Certain Electronic Anti-Theft Shopping Cart Wheels, Components Thereof and Systems Containing the Same; Institution of Investigation, 21711-21712 [2023-07523]

Download as PDF Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 related processes. The remainder of the minimum bid and bonus bid will be deposited with the U.S. Treasury. Neither amount will be returned or refunded to the successful bidder(s) under any circumstance. Only interests in issued right-of-way grants or leases are assignable under the regulations at 43 CFR 2807.21. The interest acquired by the successful bidder or preferred applicant from this auction may not be assigned or sold to another party prior to the issuance of a right-of-way grant or lease. The successful bidder may, however, continue to pursue their application if the successful bidder becomes a wholly owned subsidiary of a new third party. Section 50265(b)(1) of the Inflation Reduction Act (codified at 43 U.S.C. 3006(b)(1)) conditions the issuance of rights-of-way for wind or solar energy development on public lands on (1) the BLM having held an onshore oil and gas lease sale during the 120-day period before the issuance of the wind or solar energy development right-of-way on public lands, and (2) the BLM having offered—in the one-year period preceding the date of the issuance of the wind or solar lease or grant—the lesser of 2 million acres or 50 percent of the oil and gas acreage for which expressions of interest had been submitted in that year. For Parcels A and B, the BLM will ensure compliance with these provisions prior to issuing the solar development right-of-way lease to the successful bidder, if any. For Parcels 1 and 2, the BLM will ensure compliance with these provisions prior to issuance of solar energy development right-of-way grants, should solar development be approved in the future. Default Procedures If the requirements listed in this Notice are not satisfied by the successful bidder as described, it will be considered default, and the BLM will keep all money that has been submitted and will not offer that bidder a right-ofway lease (Parcels A and B) or identify that bidder as the preferred ROW applicant (Parcels 1 and 2). In that event, the BLM may identify the next highest bidder as the successful bidder (then follow procedures in this Notice for the successful bidder) or re-offer the lands through another competitive process. If a bidder is the apparent successful bidder with respect to multiple parcels and that bidder fails to meet the requirements described in this Notice resulting in default on any single parcel, the BLM will cancel all parcels to that bidder and will keep all money that has been submitted. VerDate Sep<11>2014 17:45 Apr 10, 2023 Jkt 259001 Segregation—Parcel 1 and Parcel 2 Regulations found at 43 CFR 2091.3– 1(e) and 2804.25(f) allow the BLM to segregate public lands for potential rights-of-way when initiating a competitive process for solar energy development from the operation of the public land laws, including the Mining Law, by publication of a Federal Register notice. The BLM uses this authority to preserve its ability to approve, approve with modifications, or deny proposed rights-of-way and to facilitate the orderly administration of the public lands. This segregation is subject to valid existing rights, including existing mining claims located before this segregation notice. Licenses, permits, cooperative agreements, or discretionary land use authorizations of a temporary nature that would not impact lands identified in this notice may be allowed with the approval of a BLM authorized officer during the segregation period. As provided in the regulations, the segregation of lands described in this notice as Parcel 1 and Parcel 2 will not exceed 2 years from the date of publication unless extended for an additional 2 years through publication of a new notice in the Federal Register. The segregation period will terminate and the land will automatically reopen to appropriation under the public land laws, including the mining law, at the earliest of the following dates: upon issuance of a decision by the authorized officer granting, granting with modifications, or denying the application for a right-of-way; without further administrative action at the end of the segregation provided for in the Federal Register notice initiating the segregation; or upon publication of a Federal Register notice terminating the segregation. Upon termination of the segregation of these lands, all lands subject to this segregation would automatically reopen to appropriation under the public land laws, including the mining law. Joseph Varner, Acting Field Manager—Pahrump Field Office. [FR Doc. 2023–07568 Filed 4–10–23; 8:45 am] BILLING CODE 4331–21–P PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 21711 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1357] Certain Electronic Anti-Theft Shopping Cart Wheels, Components Thereof and Systems 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 March 8, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Gatekeeper Systems, Inc. of Foothill Ranch, California. 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 electronic anti-theft shopping cart wheels, components thereof, and systems containing the same by reason of the infringement of certain claims of U.S. Patent No. 8,463,540 (‘‘the ’540 Patent’’), U.S. Patent No. 9,091,551 (‘‘the ’551 Patent’’), U.S. Patent No. 9,637,151 (‘‘the ’151 Patent’’), U.S. Patent No. 11,230,313 (‘‘the ’313 Patent’’), and U.S. Patent No. 11,358,621 (‘‘the ’621 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: Katherine Hiner, Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\11APN1.SGM 11APN1 lotter on DSK11XQN23PROD with NOTICES1 21712 Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Notices 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). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on April 5, 2023, 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, 2, 6–9, 11, 12, 14, 19, 22, 35, 41, 44, 45, and 47 of the ’540 patent; claims 6, 8, 10, 13, 14, 17, 18, 21, and 22 of the ’551 patent; claim 15 of the ’151 patent; claims 1, 8, 13, and 23 of the ’313 patent; and claims 1, 13, 15, 20, and 25 of the ’621 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: ‘‘anti-theft tracking systems for shopping carts that include (1) a wheel assembly that includes a braking mechanism and transceivers for transmitting and receiving RF signals; (2) a transmitter placed at a store checkout area for transmitting RF signals to the wheel assembly; and (3) a transceiver placed at a store exit for transmitting and receiving RF signals to and from the wheel assembly’’; (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: Gatekeeper Systems, Inc., 90 Icon, Foothill Ranch, CA 92610 (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: Rocateq International B.V., Ebweg 2, Barendrecht, 2991LT, The Netherlands; Rocateq USA, LLC, 551 5th Street, Unit D/2, San Fernando, CA 91340; Zhuhai Rocateq Technology Company Ltd. D, 3rd Floor 1# Factory 8, Chuang Xin Liu VerDate Sep<11>2014 17:45 Apr 10, 2023 Jkt 259001 Road Xiangzhou District, Zhuhai, Guangdong, 519085 China (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 be participating as a party in this investigation. Responses to the complaint and the notice of institution 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 institution of investigation. Extensions of time for submitting responses to the complaint and the notice of institution 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. By order of the Commission. Issued: April 5, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–07523 Filed 4–10–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1270] Certain Casual Footwear and Packaging Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation; Request for Written Submissions on the Issues Under Review, Remedy, Bonding, and the Public Interest U.S. International Trade Commission. AGENCY: PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 ACTION: Notice. Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to review in part a final initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337 and to solicit briefing from the parties on the issues under review, as well as briefing from the parties, interested government agencies, and any other interested parties on the issues of remedy, bonding, and the public interest. SUMMARY: Carl P. Bretscher, Esq., 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 (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 July 9, 2021, based on a complaint filed by Crocs, Inc. of Broomfield, Colorado (‘‘Crocs’’). 86 FR 36303–304 (July 9, 2021). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the United States, sale for importation, or sale in the United States after importation of certain casual footwear and packaging thereof by reason of infringement, false designation of origin, and dilution of one of more of U.S. Trademark Registration Nos. 5,149,328; 5,273,875 (collectively, the ‘‘3D Marks’’); and 3,836,415 (‘‘the Word Mark’’) (all collectively, ‘‘the Asserted Marks’’). Id. The complaint alleges that a domestic industry exists, and that the threat or effect of certain alleged violations is to destroy or substantially injure an industry in the United States. Id. The Commission’s notice of investigation named numerous respondents, including: Hobby Lobby Stores, Inc. of Oklahoma City, Oklahoma (‘‘Hobby Lobby’’); Quanzhou ZhengDe Network Corp. d/b/a Amoji of FOR FURTHER INFORMATION CONTACT: E:\FR\FM\11APN1.SGM 11APN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21711-21712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07523]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1357]


Certain Electronic Anti-Theft Shopping Cart Wheels, Components 
Thereof and Systems Containing the Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 8, 2023, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Gatekeeper Systems, 
Inc. of Foothill Ranch, California. 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 electronic anti-theft shopping cart wheels, 
components thereof, and systems containing the same by reason of the 
infringement of certain claims of U.S. Patent No. 8,463,540 (``the '540 
Patent''), U.S. Patent No. 9,091,551 (``the '551 Patent''), U.S. Patent 
No. 9,637,151 (``the '151 Patent''), U.S. Patent No. 11,230,313 (``the 
'313 Patent''), and U.S. Patent No. 11,358,621 (``the '621 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 
[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: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 

[[Page 21712]]

    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).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 5, 2023, 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, 2, 6-9, 11, 12, 14, 19, 22, 35, 41, 44, 45, and 47 of the 
'540 patent; claims 6, 8, 10, 13, 14, 17, 18, 21, and 22 of the '551 
patent; claim 15 of the '151 patent; claims 1, 8, 13, and 23 of the 
'313 patent; and claims 1, 13, 15, 20, and 25 of the '621 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: ``anti-theft tracking 
systems for shopping carts that include (1) a wheel assembly that 
includes a braking mechanism and transceivers for transmitting and 
receiving RF signals; (2) a transmitter placed at a store checkout area 
for transmitting RF signals to the wheel assembly; and (3) a 
transceiver placed at a store exit for transmitting and receiving RF 
signals to and from the wheel assembly'';
    (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: Gatekeeper Systems, Inc., 90 Icon, Foothill 
Ranch, CA 92610
(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: Rocateq International B.V., Ebweg 2, Barendrecht, 
2991LT, The Netherlands; Rocateq USA, LLC, 551 5th Street, Unit D/2, 
San Fernando, CA 91340; Zhuhai Rocateq Technology Company Ltd. D, 3rd 
Floor 1# Factory 8, Chuang Xin Liu Road Xiangzhou District, Zhuhai, 
Guangdong, 519085 China

    (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 be 
participating as a party in this investigation.
    Responses to the complaint and the notice of institution 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 institution of investigation. Extensions of time for submitting 
responses to the complaint and the notice of institution 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.

    By order of the Commission.

    Issued: April 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-07523 Filed 4-10-23; 8:45 am]
BILLING CODE 7020-02-P

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