Certain Marine Air Conditioning Systems, Components Thereof, and Products Containing the Same; Notice of a Commission Determination To Review in Part and, on Review, To Affirm With Modification a Final Initial Determination Finding No Violation; Termination of Investigation, 18433-18434 [2024-05274]
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1346]
Certain Marine Air Conditioning
Systems, Components Thereof, and
Products Containing the Same; Notice
of a Commission Determination To
Review in Part and, on Review, To
Affirm With Modification a Final Initial
Determination Finding No Violation;
Termination of Investigation
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part and, on review, to affirm with
modification a final initial
determination (‘‘FID’’) of the presiding
administrative law judge (‘‘ALJ’’). The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Namo Kim, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3459. 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, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On
December 7, 2022, the Commission
instituted this investigation based on a
complaint, as supplemented, filed by
Dometic Corporation of Rosemont,
Illinois and Dometic Sweden AB of
Solna, Sweden (collectively,
‘‘Dometic’’). 87 FR 76216–17 (Dec. 13,
2022). The complaint alleges violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (‘‘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 marine air conditioning systems,
components thereof, and products
containing same by reason of the
infringement of certain claims of U.S.
Patent No. 8,056,351 (‘‘the ’351 patent’’).
Id. The complaint further alleges that a
domestic industry (‘‘DI’’) exists. Id. The
notice of institution named four (4)
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respondents: (1) Shanghai Hopewell
Industrial Co. Ltd. of Shanghai, China;
(2) Shanghai Hehe Industrial Co. Ltd. of
Shanghai, China; (3) CitiMarine, L.L.C.
of Doral, Florida; and (4) Mabru Power
Systems, Inc. of Dania Beach, Florida
(collectively, ‘‘Respondents’’). Id.
On August 28, 2023, the Commission
granted in part summary determination
that the economic prong of the DI
requirement is satisfied. Order No. 23,
unreviewed by Comm’n Notice (Aug. 28,
2023).
On September 13, 2023, the
Commission affirmed an initial
determination granting in part summary
determination of invalidity of claims 1–
2, 4–5, 7 of the ’351 patent. Order No.
19, aff’d by Comm’n Notice (September
13, 2023).
The presiding ALJ held an evidentiary
hearing on September 18–21, 2023.
On October 31, 2023, the Commission
affirmed an initial determination
terminating the investigation with
respect to claims 3, 11 and 17 of the
’351 patent. Order No. 30, unreviewed
by Comm’n Notice (October 31, 2023).
Accordingly, at the time the FID was
issued, claims 18–22 of the ’351 patent
remained pending.
On December 8, 2023, the ALJ issued
the FID finding no violation of section
337. Specifically, the FID finds that
Dometic failed to show infringement or
to satisfy the technical prong of the DI
requirement because ‘‘the DI Products
do not possess two axes’’ as required by
the remaining asserted claims under the
FID’s claim construction. Despite
finding no infringement, the ALJ
conducted an independent analysis of
the accused products beyond the
infringement theories presented by
Dometic and determined that some
accused products satisfy all limitations
of the asserted claims. Lastly, the FID
finds that all remaining asserted claims
are valid.
The FID also includes a
Recommended Determination (‘‘RD’’)
recommending, should the Commission
find a violation of section 337, that the
Commission issue: (1) a limited
exclusion order with the Commission’s
standard certification provision, which
does not identify non-infringing articles
as requested by the respondents; and (2)
a cease-and-desist order against any
respondent found to be in violation. The
RD further recommends that the
Commission set no bond (zero percent)
during the period of Presidential review.
On December 22, 2023, both parties
(Dometic and Respondents) petitioned
for Commission review of FID’s
findings. Specifically, Dometic requests
Commission review of the FID’s
findings concerning: (1) claim
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18433
construction; (2) non-infringement; (3)
the technical prong of the DI
requirement; and (4) validity of the
asserted claims concerning the claim
construction and secondary
considerations. Respondents request
Commission review of the FID’s
findings concerning: (1) the technical
prong; (2) certain factual findings
related to infringement; (3) excluding
Respondents’ failure of proof arguments
related to infringement; and (4) validity,
in particular whether a certain product
qualifies as prior art and whether the
ALJ abused his discretion by excluding
a certain prior art exhibit. Respondents
also request contingent review of the
following issues: (1) claim construction
and (2) validity.
On December 27, 2023, the
Commission published its post-RD
Federal Register notice seeking
submissions on public interest issues
raised by the relief recommended by the
ALJ should the Commission find a
violation. 88 FR 89466–67 (Dec. 27,
2023). No responses were filed from the
public.
On January 4, 2024, both parties
(Dometic and Respondents) responded
to each other’s petition for review of the
FID.
On January 9, 2024, both parties
(Dometic and Respondents) filed a
statement on the public interest
pursuant to Commission Rule
210.50(a)(4), 19 CFR 210.50(a)(4).
The Commission, having reviewed the
record in this investigation, including
the FID and the parties’ petitions and
responses thereto, has determined to
review in part and, on review, to affirm
with modification the FID’s finding of
no violation. In particular, the
Commission reviews and, on review,
supplements with supporting extrinsic
evidence the FID’s construction of the
claim limitation ‘‘the blower being
rotatable about [a] first axis so that the
outlet can be oriented toward a first
direct[i]on and a second direction, and
the first and second directions point to
substantially different lateral sides of
the main body’’ recited in claim 18 of
the ’351 patent. The Commission has
also determined to review the FID’s
findings concerning infringement and
the technical prong of the DI
requirement and, on review, to affirm
the FID’s finding of non-infringement
and non-satisfaction of the technical
prong, but to vacate the ALJ’s
independent findings that some of the
accused products (i.e., Mabru SC07,
which represents all Mabru accused
products) satisfy all limitations of the
asserted claims, as well as the ALJ’s
independent technical prong findings
on the DI products. The Commission
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
has further determined to review and,
on review, to take no position on certain
of the FID’s invalidity findings and the
findings that certain accused products
satisfy a dependent claim limitation of
the ’351 patent. The Commission has
determined not to review the remainder
of the FID.
The Commission issues its opinion
herewith setting forth its determinations
on certain issues. The investigation is
terminated.
The Commission vote for this
determination took place on March 7,
2024.
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 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024–05274 Filed 3–12–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1291]
Certain Replacement Automotive
Lamps; 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 has determined that
complainants Kia Corporation and Kia
America, Inc. failed to demonstrate a
violation of section 337 of the Tariff Act
of 1930, as amended, by any of the
named respondents in the abovecaptioned investigation. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5468. 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
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SUMMARY:
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17:33 Mar 12, 2024
Jkt 262001
internet server (https://www.usitc.gov).
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On
January 24, 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 on
behalf of complainants Kia Corporation
of Seoul, Korea and Kia America, Inc. of
Irvine, California (collectively, ‘‘Kia’’).
87 FR 3584–85 (Jan. 24, 2022). The
complaint, as supplemented and
amended, alleges a violation of section
337 in the importation into the United
States, the sale for importation, and the
sale after importation within the United
States after importation of certain
replacement automotive lamps by
reason of infringement of U.S. Design
Patent Nos. D592,773 (the ‘‘’773
patent’’); D635,701 (the ‘‘’701 patent’’);
D636,506 (the ‘‘’506 patent’’); D650,931
(the ‘‘’931 patent’’); D695,933 (the ‘‘’933
patent’’); D705,963 (the ‘‘’963 patent’’);
D709,218 (the ‘‘’218 patent’’); D714,975
(the ‘‘’975 patent’’); D714,976 (the ‘‘’976
patent’’); D720,871 (the ‘‘’871 patent’’);
D749,757 (the ‘‘’757 patent’’); D749,762
(the ‘‘’762 patent’’); D749,764 (the ‘‘’764
patent’’); D774,222 (the ‘‘’222 patent’’);
D774,223 (the ‘‘’223 patent’’); D776,311
(the ‘‘’311 patent’’); D781,471 (the ‘‘’471
patent’’); D785,833 (the ‘‘’833 patent’’);
D785,836 (the ‘‘’836 patent’’); and
D792,989 (the ‘‘’989 patent’’) (together,
‘‘Asserted Patents’’). Id. at 3584. The
notice of investigation names as
respondents TYC Brother Industrial Co.,
Ltd. of Tainan, Taiwan; Genera
Corporation (dba TYC Genera) of Brea,
California; LKQ Corporation of Chicago,
Illinois; and Keystone Automotive
Industries, Inc. of Exeter, Pennsylvania
(together, ‘‘Respondents’’). The Office of
Unfair Import Investigations is not
participating in this investigation.
On February 7, 2022, the Chief ALJ
(‘‘CALJ’’) ordered an evidentiary hearing
for both Inv. Nos. 337–TA–1291 and
337–TA–1292 on the economic prong
pursuant to the Commission’s pilot
program for interim initial
determinations (‘‘IID’’). Order No. 6
(Feb. 7, 2022). The combined
evidentiary hearing was held on April
20, 2022. On July 1, 2022, the CALJ
issued an IID finding that Kia has
satisfied the economic prong of the
domestic industry requirement with
respect to all of the asserted design
patents. On August 24, 2022, the
Commission determined to review the
IID. Notice (Aug. 24, 2022). The
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investigation was reassigned to the
presiding ALJ on July 6, 2022.
On January 24, 2023, the presiding
ALJ issued a final initial determination
(‘‘Final ID’’) finding a violation of
section 337 by Respondents with
respect to the ’773, ’701, ’506, ’931, ’933,
’218, ’975, ’976, ’871, ’762, ’764, ’222,
’223, ’311, ’833, ’836, and ’989 patents.
Final ID at 1. The Final ID finds no
violation with respect to the ’963, ’757,
and ’471 patents based on
noninfringement and failure to satisfy
the technical prong of the domestic
industry requirement. Id. at 1, 284–86.
The Final ID also finds that no asserted
patent is invalid as anticipated or
obvious. Id. Concerning the economic
prong of the domestic industry
requirement, the Final ID reduced Kia’s
alleged investments due to Kia’s failure
to establish that certain of its alleged
domestic industry products are
representative of other alleged domestic
industry products, but finds that the
economic prong of domestic industry
requirement is satisfied for all of the
Asserted Patents. Id. at 33–37.
On February 6, 2023, Respondents
filed a petition for review challenging
the Final ID’s findings on the economic
prong of the domestic industry
requirement, infringement, and validity.
Also on February 6, 2023, Kia filed a
petition for review challenging the Final
ID’s findings of noninfringement and
contingently petitioning regarding the
Final ID’s findings concerning nonsatisfaction of the technical prong of the
domestic industry requirement
regarding the ’963, ’757, and ’471
patents. On February 14, 2023, Kia and
Respondents filed responses to each
other’s petitions.
On January 25, 2023, the Commission
requested submissions regarding the
public interest. 88 FR 5919–20 (Jan. 30,
2023). The Commission received
submissions from Thomas Lee, Dennis
Shiau, Peter Nguyen, John Chang,
Raymond Tsai, Christopher Patti,
Edward Salamy, Paul Tetrault, Clark
Plucinski, Gay Gordon-Byrne, the
Alliance for Automotive Innovation,
and Gregory Cote. On February 23,
2023, the Commission also received
submissions on the public interest from
Respondents pursuant to Commission
Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
On May 11, 2023, the Commission
determined to review the Final ID in its
entirety and sought briefing from the
parties on certain issues and briefing
from the parties, interested government
agencies, and the public concerning
remedy, bonding, and the public
interest. 88 FR 31520–22 (May 17,
2023). Kia and Respondents filed initial
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[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18433-18434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05274]
[[Page 18433]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1346]
Certain Marine Air Conditioning Systems, Components Thereof, and
Products Containing the Same; Notice of a Commission Determination To
Review in Part and, on Review, To Affirm With Modification a Final
Initial Determination Finding No Violation; Termination of
Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part and, on review, to affirm
with modification a final initial determination (``FID'') of the
presiding administrative law judge (``ALJ''). The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Namo Kim, Esq., Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3459. 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On December 7, 2022, the Commission
instituted this investigation based on a complaint, as supplemented,
filed by Dometic Corporation of Rosemont, Illinois and Dometic Sweden
AB of Solna, Sweden (collectively, ``Dometic''). 87 FR 76216-17 (Dec.
13, 2022). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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
marine air conditioning systems, components thereof, and products
containing same by reason of the infringement of certain claims of U.S.
Patent No. 8,056,351 (``the '351 patent''). Id. The complaint further
alleges that a domestic industry (``DI'') exists. Id. The notice of
institution named four (4) respondents: (1) Shanghai Hopewell
Industrial Co. Ltd. of Shanghai, China; (2) Shanghai Hehe Industrial
Co. Ltd. of Shanghai, China; (3) CitiMarine, L.L.C. of Doral, Florida;
and (4) Mabru Power Systems, Inc. of Dania Beach, Florida
(collectively, ``Respondents''). Id.
On August 28, 2023, the Commission granted in part summary
determination that the economic prong of the DI requirement is
satisfied. Order No. 23, unreviewed by Comm'n Notice (Aug. 28, 2023).
On September 13, 2023, the Commission affirmed an initial
determination granting in part summary determination of invalidity of
claims 1-2, 4-5, 7 of the '351 patent. Order No. 19, aff'd by Comm'n
Notice (September 13, 2023).
The presiding ALJ held an evidentiary hearing on September 18-21,
2023.
On October 31, 2023, the Commission affirmed an initial
determination terminating the investigation with respect to claims 3,
11 and 17 of the '351 patent. Order No. 30, unreviewed by Comm'n Notice
(October 31, 2023). Accordingly, at the time the FID was issued, claims
18-22 of the '351 patent remained pending.
On December 8, 2023, the ALJ issued the FID finding no violation of
section 337. Specifically, the FID finds that Dometic failed to show
infringement or to satisfy the technical prong of the DI requirement
because ``the DI Products do not possess two axes'' as required by the
remaining asserted claims under the FID's claim construction. Despite
finding no infringement, the ALJ conducted an independent analysis of
the accused products beyond the infringement theories presented by
Dometic and determined that some accused products satisfy all
limitations of the asserted claims. Lastly, the FID finds that all
remaining asserted claims are valid.
The FID also includes a Recommended Determination (``RD'')
recommending, should the Commission find a violation of section 337,
that the Commission issue: (1) a limited exclusion order with the
Commission's standard certification provision, which does not identify
non-infringing articles as requested by the respondents; and (2) a
cease-and-desist order against any respondent found to be in violation.
The RD further recommends that the Commission set no bond (zero
percent) during the period of Presidential review.
On December 22, 2023, both parties (Dometic and Respondents)
petitioned for Commission review of FID's findings. Specifically,
Dometic requests Commission review of the FID's findings concerning:
(1) claim construction; (2) non-infringement; (3) the technical prong
of the DI requirement; and (4) validity of the asserted claims
concerning the claim construction and secondary considerations.
Respondents request Commission review of the FID's findings concerning:
(1) the technical prong; (2) certain factual findings related to
infringement; (3) excluding Respondents' failure of proof arguments
related to infringement; and (4) validity, in particular whether a
certain product qualifies as prior art and whether the ALJ abused his
discretion by excluding a certain prior art exhibit. Respondents also
request contingent review of the following issues: (1) claim
construction and (2) validity.
On December 27, 2023, the Commission published its post-RD Federal
Register notice seeking submissions on public interest issues raised by
the relief recommended by the ALJ should the Commission find a
violation. 88 FR 89466-67 (Dec. 27, 2023). No responses were filed from
the public.
On January 4, 2024, both parties (Dometic and Respondents)
responded to each other's petition for review of the FID.
On January 9, 2024, both parties (Dometic and Respondents) filed a
statement on the public interest pursuant to Commission Rule
210.50(a)(4), 19 CFR 210.50(a)(4).
The Commission, having reviewed the record in this investigation,
including the FID and the parties' petitions and responses thereto, has
determined to review in part and, on review, to affirm with
modification the FID's finding of no violation. In particular, the
Commission reviews and, on review, supplements with supporting
extrinsic evidence the FID's construction of the claim limitation ``the
blower being rotatable about [a] first axis so that the outlet can be
oriented toward a first direct[i]on and a second direction, and the
first and second directions point to substantially different lateral
sides of the main body'' recited in claim 18 of the '351 patent. The
Commission has also determined to review the FID's findings concerning
infringement and the technical prong of the DI requirement and, on
review, to affirm the FID's finding of non-infringement and non-
satisfaction of the technical prong, but to vacate the ALJ's
independent findings that some of the accused products (i.e., Mabru
SC07, which represents all Mabru accused products) satisfy all
limitations of the asserted claims, as well as the ALJ's independent
technical prong findings on the DI products. The Commission
[[Page 18434]]
has further determined to review and, on review, to take no position on
certain of the FID's invalidity findings and the findings that certain
accused products satisfy a dependent claim limitation of the '351
patent. The Commission has determined not to review the remainder of
the FID.
The Commission issues its opinion herewith setting forth its
determinations on certain issues. The investigation is terminated.
The Commission vote for this determination took place on March 7,
2024.
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 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05274 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P
