Certain Wet Dry Surface Cleaning Devices; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 52208-52209 [2023-16741]
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52208
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1304]
Certain Wet Dry Surface Cleaning
Devices; Notice of a Commission
Determination To Review in Part a
Final Initial Determination Finding a
Violation of Section 337; Request for
Written Submissions on Remedy, the
Public Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part a final initial determination
(‘‘FID’’) issued by the Chief
Administrative Law Judge (‘‘CALJ’’),
finding a violation of section 337 as to
U.S. Patent Nos. 11,076,735 (‘‘the ’735
patent’’) and 11,071,428 (‘‘the ’428
patent’’) and no violation of section 337
as to U.S. Patent Nos. 11,122,949 (‘‘the
’949 patent’’), 10,820,769 (‘‘the ’769
patent’’), and 11,096,541 (‘‘the ’541
patent’’), in the above-captioned
investigation. The Commission also
requests written submissions from the
parties, interested government agencies,
and other interested persons on the
issues of remedy, the public interest,
and bonding, under the schedule set
forth below.
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
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 March
9, 2022, 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 Bissell Inc. and
Bissell Homecare, Inc., both of Grand
Rapids, Michigan (collectively,
‘‘Complainants’’). See 87 FR 13311–12
(March 9, 2022). The complaint, as
supplemented, alleges violations of
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:58 Aug 04, 2023
Jkt 259001
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 wet dry surface cleaning devices
by reason of infringement of certain
claims of the ’735 patent, the ’428
patent, the ’949 patent, the ’541 patent,
and the ’769 patent. Id. The complaint
further alleges that a domestic industry
exists. Id. The notice of investigation
names as respondents Tineco Intelligent
Technology Co., Ltd. of Suzhou City,
China; TEK (Hong Kong) Science &
Technology Ltd. of Hong Kong; and
Tineco Intelligent, Inc. of Seattle,
Washington (collectively,
‘‘Respondents’’). Id. The Office of Unfair
Import Investigations is not
participating in this investigation.
On March 24, 2023, the CALJ issued
the 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 wet dry surface cleaning devices
that infringe asserted claims 1, 13, and
15 of the ’735 patent and asserted claim
1 of the ’428 patent. The FID further
finds no violation of section 337 with
respect to the asserted claims of the ’949
patent, the ’769 patent, and the ’541
patent. On April 7, 2023, the CALJ
issued a recommended determination
(‘‘RD’’) on remedy and bonding should
the Commission find a violation of
section 337. Specifically, if a violation
is found, the RD recommends the
Commission issue a limited exclusion
order directed to the infringing products
and cease and desist orders directed to
each of the Respondents. The RD further
recommends setting a bond of $49.01 for
infringing iFloor 3 products, $99.01 for
infringing Floor ONE S3 products, and
$0 for all other infringing accused
products for any importations of
infringing products during the period of
Presidential review.
On April 7, 2023, Complainants filed
a combined petition and contingent
petition requesting review of certain
findings. Specifically, Complainants
seek review of the FID’s noninfringement findings as to the ’949,
’541, and ’769 patents, finding that
Complainants failed to satisfy the
technical prong for the ’541 patent,
finding that certain redesigned accused
products do not infringe the ’735 and
’428 patents, and waiver of
Complainants’ infringement argument
as to the ’428 patent. Complainants also
seek contingent review of certain
economic prong findings. That same
day, Respondents filed a combined
petition and contingent petition
requesting review of certain findings.
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
Specifically, Respondents seek review
of the FID’s findings that the original
accused products infringe the ’735 and
’428 patents, that the asserted claims of
the ’735 and ’428 patents are not
invalid, that Complainants satisfied the
technical prong of the domestic industry
requirement as to the ’735 and ’428
patents, and that Complainants satisfied
the economic prong of the domestic
industry requirement for all of the
Asserted Patents. See RPet. Respondents
also seek contingent review of the FID’s
findings that the asserted claims of the
’949, ’541, and ’769 patents are not
invalid. On April 17, 2023,
Complainants and Respondents filed
their respective responses to the
petitions for review.
On May 8, 2023, Representative
Hillary J. Scholten submitted a response
to the Commission’s notice seeking
public interest submissions. EDIS Doc.
ID 795898; see 88 FR 22479–80 (Apr. 13,
2023). On May 9, 2023, Complainants
filed a submission on the public interest
pursuant to Commission Rule
210.50(a)(4). 19 CFR 210.50(a)(4).
Having reviewed the record of the
investigation, including the FID, the
parties’ submissions to the CALJ, the
petitions for review, and the responses
thereto, the Commission has determined
to review the FID in part. Specifically,
the Commission has determined to
review: (1) the FID’s infringement
findings for the ’949, ’769, and ’541
patents; (2) the FID’s technical prong
findings for the ’541 patent; (3) the FID’s
invalidity findings for the ’735 and ’428
patents; and (4) the FID’s economic
prong findings. The Commission has
determined not to review any other
findings presented in the FID.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of, inter alia,
(1) an exclusion order that could result
in the exclusion of the subject articles
from entry into the United States; and/
or (2) a cease and desist order that could
result in the respondent being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
E:\FR\FM\07AUN1.SGM
07AUN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Notices
Pub. No. 2843, Comm’n Op. at 7–10
(Dec. 1994).
The statute requires the Commission
to consider the effects of that remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order and a cease and desist
order would have on: (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve,
disapprove, or take no action on the
Commission’s determination. See
Presidential Memorandum of July 21,
2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the
CALJ on remedy and bonding.
In their initial submission,
Complainants are also requested to
identify the remedy sought and
Complainants are requested to submit
proposed remedial orders for the
Commission’s consideration.
Complainants are further requested to
state the dates that the Asserted Patents
expire, to provide the HTSUS
subheadings under which the accused
products are imported, and to supply
the identification information for all
known importers of the products at
issue in this investigation. The initial
written submissions and proposed
remedial orders must be filed no later
than close of business on August 15,
2023. Reply submissions must be filed
no later than the close of business on
August 22, 2023. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission. Opening submissions
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18:58 Aug 04, 2023
Jkt 259001
are limited to 20 pages. Reply
submissions are limited to 10 pages.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798
(March 19, 2020). Submissions should
refer to the investigation number (Inv.
No. 337–TA–1304) in a prominent place
on the cover page and/or the first page.
(See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf). Persons with questions
regarding filing should contact the
Secretary, (202) 205–2000.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment by marking each document
with a header indicating that the
document contains confidential
information. This marking will be
deemed to satisfy the request procedure
set forth in Rules 201.6(b) and
210.5(e)(2) (19 CFR 201.6(b) &
210.5(e)(2)). Documents for which
confidential treatment by the
Commission is properly sought will be
treated accordingly. Any non-party
wishing to submit comments containing
confidential information must serve
those comments on the parties to the
investigation pursuant to the applicable
Administrative Protective Order. A
redacted non-confidential version of the
document must also be filed with the
Commission and served on any parties
to the investigation within two business
days of any confidential filing. 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, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection on EDIS.
The Commission vote for this
determination took place on August 1,
2023.
The authority for the Commission’s
determination is contained in section
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
52209
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: August 1, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–16741 Filed 8–4–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1323]
Certain Video Processing Devices and
Products Containing the Same; Notice
of Commission Decision To Review
and, on Review, To Affirm With
Modifications an Initial Determination
Granting Summary Determination of
Invalidity as to U.S. Patent 8,139,878
and to Take No Position as to U.S.
Patent 7,769,238; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
an initial determination (‘‘ID’’) (Order
No. 47) of the presiding Administrative
Law Judge (‘‘ALJ’’) granting summary
determination of invalidity based on
obviousness-type double patenting. On
review, the Commission affirms with
modifications the ID’s finding that the
asserted claims of U.S. Patent No.
8,139,878 (‘‘the ’878 patent’’) are
invalid. The Commission takes no
position as to the ID’s findings with
respect to the ’238 patent, except to the
extent those findings also support the
ID’s invalidity findings with respect to
the ’878 patent. Accordingly, the
Commission terminates the
investigation with a finding of no
violation of section 337 of the Tariff Act
of 1930, as amended (‘‘section 337’’).
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. 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
SUMMARY:
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52208-52209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16741]
[[Page 52208]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1304]
Certain Wet Dry Surface Cleaning Devices; Notice of a Commission
Determination To Review in Part a Final Initial Determination Finding a
Violation of Section 337; Request for Written Submissions on Remedy,
the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part a final initial
determination (``FID'') issued by the Chief Administrative Law Judge
(``CALJ''), finding a violation of section 337 as to U.S. Patent Nos.
11,076,735 (``the '735 patent'') and 11,071,428 (``the '428 patent'')
and no violation of section 337 as to U.S. Patent Nos. 11,122,949
(``the '949 patent''), 10,820,769 (``the '769 patent''), and 11,096,541
(``the '541 patent''), in the above-captioned investigation. The
Commission also requests written submissions from the parties,
interested government agencies, and other interested persons on the
issues of remedy, the public interest, and bonding, under the schedule
set forth below.
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 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 March 9, 2022, 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 Bissell Inc. and Bissell Homecare, Inc., both of Grand Rapids,
Michigan (collectively, ``Complainants''). See 87 FR 13311-12 (March 9,
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 wet dry surface cleaning devices by reason of infringement of
certain claims of the '735 patent, the '428 patent, the '949 patent,
the '541 patent, and the '769 patent. Id. The complaint further alleges
that a domestic industry exists. Id. The notice of investigation names
as respondents Tineco Intelligent Technology Co., Ltd. of Suzhou City,
China; TEK (Hong Kong) Science & Technology Ltd. of Hong Kong; and
Tineco Intelligent, Inc. of Seattle, Washington (collectively,
``Respondents''). Id. The Office of Unfair Import Investigations is not
participating in this investigation.
On March 24, 2023, the CALJ issued the 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 wet dry surface cleaning devices
that infringe asserted claims 1, 13, and 15 of the '735 patent and
asserted claim 1 of the '428 patent. The FID further finds no violation
of section 337 with respect to the asserted claims of the '949 patent,
the '769 patent, and the '541 patent. On April 7, 2023, the CALJ issued
a recommended determination (``RD'') on remedy and bonding should the
Commission find a violation of section 337. Specifically, if a
violation is found, the RD recommends the Commission issue a limited
exclusion order directed to the infringing products and cease and
desist orders directed to each of the Respondents. The RD further
recommends setting a bond of $49.01 for infringing iFloor 3 products,
$99.01 for infringing Floor ONE S3 products, and $0 for all other
infringing accused products for any importations of infringing products
during the period of Presidential review.
On April 7, 2023, Complainants filed a combined petition and
contingent petition requesting review of certain findings.
Specifically, Complainants seek review of the FID's non-infringement
findings as to the '949, '541, and '769 patents, finding that
Complainants failed to satisfy the technical prong for the '541 patent,
finding that certain redesigned accused products do not infringe the
'735 and '428 patents, and waiver of Complainants' infringement
argument as to the '428 patent. Complainants also seek contingent
review of certain economic prong findings. That same day, Respondents
filed a combined petition and contingent petition requesting review of
certain findings. Specifically, Respondents seek review of the FID's
findings that the original accused products infringe the '735 and '428
patents, that the asserted claims of the '735 and '428 patents are not
invalid, that Complainants satisfied the technical prong of the
domestic industry requirement as to the '735 and '428 patents, and that
Complainants satisfied the economic prong of the domestic industry
requirement for all of the Asserted Patents. See RPet. Respondents also
seek contingent review of the FID's findings that the asserted claims
of the '949, '541, and '769 patents are not invalid. On April 17, 2023,
Complainants and Respondents filed their respective responses to the
petitions for review.
On May 8, 2023, Representative Hillary J. Scholten submitted a
response to the Commission's notice seeking public interest
submissions. EDIS Doc. ID 795898; see 88 FR 22479-80 (Apr. 13, 2023).
On May 9, 2023, Complainants filed a submission on the public interest
pursuant to Commission Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
Having reviewed the record of the investigation, including the FID,
the parties' submissions to the CALJ, the petitions for review, and the
responses thereto, the Commission has determined to review the FID in
part. Specifically, the Commission has determined to review: (1) the
FID's infringement findings for the '949, '769, and '541 patents; (2)
the FID's technical prong findings for the '541 patent; (3) the FID's
invalidity findings for the '735 and '428 patents; and (4) the FID's
economic prong findings. The Commission has determined not to review
any other findings presented in the FID.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) a cease and desist order that could
result in the respondent being required to cease and desist from
engaging in unfair acts in the importation and sale of such articles.
Accordingly, the Commission is interested in receiving written
submissions that address the form of remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for consumption, the party
should so indicate and provide information establishing that activities
involving other types of entry either are adversely affecting it or
likely to do so. For background, see Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC
[[Page 52209]]
Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
a cease and desist order would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should address the recommended
determination by the CALJ on remedy and bonding.
In their initial submission, Complainants are also requested to
identify the remedy sought and Complainants are requested to submit
proposed remedial orders for the Commission's consideration.
Complainants are further requested to state the dates that the Asserted
Patents expire, to provide the HTSUS subheadings under which the
accused products are imported, and to supply the identification
information for all known importers of the products at issue in this
investigation. The initial written submissions and proposed remedial
orders must be filed no later than close of business on August 15,
2023. Reply submissions must be filed no later than the close of
business on August 22, 2023. No further submissions on these issues
will be permitted unless otherwise ordered by the Commission. Opening
submissions are limited to 20 pages. Reply submissions are limited to
10 pages.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1304) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding
filing should contact the Secretary, (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. 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, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on August 1,
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: August 1, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-16741 Filed 8-4-23; 8:45 am]
BILLING CODE 7020-02-P
