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]
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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
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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
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(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
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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
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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
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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
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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
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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,
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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
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]]>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.
-----------------------------------------------------------------------
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
