to respondent
Itron Distributed; claim 21 of the '552 patent; claims 5, 14, and 17 of
the '522 patent; claims 5, 13, and 16 of the '268 patent; and claims 8
and 9 of the '592 patent based upon withdrawal of the allegations in
the complaint. Order No. 12 (Apr. 21, 2022), unreviewed by Comm'n
Notice (May 17, 2022).
The Chief ALJ (``CALJ'') held an evidentiary hearing from June 28-
July 1, 2022 and received post-hearing briefs thereafter (this
investigation was reassigned from ALJ Shaw to Chief ALJ Cheney on June
17, 2022).
On November 16, 2022, the CALJ issued the final ID finding no
violation of section 337 as to the asserted patent claims. The ID found
that by appearing and participating in the investigation and not
contesting jurisdiction, the parties have consented to personal
jurisdiction at the Commission. ID at 17. The ID also found that the
Commission has in rem jurisdiction over the accused products. Id. The
ID further found that the importation requirement under 19 U.S.C.
1337(a)(1)(B) is satisfied. Id. at 16 (citing JX-0015C, JX-0016C, JX-
0017C, JX-0018C (stipulations between the parties as to importation)).
The ID, however, found that Causam failed to demonstrate that it has
standing to assert a claim of infringement for any of the Asserted
Patents. Id. at 17-26. The ID also found that Causam failed to prove
infringement of the asserted claims, and that Respondents failed to
show that any of the asserted claims are invalid. Id. at 40-120, 177-
224. Finally, the ID found that Causam proved the existence of a
domestic industry that practices the Asserted Patents as required by 19
U.S.C. 1337(a)(2). Id. at 120-177. The ID included the CALJ's
recommended determination on remedy and bonding (``RD''). The RD
recommended that, should the Commission find a violation, issuance of a
limited exclusion order and cease and desist orders would be
appropriate. ID/RD at 225-230. The RD also recommended imposing a bond
in the amount of one hundred percent (100%) of entered value for
covered products imported during the period of Presidential review. Id.
at 230-32.
On November 28, 2022, Causam filed a petition for review of the ID
and Respondents filed a contingent petition for review of the ID. On
December 6, 2022, the parties filed responses to the petitions.
Having reviewed the record of the investigation, including the
final ID, the parties' submissions, the petitions for review, and the
response thereto, the Commission has determined to review the final ID
in part. Specifically, the Commission has determined to review (1) the
final ID's findings as to Causam's standing to assert infringement of
the asserted patents; (2) the final ID's findings on obviousness; and
(3) the final ID's domestic industry findings.
The Commission, upon review, takes no position on (1) whether
Causam has standing to assert infringement of the asserted patents; (2)
whether the asserted patent claims are invalid for obviousness; and (3)
whether Causam satisfied the technical or economic prongs of the
domestic industry requirement. The Commission adopts all findings in
the final ID that are not inconsistent with the Commission's
determination.
The investigation is terminated with a finding of no violation
of section 337.
The Commission vote for this determination took place on
February 16, 2023.
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: February 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03703 Filed 2-22-23; 8:45 am]
BILLING CODE 7020-02-P
