Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 66054-66055 [2023-20911]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 66054 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices asserted claims of the ’141 patent (claims 1–6 and 23). Id. at 69–105. The ID further found that Respondents failed to show by clear and convincing evidence that the asserted claims are invalid for lack of written description (Id. at 169–204), enablement (Id. at 205– 250), anticipation (Id. at 153–169), or for reciting ineligible subject matter under 35 U.S.C. 101 (Id. at 250–269). Finally, the ID found that Brita proved the existence of a domestic industry that practices the ’141 patent as required by 19 U.S.C. 1337(a)(2). Id. at 105–117, 269–285. The ID included the ALJ’s recommended determination on remedy and bonding (‘‘RD’’). The RD recommended, should the Commission find a violation, issuance of a limited exclusion order against all respondents and cease and desist orders against the PUR Respondents and LifeStraw. ID/RD at 258–291. The RD also recommended imposing a bond in the amount of one hundred percent (100%) of entered value for PUR’s and ZeroWater’s infringing products imported during the period of Presidential review and $6 per unit for infringing LifeStraw products imported during the period of Presidential review. Id. at 291–295. On March 13, 2023, Respondents and Brita filed respective petitions for review of the ID. On March 21, 2023, the parties filed responses to the petitions. On May 24, 2023, Respondents moved for leave to file a notice of supplemental authority regarding their petition for review. Specifically, Respondents sought to submit the recent U.S. Supreme Court decision in Amgen Inc. v. Sanofi, No. 21–757 (May 18, 2023), as being directly relevant to the lack of enablement of the asserted. On June 28, 2023, the Commission issued a Notice granting the motion. 88 FR 42951 (July 5, 2023). In its Notice on June 28, 2023, the Commission also determined to review the final ID in part. Id. at 42950–53. Specifically, the Commission determined to review the following findings: (1) construction of the claim term ‘‘filter usage lifetime claimed by a manufacturer or seller of the filter,’’ (2) written description, (3) enablement, (4) section 101, (5) anticipation, and (6) the economic prong of the domestic industry requirement. The Commission requested the parties to brief certain issues under review and to brief the issues of remedy, the public interest, and bonding. Id. On July 14, 2023, the parties filed initial submissions in response to the Commission’s request for briefing. On July 21, 2023, the parties filed reply submissions. The parties also filed a VerDate Sep<11>2014 18:18 Sep 25, 2023 Jkt 259001 number of motions and oppositions, which we address below. On July 24, 2023, Complainant Brita filed a motion to strike waived arguments and new evidence in Respondents’ Reply in Response to the Commission Notice of Review. On August 3, 2023, Respondents filed an opposition to the motion. On August 8, 2023, Brita moved for leave under Commission Rule 210.15(c) to file a reply to Respondents’ opposition. On August 18, 2023, Respondents filed an opposition to Brita’s motion. The Commission has determined to grant in part Brita’s motion as it pertains to introducing new dictionary definitions for ‘‘validate’’ and ‘‘claim’’ for being waived. The Commission has determined to otherwise deny the motion. The Commission has further determined to deny Brita’s motion for leave to file a reply to Respondents’ opposition as unnecessary. Upon review of the parties’ submissions, the ID, and evidence of record, the Commission has determined that Brita has failed to show that Respondents violated section 337 by reason of the importation and sale of articles that infringe asserted claims 1– 6 and 23 of the ’141 patent. Specifically, on review, the Commission has determined to (1) vacate the ID’s construction of the claim term ‘‘filter usage lifetime claimed by a manufacturer or seller of the filter’’ and finds the claim limitation indefinite, (2) reverse the ID’s finding that the asserted claims are not invalid for lack of written description, (3) reverse the ID’s findings that the asserted claims are enabled, (4) take no position on the ID’s section 101 analysis and findings, (5) take no position on the ID’s anticipation analysis and findings, and (6) take no position on the ID’s findings on the economic prong of the domestic industry requirement. The Commission’s reasoning is set forth in its opinion issued herewith. The investigation is hereby terminated with a finding of no violation of section 337. The Commission vote for this determination took place on September 19, 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. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Issued: September 19, 2023. Katherine Hiner, Supervisory Attorney. [FR Doc. 2023–20815 Filed 9–25–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint Certain Smart Ceiling Fans, Components Thereof, and Associated Systems and Software, DN 3694; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at https://edis.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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Wangs Alliance Corporation d/b/a WAC Lighting on September 20, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain smart ceiling fans, components thereof, and associated systems and software. The SUMMARY: E:\FR\FM\26SEN1.SGM 26SEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices complaint names as respondents: Minka Lighting, LLC of Newport News, VA; Tech Lighting LLC of Skokie, IL; and VC Brands, LLC of Skokie, IL. The complainant requests that the Commission issue a limited exclusion order and cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions VerDate Sep<11>2014 18:18 Sep 25, 2023 Jkt 259001 were due, notwithstanding § 201.14(a) of the Commission’s Rules of Practice and Procedure. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3694’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. 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,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 66055 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: September 21, 2023. Katherine Hiner, Supervisory Attorney. [FR Doc. 2023–20911 Filed 9–25–23; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Training & Readiness Accelerator II Notice is hereby given that, on July 11, 2023, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Training & Readiness Accelerator II (‘‘TReX II’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership, nature and objective. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, 4C North America, Inc., McLean, VA; Action Engineering LLC, Golden, CO; Ad hoc Research Associates LLC, Havre de Grace, MD; Adjacent Link LLC, Bridgewater, NJ; Advanced Simulation Technology, Inc, Herndon, VA; Applied Information Sciences, Inc., Reston, VA; Applied Intuition, Inc., Mountain View, CA; Applied Visual Technology, Inc., Orlando, FL; Assured Information Security, Inc., Rome, NY; BAE Systems Technology Solutions & Services, Inc., Rockville, MD; Barbaricum LLC, Washington, DC; Beacon Industries, Inc., Newington, CT; BUNDLAR LLC, Chicago, IL; CACI, Inc.—Federal, Chantilly, VA; Calspan, Inc., Buffalo, NY; Carahsoft Technology Corporation, Reston, VA; CDW Government LLC, Vernon Hills, IL; Chimaera Science LLC dba Adaptive Immersion Technologies, Tampa, FL; Compendium Federal Technology (CFT), Lexington Park, MD; Continuum Dynamics, Inc., Ewing, NJ; Creative Microsystems Corporation, Waitsfield, VT; Dark Wolf Solutions LLC, Herndon, VA; Decisive Edge LLC, Bradenton, FL; Design Interactive, Inc., Orlando, FL; Discovery Machine, Inc., E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Notices]
[Pages 66054-66055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20911]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint Certain Smart Ceiling Fans, 
Components Thereof, and Associated Systems and Software, DN 3694; the 
Commission is soliciting comments on any public interest issues raised 
by the complaint or complainant's filing pursuant to the Commission's 
Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov. For help accessing 
EDIS, please email [email protected].
    General information concerning the Commission may also be obtained 
by accessing its internet server at United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Wangs Alliance Corporation d/
b/a WAC Lighting on September 20, 2023. The complaint alleges 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain smart 
ceiling fans, components thereof, and associated systems and software. 
The

[[Page 66055]]

complaint names as respondents: Minka Lighting, LLC of Newport News, 
VA; Tech Lighting LLC of Skokie, IL; and VC Brands, LLC of Skokie, IL. 
The complainant requests that the Commission issue a limited exclusion 
order and cease and desist orders, and impose a bond upon respondents' 
alleged infringing articles during the 60-day Presidential review 
period pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments on any public interest issues 
raised by the complaint or Sec.  210.8(b) filing. Comments should 
address whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions on the public interest must be filed no later 
than by close of business, eight calendar days after the date of 
publication of this notice in the Federal Register. There will be 
further opportunities for comment on the public interest after the 
issuance of any final initial determination in this investigation. Any 
written submissions on other issues must also be filed by no later than 
the close of business, eight calendar days after publication of this 
notice in the Federal Register. Complainant may file replies to any 
written submissions no later than three calendar days after the date on 
which any initial submissions were due, notwithstanding Sec.  201.14(a) 
of the Commission's Rules of Practice and Procedure. No other 
submissions will be accepted, unless requested by the Commission. Any 
submissions and replies filed in response to this Notice are limited to 
five (5) pages in length, inclusive of attachments.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. Submissions 
should refer to the docket number (``Docket No. 3694'') in a prominent 
place on the cover page and/or the first page. (See Handbook for 
Electronic Filing Procedures, Electronic Filing Procedures \1\). Please 
note the Secretary's Office will accept only electronic filings during 
this time. Filings must be made through the Commission's Electronic 
Document Information System (EDIS, https://edis.usitc.gov.) No in-
person paper-based filings or paper copies of any electronic filings 
will be accepted until further notice. Persons with questions regarding 
filing should contact the Secretary at [email protected].
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. 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,\2\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.\3\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: September 21, 2023.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2023-20911 Filed 9-25-23; 8:45 am]
BILLING CODE 7020-02-P
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