Certain Video Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation, 20552-20553 [2023-07165]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 20552 Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices 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 ‘‘RF microneedling dermatological treatment devices and components thereof’’; (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: Serendia, LLC, 23792 Rockfield Blvd., Lake Forest, CA 92630. (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: Sung Hwan E&B Co., LTD., d/b/a SHEnB Co. LTD., SHENB Building, 148 Seongsui-ro, Seongdong-gu, 04796 Seoul, Republic of Korea Aesthetics Biomedical, Inc., 4602 N 16th St., Suite 300, Phoenix, AZ 85016 Cartessa Aesthetics, LLC, 75 Broadhollow Road, Melville, NY 11747 Lutronic Corporation, Lutronic Center, 219 Sowon-ro, Deogyang-gu, Goyangsi, Gyeonggi-do 10534, Republic of Korea Lutronic Aesthetics, Inc. AKA Lutronic, Inc., 19 Fortune Dr., Billerica, MA 01821 Lutronic, LLC, 19 Fortune Dr., Billerica, MA 01821 Ilooda Co., Ltd., Building B. 9 Floor, IS BIZ Tower Central 25, Deokcheon-ro 152beon-gil, Manan-gu, Anyang-si, Gyeonggi-do, Republic of Korea Cutera, Inc., 3240 Bayshore Blvd., Brisbane, CA 94005 Jeisys Medical Inc., Daeryung Techno Town 8th, Gasang-dong, Room 307, 96 Gamasan-ro, Geumcheon-gu, Seoul 08501, Republic of Korea Cynosure, LLC, 5 Carlisle Rd., Westford, MA 01886 Rohrer Aesthetics, LLC, 105 Citation Ct., Homewood, AL 35209 Rohrer Aesthetics, Inc., 105 Citation Ct., Homewood, AL 35209 EndyMed Medical Ltd., 7 Bareket Street, North Industrial Park, Caesarea, 3097612 Israel EndyMed Medical, Ltd., 790 Madison Ave., Suite 402, New York, NY 10065 EndyMed Medical Inc., 4400 Route 9 South, Suite #1000, Freehold, NJ 07728 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, VerDate Sep<11>2014 21:13 Apr 05, 2023 Jkt 259001 U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents 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 a 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. 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). By order of the Commission. Issued: March 31, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–07159 Filed 4–5–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and the Philippines; Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). Frm 00087 Fmt 4703 Sfmt 4703 Background The Commission instituted these reviews on November 1, 2022 (87 FR 65819) and determined on February 6, 2023 that it would conduct expedited reviews (88 FR 11954, February 24, 2023). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on March 31, 2023. The views of the Commission are contained in USITC Publication 5415 (March 2023), entitled Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines: Investigation Nos. 731– TA–865–867 (Fourth Review). By order of the Commission. Issued: March 31, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–07163 Filed 4–5–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1281] Certain Video Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same; Notice of the Commission’s Final Determination Finding No Violation of Section 337; Termination of the Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has found no violation of section 337 of the Tariff Act of 1930, as amended, in the abovecaptioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. Copies of non-confidential documents filed in connection with this investigation may be viewed on the SUMMARY: [Investigation Nos. 731–TA–865–867 (Fourth Review)] PO 00000 Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. E:\FR\FM\06APN1.SGM 06APN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices 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: On September 14, 2021, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Motorola Solutions, Inc. of Chicago, Illinois (‘‘Motorola Solutions’’); Avigilon Corporation of British Columbia, Canada; Avigilon Fortress Corporation of British Columbia, Canada; Avigilon Patent Holding 1 Corporation of British Columbia, Canada (‘‘Avigilon Patent Holding’’); and Avigilon Technologies Corporation of British Columbia, Canada (collectively, ‘‘Complainants’’). See 86 FR 51182–83 (Sept. 14, 2021). The complaint alleges a violation of section 337 based upon the importation into the United States, sale for importation, or sale within the United States after importation of certain video security equipment and systems, related software, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 7,868,912 (‘‘the ’912 patent’’); 10,726,312 (‘‘the ’312 patent’’); and 8,508,607 (‘‘the ’607 patent’’) (collectively, ‘‘the Asserted Patents’’). Id. The complaint further alleges that a domestic industry exists. Id. The notice of investigation (‘‘NOI’’) names Verkada Inc. of San Mateo, California (‘‘Verkada’’) as the only respondent. Id. The complaint and NOI were previously amended to reflect the transfer of all right, title, and interest in: (1) the ’312 patent from Avigilon Corporation to Motorola Solutions; (2) the ’912 patent from Avigilon Fortress Corporation to Motorola Solutions; and (3) the ’607 patent from Avigilon Patent Holding to Motorola Solutions. Order No. 7 (Dec. 28, 2021), unreviewed by 87 FR 4658–59 (Jan. 28, 2022). The complaint and NOI were further amended to add a new licensee, Avigilon USA Corporation of Dallas, Texas, as an additional complainant. Id. The Commission previously terminated the investigation as to claims 4 and 10–12 of the ’312 patent based on Complainants’ partial withdrawal of the complaint. Order No. 58 (June 14, 2022), VerDate Sep<11>2014 21:13 Apr 05, 2023 Jkt 259001 unreviewed by Comm’n Notice (June 30, 2022). The Commission also previously terminated the investigation as to claims 6, 15, 25, and 26 of the ’607 patent based on Complainants’ partial withdrawal of the complaint. Order No. 59 (July 13, 2022), unreviewed by Comm’n Notice (Aug. 4, 2022). On October 24, 2022, the presiding administrative law judge (‘‘ALJ’’) issued a final initial determination (‘‘FID’’) finding that a violation of section 337 has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation, of certain video security equipment and systems, related software, components thereof, and products containing same that infringe claims 6–11 of the ’912 patent. The FID further finds no violation of section 337 with respect to the remaining asserted claims of the ’912 patent, or as to the ’312 patent or the ’607 patent. The FID includes the ALJ’s recommended determination on remedy, the public interest, and bonding should the Commission find a violation of section 337. On November 23, 2022, Complainants and Verkada each filed a submission on the public interest pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). No submissions were received in response to the Commission notice seeking public interest submissions. 87 FR 65827–28 (Nov. 1, 2022). On January 12, 2023, the Commission determined to review the FID in part. 88 FR 3435–37 (Jan. 19, 2023). Specifically, the Commission determined to review the FID’s findings: (1) regarding ‘‘subject matter jurisdiction’’; (2) that certain accused products infringe claims 6–11 of the ’912 patent and finding a violation of section 337 as to those claims; and (3) that asserted claims 6– 11 of the ’912 patent are not invalid as anticipated or obvious. Id. The Commission asked the parties to address three questions related to the issues under review with respect to the ’912 patent. Id. On January 27, 2023, Complainants and Verkada each filed an initial written response to the Commission’s request for briefing. On February 3, 2023, Complainants and Verkada each filed a reply submission. Having reviewed the record of the investigation, including the FID and the parties’ submissions, the Commission has determined to find no violation of section 337 with respect to the ’912 patent. Specifically, the Commission has determined to: (1) vacate the FID’s finding that the Commission has ‘‘subject matter jurisdiction’’ because PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 20553 ‘‘subject matter jurisdiction’’ does not apply to administrative agencies; (2) affirm and supplement the FID’s finding that respondent Verkada failed to demonstrate the Video Surveillance and Monitoring (‘‘VSAM’’) testbed system as allegedly disclosed in multiple documents existed as prior art; (3) reverse the FID’s finding that asserted claims 6–11 of the ’912 patent are not anticipated by ‘‘Event Detection and Analysis from Video Streams’’ by Medioni et al., published in the IEEE Transactions on Pattern Analysis and Machine Intelligence, Vol. 23, No. 8 in August 2001 (‘‘Medioni’’); (4) affirm and supplement the FID’s finding that asserted claims 6–11 of the ’912 patent are not rendered obvious by Medioni in combination with the asserted VSAM testbed; and (5) take no position on the issue of infringement of claims 6–11 of the ’912 patent. The investigation is terminated with a finding of no violation of section 337. The Commission’s reasoning in support of its determinations is set forth more fully in its opinion. The Commission vote for this determination took place on March 31, 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: March 31, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–07165 Filed 4–5–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–539–C (Fifth Review)] Uranium From Russia Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that termination of the suspended investigation on uranium from Russia would be likely to lead to continuation or recurrence of material injury to an industry in the United 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20552-20553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07165]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1281]


Certain Video Security Equipment and Systems, Related Software, 
Components Thereof, and Products Containing Same; Notice of the 
Commission's Final Determination Finding No Violation of Section 337; 
Termination of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has found no violation of section 337 of 
the Tariff Act of 1930, as amended, in the above-captioned 
investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the

[[Page 20553]]

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: On September 14, 2021, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Motorola Solutions, Inc. of Chicago, Illinois 
(``Motorola Solutions''); Avigilon Corporation of British Columbia, 
Canada; Avigilon Fortress Corporation of British Columbia, Canada; 
Avigilon Patent Holding 1 Corporation of British Columbia, Canada 
(``Avigilon Patent Holding''); and Avigilon Technologies Corporation of 
British Columbia, Canada (collectively, ``Complainants''). See 86 FR 
51182-83 (Sept. 14, 2021). The complaint alleges a violation of section 
337 based upon the importation into the United States, sale for 
importation, or sale within the United States after importation of 
certain video security equipment and systems, related software, 
components thereof, and products containing same by reason of 
infringement of certain claims of U.S. Patent Nos. 7,868,912 (``the 
'912 patent''); 10,726,312 (``the '312 patent''); and 8,508,607 (``the 
'607 patent'') (collectively, ``the Asserted Patents''). Id. The 
complaint further alleges that a domestic industry exists. Id. The 
notice of investigation (``NOI'') names Verkada Inc. of San Mateo, 
California (``Verkada'') as the only respondent. Id.
    The complaint and NOI were previously amended to reflect the 
transfer of all right, title, and interest in: (1) the '312 patent from 
Avigilon Corporation to Motorola Solutions; (2) the '912 patent from 
Avigilon Fortress Corporation to Motorola Solutions; and (3) the '607 
patent from Avigilon Patent Holding to Motorola Solutions. Order No. 7 
(Dec. 28, 2021), unreviewed by 87 FR 4658-59 (Jan. 28, 2022). The 
complaint and NOI were further amended to add a new licensee, Avigilon 
USA Corporation of Dallas, Texas, as an additional complainant. Id.
    The Commission previously terminated the investigation as to claims 
4 and 10-12 of the '312 patent based on Complainants' partial 
withdrawal of the complaint. Order No. 58 (June 14, 2022), unreviewed 
by Comm'n Notice (June 30, 2022). The Commission also previously 
terminated the investigation as to claims 6, 15, 25, and 26 of the '607 
patent based on Complainants' partial withdrawal of the complaint. 
Order No. 59 (July 13, 2022), unreviewed by Comm'n Notice (Aug. 4, 
2022).
    On October 24, 2022, the presiding administrative law judge 
(``ALJ'') issued a final initial determination (``FID'') finding that a 
violation of section 337 has occurred in the importation into the 
United States, the sale for importation, or the sale within the United 
States after importation, of certain video security equipment and 
systems, related software, components thereof, and products containing 
same that infringe claims 6-11 of the '912 patent. The FID further 
finds no violation of section 337 with respect to the remaining 
asserted claims of the '912 patent, or as to the '312 patent or the 
'607 patent. The FID includes the ALJ's recommended determination on 
remedy, the public interest, and bonding should the Commission find a 
violation of section 337.
    On November 23, 2022, Complainants and Verkada each filed a 
submission on the public interest pursuant to Commission Rule 
210.50(a)(4) (19 CFR 210.50(a)(4)). No submissions were received in 
response to the Commission notice seeking public interest submissions. 
87 FR 65827-28 (Nov. 1, 2022).
    On January 12, 2023, the Commission determined to review the FID in 
part. 88 FR 3435-37 (Jan. 19, 2023). Specifically, the Commission 
determined to review the FID's findings: (1) regarding ``subject matter 
jurisdiction''; (2) that certain accused products infringe claims 6-11 
of the '912 patent and finding a violation of section 337 as to those 
claims; and (3) that asserted claims 6-11 of the '912 patent are not 
invalid as anticipated or obvious. Id. The Commission asked the parties 
to address three questions related to the issues under review with 
respect to the '912 patent. Id.
    On January 27, 2023, Complainants and Verkada each filed an initial 
written response to the Commission's request for briefing. On February 
3, 2023, Complainants and Verkada each filed a reply submission.
    Having reviewed the record of the investigation, including the FID 
and the parties' submissions, the Commission has determined to find no 
violation of section 337 with respect to the '912 patent. Specifically, 
the Commission has determined to: (1) vacate the FID's finding that the 
Commission has ``subject matter jurisdiction'' because ``subject matter 
jurisdiction'' does not apply to administrative agencies; (2) affirm 
and supplement the FID's finding that respondent Verkada failed to 
demonstrate the Video Surveillance and Monitoring (``VSAM'') testbed 
system as allegedly disclosed in multiple documents existed as prior 
art; (3) reverse the FID's finding that asserted claims 6-11 of the 
'912 patent are not anticipated by ``Event Detection and Analysis from 
Video Streams'' by Medioni et al., published in the IEEE Transactions 
on Pattern Analysis and Machine Intelligence, Vol. 23, No. 8 in August 
2001 (``Medioni''); (4) affirm and supplement the FID's finding that 
asserted claims 6-11 of the '912 patent are not rendered obvious by 
Medioni in combination with the asserted VSAM testbed; and (5) take no 
position on the issue of infringement of claims 6-11 of the '912 
patent.
    The investigation is terminated with a finding of no violation of 
section 337. The Commission's reasoning in support of its 
determinations is set forth more fully in its opinion.
    The Commission vote for this determination took place on March 31, 
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: March 31, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-07165 Filed 4-5-23; 8:45 am]
BILLING CODE 7020-02-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.