Certain Electronic Anti-Theft Shopping Cart Wheels, Components Thereof and Systems Containing the Same; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation, 71602-71603 [2023-22891]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 71602 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain semiconductor devices having layered dummy fill, electronic devices, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,396,760. The notice of investigation named fifteen respondents. Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party to the investigation. Id. Twelve of the named respondents have been terminated from the investigation. Order No. 12 (Jan. 11, 2023), unreviewed by Comm’n Notice (Feb. 8, 2023), Order No. 20 (Mar. 14, 2023), unreviewed by Comm’n Notice (Apr. 3, 2023), and Order No. 21 (Mar. 28, 2023) unreviewed by Comm’n Notice (Apr. 21, 2023). The three remaining respondents are Omnivision Technologies, Inc., Skyworks Solutions, Inc., and Arlo Technologies, Inc. (the ‘‘Respondents’’). On May 8, 2023, Complainant filed a motion to terminate the investigation based on the withdrawal of its allegations against the three remaining Respondents, pursuant to an agreement with non-party Siemens Industry Software, Inc. (‘‘Siemens’’). On June 9, 2023, the presiding CALJ issued Order No. 23 granting the motion to terminate the investigation. On July 11, 2023, the Commission determined to review Order No. 23, and on review, vacated the termination of the investigation and remanded the investigation for further proceedings, because Complainant did not comply with Commission Rule 210.21(a)(1), which requires filing a copy of ‘‘any agreements concerning the subject matter of the investigation.’’ 19 CFR 210.21(a)(1). On September 1, 2023, Complainant filed a renewed motion to terminate the investigation based on the withdrawal of its allegations against the three remaining Respondents, attaching a copy of its agreement with non-party Siemens. On September 13, 2023, OUII filed a response in support of the renewed motion. No other responses were filed. On September 14, 2023, the presiding CALJ issued the subject ID granting the renewed motion to terminate the investigation and finding that Complainant complied with the requirements of Commission Rule 210.21(a)(1). No petitions for review of the ID were filed. VerDate Sep<11>2014 17:02 Oct 16, 2023 Jkt 262001 The Commission has determined not to review the subject ID. The investigation is hereby terminated in its entirety. The Commission vote for this determination took place on October 11, 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: October 12, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–22872 Filed 10–16–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1357] Certain Electronic Anti-Theft Shopping Cart Wheels, Components Thereof and Systems Containing the Same; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 13) of the presiding Administrative Law Judge (‘‘ALJ’’) terminating the investigation in its entirety based on settlement. 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 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. SUMMARY: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 On April 11, 2023, 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 Gatekeeper Systems, Inc. of Foothill Ranch, California (‘‘Complainant’’). See 88 FR 21711–12 (Apr. 11, 2023). The complaint alleges a violation 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 Nos. 8,463,540; 9,091,551; 9,637,151; 11,230,313; and 11,358,621. See id. The notice of investigation names the following respondents: Rocateq International B.V. of Barendrecht, The Netherlands; Rocateq USA, LLC of San Fernando, California; and Zhuhai Rocateq Technology Company Ltd. of Zhuhai, China (collectively, ‘‘Respondents’’). See id. The Office of Unfair Import Investigations is not a party to the investigation. See id. On September 15, 2023, Complainant and Respondents jointly moved to terminate the investigation in its entirety based on settlement. On September 18, 2023, the ALJ issued the subject ID (Order No. 13) granting the motion. The ID finds that the motion complies with Commission Rules 210.21(a) and (b), 19 CFR 210.21(a), (b). See ID at 2. Specifically, the ID notes that the joint motion includes confidential and public copies of the settlement agreement. See id. In addition, the motion states that ‘‘there are no other agreements, written or oral, express or implied, between [the parties] concerning the subject matter of this Investigation.’’ See id. Furthermore, in accordance with Commission Rule 210.50(b)(2), 19 CFR 210.50(b)(2), the ID finds no adverse impact on the public interest. See id. Rather, the ID notes that ‘‘the public interest generally favors settlement to avoid needless litigation and to conserve public resources.’’ Id. No petition for review of the subject ID was filed. The Commission has determined not to review the subject ID. The investigation is terminated. The Commission’s vote for this determination took place on October 12, 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\17OCN1.SGM 17OCN1 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: October 12, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–22891 Filed 10–16–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1265 (Enforcement Proceeding)] Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same; Notice of Institution of an Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has instituted an enforcement proceeding relating to the remedial orders issued on March 8, 2023, in the above-referenced investigation. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. 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 the original investigation on May 19, 2021, based on a complaint filed on behalf of DISH DBS Corporation of Englewood, Colorado; DISH Technologies L.L.C., of Englewood, Colorado; and Sling TV L.L.C., of Englewood, Colorado (collectively, ‘‘DISH’’). 86 FR 27106–07 (May 19, 2021). The complaint alleged 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, the sale for importation, or the sale within the United States after importation of certain fitness devices, streaming lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:02 Oct 16, 2023 Jkt 262001 components thereof, and systems containing same by reason of infringement of certain claims of U.S. Patent Nos. 9,407,564 (‘‘the ’564 patent’’); 10,951,680 (‘‘the ’680 patent’’); 10,469,554 (‘‘the ’554 patent’’); 10,469,555 (‘‘the ’555 patent’’); and 10,757,156 (‘‘the ’156 patent’’). Id. at 27106. The notice of investigation named, among others, ICON Health & Fitness, Inc.; FreeMotion Fitness, Inc.; and NordicTrack, Inc., all of Logan, Utah (collectively, ‘‘iFIT Respondents’’) as respondents. Id. The Commission’s Office of Unfair Import Investigations (‘‘OUII’’) also was named as a party in this investigation. Id. Prior to the issuance of the final initial determination (‘‘ID’’) in the original investigation, the notice of investigation was amended to change the name of ICON Health & Fitness, Inc. to iFIT Inc. Order No. 14 (Nov. 4, 2021), unreviewed by Comm’n Notice (Dec. 6, 2021), 86 FR 70532 (Dec. 10, 2021). The investigation was also terminated in part as to all asserted claims of the ’680 patent and certain claims of the other asserted patents. Order No. 15 (Nov. 19, 2021), unreviewed by Comm’n Notice (Dec. 20, 2021); Order No. 21 (Mar. 3, 2022), unreviewed by Comm’n Notice (Mar. 23, 2022). On September 9, 2022, the Chief Administrative Law Judge (‘‘CALJ’’) issued the final ID in the original investigation, which finds that the iFIT Respondents, among others, violated section 337. On November 18, 2022, the Commission determined to review the final ID in part. See Comm’n Notice (Nov. 18, 2022), 87 FR 72510, 72510–12 (Nov. 25, 2022). On March 8, 2023, the Commission affirmed with certain modifications the final ID’s findings that there was a violation of section 337 by the iFIT Respondents as to claims 16, 17, and 20 of the ’554 patent; claims 10, 11, 14, and 15 of the ’555 patent; and claims 1 and 4 of the ’156 patent, and reversed the final ID’s finding of a violation as to the ’564 patent. See Comm’n Notice (Mar. 8, 2023); Comm’n Op. (Mar. 23, 2023) (Public Version). The Commission determined that the appropriate form of relief was a limited exclusion order (‘‘LEO’’) and cease and desist orders (‘‘CDOs’’) against the iFIT Respondents, among others. Comm’n Notice (Mar. 8, 2023), 88 FR 15736–38 (Mar. 14, 2023). On May 5, 2023, the Commission modified the remedial orders. Comm’n Notice (May 5, 2023), 88 FR 30158–160 (May 10, 2023). On September 11, 2023, DISH filed a complaint requesting that the Commission institute an enforcement proceeding under Commission Rule PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 71603 210.75, 19 CFR 210.75, to investigate alleged violations of the LEO and CDOs by the iFIT Respondents as to claims 16, 17, and 20 of the ’554 patent and claims 10, 11, 14, and 15 of the ’555 patent. Having examined the enforcement complaint and the supporting documents, the Commission has determined to institute an enforcement proceeding, pursuant to Commission Rule 210.75(a), 19 CFR 210.75(a), to determine whether a violation of the LEO and CDOs issued on March 8, 2023, in the original investigation has occurred and to determine what, if any, enforcement measures are appropriate. The named respondents are the iFIT Respondents. OUII is also named as a party. The Commission vote for this determination took place on October 11, 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. Dated: October 11, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–22793 Filed 10–16–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint Certain Mobile Phones, Components Thereof, and Products Containing Same, DN 3698; 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. SUMMARY: 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 FURTHER INFORMATION CONTACT: E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71602-71603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22891]


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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; Notice of Commission Decision 
Not To Review an Initial Determination Terminating the Investigation 
Based on Settlement; Termination of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 13) of the presiding Administrative Law Judge 
(``ALJ'') terminating the investigation in its entirety based on 
settlement. 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 
[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 April 11, 2023, 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 Gatekeeper Systems, Inc. of Foothill Ranch, California 
(``Complainant''). See 88 FR 21711-12 (Apr. 11, 2023). The complaint 
alleges a violation 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 Nos. 8,463,540; 
9,091,551; 9,637,151; 11,230,313; and 11,358,621. See id. The notice of 
investigation names the following respondents: Rocateq International 
B.V. of Barendrecht, The Netherlands; Rocateq USA, LLC of San Fernando, 
California; and Zhuhai Rocateq Technology Company Ltd. of Zhuhai, China 
(collectively, ``Respondents''). See id. The Office of Unfair Import 
Investigations is not a party to the investigation. See id.
    On September 15, 2023, Complainant and Respondents jointly moved to 
terminate the investigation in its entirety based on settlement.
    On September 18, 2023, the ALJ issued the subject ID (Order No. 13) 
granting the motion. The ID finds that the motion complies with 
Commission Rules 210.21(a) and (b), 19 CFR 210.21(a), (b). See ID at 2. 
Specifically, the ID notes that the joint motion includes confidential 
and public copies of the settlement agreement. See id. In addition, the 
motion states that ``there are no other agreements, written or oral, 
express or implied, between [the parties] concerning the subject matter 
of this Investigation.'' See id. Furthermore, in accordance with 
Commission Rule 210.50(b)(2), 19 CFR 210.50(b)(2), the ID finds no 
adverse impact on the public interest. See id. Rather, the ID notes 
that ``the public interest generally favors settlement to avoid 
needless litigation and to conserve public resources.'' Id.
    No petition for review of the subject ID was filed.
    The Commission has determined not to review the subject ID. The 
investigation is terminated.
    The Commission's vote for this determination took place on October 
12, 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

[[Page 71603]]

Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: October 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-22891 Filed 10-16-23; 8:45 am]
BILLING CODE 7020-02-P
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