Certain Portable Battery Jump Starters and Components Thereof (II); Notice of a Commission Determination To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation; Termination of Investigation, 82625-82627 [2024-23548]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices Proposed RMP (Alternative E), the Final EIS analyzed Alternative A (the no action alternative) and three action alternatives (Alternatives B, C, and D) from the Draft EIS. Alternative A, the no action alternative, represents current management from the 2008 CascadeSiskiyou National Monument Approved RMP, the 2016 Southwestern Oregon Approved RMP, and the 1993 Redding Approved RMP. In addition to the existing RMPs, there are several nondiscretionary designations established by Congress that apply to lands in the planning area and are not reflected in the current RMPs but are part of the no action alternative. Alternative B emphasizes flexibility in planning-level direction, promotes intensive, active management to protect monument resources, and maximizes the potential for an array of discretionary actions that are compatible with the protection of CSNM objects and values. Alternative C emphasizes flexibility in planning-level direction but promotes a moderate level of active management for protection, maintenance, and restoration of CSNM resources, and sets some limitations on management actions and tools available. Alternative D would rely primarily on natural ecosystem processes that would allow plant community dynamics to unfold without active intervention. Exceptions include the management of young conifer stands (plantations) that are a product of past timber harvest and thinning around legacy trees and along wildfire evacuation routes. Since the publication of the Draft RMP/EIS, the BLM has developed Alternative E, the Proposed RMP, based largely on Alternative C, the preferred alternative in the Draft RMP/EIS, and to a lesser extent components from the other alternatives. Similar to Alternative C, the Proposed RMP emphasizes flexibility in planning-level direction but promotes a moderate level of active management for protection, maintenance, and restoration of CSNM resources, and sets some limitations on management actions and tools available. The Proposed RMP would not carry forward any Areas of Critical Environmental Concern (ACEC) or Research Natural Areas. The BLM determined that special management attention would be provided by management direction in the plan from other designations and management areas that apply monument-wide and would adequately protect the resource or value. The BLM determined that the entire monument holds historic, cultural, fish and wildlife, and scenic VerDate Sep<11>2014 17:15 Oct 10, 2024 Jkt 265001 values that meet the relevance and importance criteria for an ACEC. The Proposed RMP/Final EIS are designed to protect the monument’s objects of scientific and historic interest outlined in Presidential Proclamations 7318 and 9564, which would safeguard these resources or values. The Proposed RMP was developed based on the consideration of public comments, cooperating agency input, and Tribal consultation; updates to the best available science and information; and by combining elements of the alternatives analyzed in the Draft RMP/ EIS. Alternative E, the Proposed RMP, is within the range of alternatives considered in the Draft RMP/EIS. In addition to the analysis of Alternative E, the BLM made other changes that are summarized in Appendix T: Summary of Notable Changes. Protest of the Proposed RMP PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 (Authority: 40 CFR 1501.9, 40 CFR 1506.9, 43 CFR 1610.2, 43 CFR 1610.5) Barry R. Bushue, State Director. [FR Doc. 2024–23440 Filed 10–10–24; 8:45 am] BILLING CODE 4331–24–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1359] Certain Portable Battery Jump Starters and Components Thereof (II); Notice of a Commission Determination To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation; 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 in part and, on review, to affirm a final initial determination (‘‘FID’’) of the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337. 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: The Commission instituted this investigation on April 18, 2023, based on a complaint filed on behalf of the NOCO Company (‘‘NOCO’’) of Glenwillow, Ohio. 88 FR 23686–87 (Apr. 18, 2023). The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain portable battery jump starters and components thereof SUMMARY: The BLM planning regulations state that any person who participated in the preparation of the RMP and has an interest that will or might be adversely affected by approval of the Proposed RMP may protest its approval to the BLM Director. Protest on the Proposed RMP constitutes the final opportunity for administrative review of the proposed land use planning decisions prior to the BLM adopting an approved RMP. Instructions for filing a protest regarding the Proposed RMP with the BLM Director may be found online at https://www.blm.gov/programs/ planning-and-nepa/publicparticipation/filing-a-plan-protest and at 43 CFR 1610.5–2. All protests must be in writing and mailed to the appropriate address, as set forth in the ADDRESSES section earlier or submitted electronically through the BLM ePlanning project website as described previously. Protests submitted electronically by any means other than the ePlanning project website will be invalid unless a protest is also submitted as a hard copy. The BLM Director will render a written decision on each protest. The Director’s decision shall be the final decision of the Department of the Interior. Responses to valid protest issues will be compiled and documented in a Protest Resolution Report made available following the protest resolution online at: https:// www.blm.gov/programs/planning-andnepa/public-participation/protestresolution-reports. Upon resolution of protests, the BLM will issue a Record of Decision and Approved RMP. 82625 E:\FR\FM\11OCN1.SGM 11OCN1 ddrumheller on DSK120RN23PROD with NOTICES1 82626 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices by reason of infringement of certain claims of U.S. Patent Nos. 9,770,992 (‘‘the ’992 patent’’); 10,328,808 (‘‘the ’808 patent’’); 10,981,452 (‘‘the ’452 patent’’); 11,254,213 (‘‘the ’213 patent’’); and 11,447,023 (‘‘the ’023 patent’’), as well as common law trade dress infringement, false designation of origin, false advertising, and unfair competition, the threat or effect of which is to destroy or substantially injure an industry in the United States. Id. at 23686. The amended complaint further alleges that a domestic industry exists. Id. The Commission instituted two separate investigations and defined the scope of the present investigation as whether there is a violation of section 337 based on the allegations of infringement of the asserted claims of the ’992, ’808, ’452, ’213, and ’023 patents as to the accused products identified in the notice of investigation. The notice of investigation named 19 respondents, and the Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party. Id. at 23687. The 19 respondents are organized into the following four groups: (1) Shenzhen Take Tools Co. Ltd. of Shenzhen, China; Shenzhenshi Dianjia Technology Co., Ltd., d/b/a Yesper Direct (Hong Kong Haowei Technology Co. Ltd.) of Hong Kong, China; and Guangzhou Sihao Trading Co., Ltd., d/ b/a Snailhome (Audew) also d/b/a Shenzhen Xinshu Trading Co. Ltd. of Shenzhen, China (collectively, the ‘‘Non-Appearing Respondents’’); (2) Shenzhen Winplus Shenzhen Pinwang Industrial Technology Co., Ltd. of Shenzhen, China; Winplus North America, Inc. of Costa Mesa, California; and Winplus NA, LLC of Costa Mesa, California (collectively, the ‘‘Stipulated Respondents’’); (3) Shenzhen Carku Technology Co., Ltd. (‘‘Carku’’) of Shenzhen, China; Aukey Technology Co., Ltd. (‘‘Aukey’’) of Shenzhen, China; Metasee LLC (‘‘Metasee’’) of Pearland, Texas; Ace Farmer LLC (‘‘Ace Farmer’’) of Houston, Texas; Shenzhen Gooloo E-Commerce Co., Ltd. (‘‘Gooloo Ecommerce’’) of Shenzhen, China; Gooloo Technologies LLC (‘‘Gooloo Technologies’’) of Shenzhen, China; Shenzhen Konghui Trading Co., Ltd., d/b/a Hulkman Direct (‘‘Konghui’’) of Shenzhen, China; Hulkman LLC (‘‘Hulkman’’) of Santa Clara, California; Shenzhenshi Daosishangmao Youxiangongsi, d/b/a Fanttik Direct (‘‘Daosi’’) of Shenzhen, China; Shenzhenshi Xinmeitemuxiangbao Zhuangyouxiangongsi, d/b/a Thikpo (Spanarci) (‘‘Xinmeite’’) of Shenzhen, China; ChangShaHongMaoKai KeJiYouXianGongSi, d/b/a VerDate Sep<11>2014 17:15 Oct 10, 2024 Jkt 265001 TopdonStarter (‘‘HongMaoKai’’) of Changsha, China; Shenzhenshi Shoudiankejiyouxiangongsi, d/b/a Solvtin (‘‘Shoudian’’) of Shenzhen, China (collectively, the ‘‘Carku Respondents’’); and (4) ADC Solutions Auto LLC, d/b/a Type S Auto (‘‘ADC’’) of Costa Mesa, California. Id. at 23686–87. On June 23, 2023, the Commission amended the complaint and notice of investigation to add infringement allegations as to claims 1–13, 15–30, 32, 33, 35–44, and 46–57 of U.S. Patent No. 11,584,243 (‘‘the ’243 patent’’). Order No. 5 (May 26, 2023), unreviewed by Comm’n Notice (June 26, 2023). On December 21, 2023, the Commission terminated the investigation as to the following asserted claims: (i) claims 2, 4–9, 11–13, and 15–21 of the ’992 patent; (ii) claims 2–10, 12–15, and 17 of the ’808 patent; (iii) claims 2–16 of the ’452 patent; (iv) claims 2–16 of the ’213 patent; (v) claims 2–4, 6–18, 20–23, 25–28, 31, 33, 35–38, and 41–53 of the ’023 patent; (vi) claims 3–9, 15–17, 19–25, 29, 30, 32, 33, 35–44, 46–49, 51–53, and 55–57 of the ’243 patent. Order No. 18 (Nov. 27, 2023), unreviewed by Comm’n Notice (Dec. 21, 2023). On February 7, 2024, the Commission terminated the investigation as to the ’452 patent and the ’213 patent. Order No. 24 (Jan. 9, 2024), unreviewed by Comm’n Notice (Feb. 7, 2024). On March 11, 2024, the Commission terminated the investigation as to asserted claims 5, 24, 29–30, and 40 of the ’023 patent and asserted claims 10– 13, 26–28, and 50 of the ’243 patent, and as to the Non-Appearing Respondents and the Stipulated Respondents. Order No. 26 (Feb. 9, 2024), unreviewed by Comm’n Notice (March 11, 2024). On February 26 to March 1, 2024, the ALJ held an evidentiary hearing, with an additional hearing on March 14, 2024. The ’023, ’243, ’992 and ’808 patents remained asserted in the investigation as of the evidentiary hearing. On July 5, 2024, the ALJ issued the FID finding no violation of section 337 with respect to the remaining asserted patents. Specifically, the FID finds that all asserted claims of the four patents are invalid as obvious under 35 U.S.C. 103. The FID finds that certain accused products infringe the asserted claims of the ’023 and ’243 patents, none of the accused products infringe the ’992 and ’808 patent, and none of the adjudicated redesigns put forth by the Carku Respondents and ADC (collectively, ‘‘Respondents’’) infringe any of the four asserted patents. The FID also finds that the asserted claims of the ’023 and ’243 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 patents have not been shown to be invalid under 35 U.S.C. 112 based on lack of written description or lack of enablement and have not been shown to be unenforceable. The FID does not address invalidity under 35 U.S.C. 112 or unenforceability for the ’992 and ’808 patents because the parties did not raise these issues. Lastly, the FID finds that the domestic industry requirement, both the technical prong and the economic prong, is satisfied for all four asserted patents. On July 19, 2024, the ALJ issued a Recommended Determination (‘‘RD’’) recommending, should the Commission find a violation of section 337, that the Commission issue: (1) a limited exclusion order against Respondents (i.e., the remaining respondents); and (2) cease-and-desist orders against the following respondents: ADC, Metasee, Gooloo, Konghui, Xinmeite, Shoudian, HongMaoKai, and Daosi. The RD further recommends that the Commission set a 100 percent bond during the period of Presidential review. Also on July 19, 2024, NOCO petitioned for Commission review of the FID’s findings on the ’023 and ’243 patents concerning: (1) construction of the claim terms ‘‘USB input circuit,’’ ‘‘USB charge circuit,’’ and ‘‘USB input connector’’ (collectively, ‘‘the USB terms’’); (2) non-infringement with respect to the accused Carku and ADC products; and (3) invalidity. On the same day, Respondents contingently petitioned for Commission review of the FID’s findings on the ’023 and ’243 patents concerning: (1) infringement with respect to the accused Carku and ADC products; (2) validity under § 112; and (3) NOCO’s satisfaction of the domestic industry requirement. Further on the same day, OUII contingently petitioned for Commission review of the FID’s findings on the ’023 and ’243 patents concerning: (1) infringement with respect to the accused ADC products and (2) additional noninfringement grounds concerning the accused Carku products. No party petitioned for review of the issues on non-infringement and invalidity as to the ’992 and ’808 patents, and enforceability as to the ’023 and ’243 patents. On July 25, 2024, 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. 89 FR 60451–52 (July 25, 2024). No responses from the public were filed. Similarly, no parties have submitted a statement on the public interest pursuant to E:\FR\FM\11OCN1.SGM 11OCN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4). On July 29, 2024, NOCO responded to Respondents’ and OUII’s contingent petitions for review of the FID. On the same day, Respondents responded to NOCO’s petition (but did not respond to OUII’s contingent petition), and OUII responded to NOCO’s and Respondents’ petitions. 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 the FID’s finding of no violation. In particular, the Commission has determined to review and, on review, to clarify the FID’s jurisdictional findings by explaining that the Commission’s investigative authority is statutory and that the terms ‘‘subject matter jurisdiction,’’ ‘‘personal jurisdiction,’’ and ‘‘in rem jurisdiction’’ are not relevant to the Commission’s investigative authority under section 337. The Commission has also determined to review and, on review, to affirm with supplemental analysis the FID’s construction of the USB terms recited in the ’023 and ’243 patents. The Commission has further determined to review and, on review, to affirm with supplemental analysis the FID’s findings that the asserted claims of the ’023 and the ’243 patents are invalid under 35 U.S.C. 103 and are not invalid under 35 U.S.C. 112. Lastly, the Commission has determined to review and, on review, to take no position with respect to the economic prong of the domestic industry requirement. 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 October 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: October 7, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–23548 Filed 10–10–24; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:15 Oct 10, 2024 Jkt 265001 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 September 4, 2024, 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. 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, Agile Decision Sciences, LLC, Huntsville, AL; AI Strategy Corp, Babylon, NY; Air-Quality RemoteSensing Consulting, LLC, Madison, AL; Alaka’i Services Group, Inc., Honolulu, HI; Amazon Web Services, Inc., Seattle, WA; Augustine Consulting, Inc., Hamilton, NJ; Auriga Space, Inc., San Francisco, CA; Avarint, LLC, Buffalo, NY; Bishop Ascendant, Inc., Caldwell, NJ; CALIBRE Systems, Inc., Alexandria, VA; CLogic Defense LLC, Jacksonville, FL; Core4ce LLC, Reston, VA; Crowdbotics Corp., Berkeley, CA; Davidson Technologies, Inc., Huntsville, AL; Deep Analytics, LLC, Montpelier, VT; Design West Technologies, Inc., Tustin, CA; DICE Defense LLC, Orlando, FL; DRS Sustainment Systems, Inc., Bridgeton, MO; Dynepic, Inc., Reno, NV; Echodyne Corp., Kirkland, WA; Edge Case Research, Inc., Pittsburgh, PA; Ernst and Young, LLP, New York, NY; Gigantor Technologies, Inc., Melbourne Beach, FL; HAVIK Solutions, LLC, San Diego, CA; HyperBlox Inc., Nashua, NH; IEC Infrared Systems, LLC, Middleburg Heights, OH; Integrated Consultants, Inc., San Diego, CA; Integris Composites, Inc., Goleta, CA; Intelligent Decision Systems, Inc., dba IDSI, Chantilly, VA; International Business Machines Corp., Bethesda, MD; JackTech, LLC, Washington, DC; JIRACOR LLC, Orlando, FL; LMI Consulting, LLC, Tysons, VA; Meroxa, Inc., San Jose, CA; MetroStar Systems, LLC, Reston, VA; Nautilus Defense, LLC, Pawtucket, RI; Nebula Compute, Inc., Wilkes Barre, PA; Open Source Systems, LLC, Suwanee, GA; Programmed Response, LLC, Huntsville, AL; Public Spend Forum LLC, Washington, DC; Quantum Improvements Consulting, LLC, PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 82627 Orlando, FL; Quoherent, Inc., Huntsville, AL; Response AI Solutions LLC, Arlington, VA; RoGO Fire, LLC, dba RoGO Communications, Westminster, CO; Safire Technology Group, Inc., Tysons, VA; Shearwater Technology, Inc., Washington, IL; Siemens Government Technologies, Inc., Reston, VA; Snowflake Inc., Bozeman, MT; SPARC Research, LLC, Warrenton, VA; Sterling Computers Corp., North Sioux City, SD; Symbiosis.io, LLC, Smyrna, GA; Terida, LLC, Pinehurst, NC; Third Coast Federal, Inc., South Bend, IN; Treble One, LLC, Dayton, OH; Trenchant Analytics, LLC, Great Falls, VA; Trex Enterprises Corp., El Cajon, CA; Via Science, Inc., Somerville, MA; VicForms, LLC, Frackville, PA; and Enquire AI, Inc., Washington, DC, have been added as parties to this venture. Also, Solid State Scientific Corp., Hollis, NH, has withdrawn as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and TReX II intends to file additional written notifications disclosing all changes in membership. On February 17, 2023, TReX II filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to section 6(b) of the Act on June 13, 2023 (88 FR 38536). The last notification was filed with the Department on April 19, 2024. A notice was published in the Federal Register pursuant to section 6(b) of the Act on June 28, 2024 (89 FR 54045). Suzanne Morris, Deputy Director Civil Enforcement Operations, Antitrust Division. [FR Doc. 2024–23627 Filed 10–10–24; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—1EdTech Consortium, Inc. Notice is hereby given that, on July 16, 2024, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), 1EdTech Consortium, Inc. (‘‘1EdTech Consortium’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade E:\FR\FM\11OCN1.SGM 11OCN1

Agencies

[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Pages 82625-82627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23548]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1359]


Certain Portable Battery Jump Starters and Components Thereof 
(II); Notice of a Commission Determination To Review in Part and, on 
Review, To Affirm a Final Initial Determination Finding No Violation; 
Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part and, on review, to affirm a 
final initial determination (``FID'') of the presiding administrative 
law judge (``ALJ'') finding no violation of section 337. 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: The Commission instituted this investigation 
on April 18, 2023, based on a complaint filed on behalf of the NOCO 
Company (``NOCO'') of Glenwillow, Ohio. 88 FR 23686-87 (Apr. 18, 2023). 
The complaint, as amended, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based 
on the importation into the United States, the sale for importation, 
and/or the sale within the United States after importation of certain 
portable battery jump starters and components thereof

[[Page 82626]]

by reason of infringement of certain claims of U.S. Patent Nos. 
9,770,992 (``the '992 patent''); 10,328,808 (``the '808 patent''); 
10,981,452 (``the '452 patent''); 11,254,213 (``the '213 patent''); and 
11,447,023 (``the '023 patent''), as well as common law trade dress 
infringement, false designation of origin, false advertising, and 
unfair competition, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. Id. at 23686. 
The amended complaint further alleges that a domestic industry exists. 
Id. The Commission instituted two separate investigations and defined 
the scope of the present investigation as whether there is a violation 
of section 337 based on the allegations of infringement of the asserted 
claims of the '992, '808, '452, '213, and '023 patents as to the 
accused products identified in the notice of investigation.
    The notice of investigation named 19 respondents, and the Office of 
Unfair Import Investigations (``OUII'') is also named as a party. Id. 
at 23687. The 19 respondents are organized into the following four 
groups:
    (1) Shenzhen Take Tools Co. Ltd. of Shenzhen, China; Shenzhenshi 
Dianjia Technology Co., Ltd., d/b/a Yesper Direct (Hong Kong Haowei 
Technology Co. Ltd.) of Hong Kong, China; and Guangzhou Sihao Trading 
Co., Ltd., d/b/a Snailhome (Audew) also d/b/a Shenzhen Xinshu Trading 
Co. Ltd. of Shenzhen, China (collectively, the ``Non-Appearing 
Respondents'');
    (2) Shenzhen Winplus Shenzhen Pinwang Industrial Technology Co., 
Ltd. of Shenzhen, China; Winplus North America, Inc. of Costa Mesa, 
California; and Winplus NA, LLC of Costa Mesa, California 
(collectively, the ``Stipulated Respondents'');
    (3) Shenzhen Carku Technology Co., Ltd. (``Carku'') of Shenzhen, 
China; Aukey Technology Co., Ltd. (``Aukey'') of Shenzhen, China; 
Metasee LLC (``Metasee'') of Pearland, Texas; Ace Farmer LLC (``Ace 
Farmer'') of Houston, Texas; Shenzhen Gooloo E-Commerce Co., Ltd. 
(``Gooloo Ecommerce'') of Shenzhen, China; Gooloo Technologies LLC 
(``Gooloo Technologies'') of Shenzhen, China; Shenzhen Konghui Trading 
Co., Ltd., d/b/a Hulkman Direct (``Konghui'') of Shenzhen, China; 
Hulkman LLC (``Hulkman'') of Santa Clara, California; Shenzhenshi 
Daosishangmao Youxiangongsi, d/b/a Fanttik Direct (``Daosi'') of 
Shenzhen, China; Shenzhenshi Xinmeitemuxiangbao Zhuangyouxiangongsi, d/
b/a Thikpo (Spanarci) (``Xinmeite'') of Shenzhen, China; 
ChangShaHongMaoKai KeJiYouXianGongSi, d/b/a TopdonStarter 
(``HongMaoKai'') of Changsha, China; Shenzhenshi 
Shoudiankejiyouxiangongsi, d/b/a Solvtin (``Shoudian'') of Shenzhen, 
China (collectively, the ``Carku Respondents''); and
    (4) ADC Solutions Auto LLC, d/b/a Type S Auto (``ADC'') of Costa 
Mesa, California. Id. at 23686-87.
    On June 23, 2023, the Commission amended the complaint and notice 
of investigation to add infringement allegations as to claims 1-13, 15-
30, 32, 33, 35-44, and 46-57 of U.S. Patent No. 11,584,243 (``the '243 
patent''). Order No. 5 (May 26, 2023), unreviewed by Comm'n Notice 
(June 26, 2023).
    On December 21, 2023, the Commission terminated the investigation 
as to the following asserted claims: (i) claims 2, 4-9, 11-13, and 15-
21 of the '992 patent; (ii) claims 2-10, 12-15, and 17 of the '808 
patent; (iii) claims 2-16 of the '452 patent; (iv) claims 2-16 of the 
'213 patent; (v) claims 2-4, 6-18, 20-23, 25-28, 31, 33, 35-38, and 41-
53 of the '023 patent; (vi) claims 3-9, 15-17, 19-25, 29, 30, 32, 33, 
35-44, 46-49, 51-53, and 55-57 of the '243 patent. Order No. 18 (Nov. 
27, 2023), unreviewed by Comm'n Notice (Dec. 21, 2023).
    On February 7, 2024, the Commission terminated the investigation as 
to the '452 patent and the '213 patent. Order No. 24 (Jan. 9, 2024), 
unreviewed by Comm'n Notice (Feb. 7, 2024).
    On March 11, 2024, the Commission terminated the investigation as 
to asserted claims 5, 24, 29-30, and 40 of the '023 patent and asserted 
claims 10-13, 26-28, and 50 of the '243 patent, and as to the Non-
Appearing Respondents and the Stipulated Respondents. Order No. 26 
(Feb. 9, 2024), unreviewed by Comm'n Notice (March 11, 2024).
    On February 26 to March 1, 2024, the ALJ held an evidentiary 
hearing, with an additional hearing on March 14, 2024. The '023, '243, 
'992 and '808 patents remained asserted in the investigation as of the 
evidentiary hearing.
    On July 5, 2024, the ALJ issued the FID finding no violation of 
section 337 with respect to the remaining asserted patents. 
Specifically, the FID finds that all asserted claims of the four 
patents are invalid as obvious under 35 U.S.C. 103. The FID finds that 
certain accused products infringe the asserted claims of the '023 and 
'243 patents, none of the accused products infringe the '992 and '808 
patent, and none of the adjudicated redesigns put forth by the Carku 
Respondents and ADC (collectively, ``Respondents'') infringe any of the 
four asserted patents. The FID also finds that the asserted claims of 
the '023 and '243 patents have not been shown to be invalid under 35 
U.S.C. 112 based on lack of written description or lack of enablement 
and have not been shown to be unenforceable. The FID does not address 
invalidity under 35 U.S.C. 112 or unenforceability for the '992 and 
'808 patents because the parties did not raise these issues. Lastly, 
the FID finds that the domestic industry requirement, both the 
technical prong and the economic prong, is satisfied for all four 
asserted patents.
    On July 19, 2024, the ALJ issued a Recommended Determination 
(``RD'') recommending, should the Commission find a violation of 
section 337, that the Commission issue: (1) a limited exclusion order 
against Respondents (i.e., the remaining respondents); and (2) cease-
and-desist orders against the following respondents: ADC, Metasee, 
Gooloo, Konghui, Xinmeite, Shoudian, HongMaoKai, and Daosi. The RD 
further recommends that the Commission set a 100 percent bond during 
the period of Presidential review.
    Also on July 19, 2024, NOCO petitioned for Commission review of the 
FID's findings on the '023 and '243 patents concerning: (1) 
construction of the claim terms ``USB input circuit,'' ``USB charge 
circuit,'' and ``USB input connector'' (collectively, ``the USB 
terms''); (2) non-infringement with respect to the accused Carku and 
ADC products; and (3) invalidity. On the same day, Respondents 
contingently petitioned for Commission review of the FID's findings on 
the '023 and '243 patents concerning: (1) infringement with respect to 
the accused Carku and ADC products; (2) validity under Sec.  112; and 
(3) NOCO's satisfaction of the domestic industry requirement. Further 
on the same day, OUII contingently petitioned for Commission review of 
the FID's findings on the '023 and '243 patents concerning: (1) 
infringement with respect to the accused ADC products and (2) 
additional non-infringement grounds concerning the accused Carku 
products. No party petitioned for review of the issues on non-
infringement and invalidity as to the '992 and '808 patents, and 
enforceability as to the '023 and '243 patents.
    On July 25, 2024, 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. 89 FR 60451-52 (July 25, 2024). No responses from the public 
were filed. Similarly, no parties have submitted a statement on the 
public interest pursuant to

[[Page 82627]]

Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4).
    On July 29, 2024, NOCO responded to Respondents' and OUII's 
contingent petitions for review of the FID. On the same day, 
Respondents responded to NOCO's petition (but did not respond to OUII's 
contingent petition), and OUII responded to NOCO's and Respondents' 
petitions.
    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 the FID's 
finding of no violation. In particular, the Commission has determined 
to review and, on review, to clarify the FID's jurisdictional findings 
by explaining that the Commission's investigative authority is 
statutory and that the terms ``subject matter jurisdiction,'' 
``personal jurisdiction,'' and ``in rem jurisdiction'' are not relevant 
to the Commission's investigative authority under section 337. The 
Commission has also determined to review and, on review, to affirm with 
supplemental analysis the FID's construction of the USB terms recited 
in the '023 and '243 patents. The Commission has further determined to 
review and, on review, to affirm with supplemental analysis the FID's 
findings that the asserted claims of the '023 and the '243 patents are 
invalid under 35 U.S.C. 103 and are not invalid under 35 U.S.C. 112. 
Lastly, the Commission has determined to review and, on review, to take 
no position with respect to the economic prong of the domestic industry 
requirement. 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 October 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: October 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-23548 Filed 10-10-24; 8:45 am]
BILLING CODE 7020-02-P


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