International Trade Commission November 2019 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 29, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Knowles Corporation of Itasca, Illinois; Knowles Electronics, LLC of Itasca, Illinois; and Knowles Electronics (Suzhou) Co., Ltd. of China. Supplements to the complaint were filed on September 18 and November 5, 2019. The complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of certain balanced armature devices, products containing same, and components thereof by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order or, in the alternative, limited exclusion orders, and cease and desist orders.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 23, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of EcoFactor, Inc. of Palo Alto, California. The complaint alleges violations 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 smart thermostats, smart HVAC systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,131,497 (``the '497 patent''); U.S. Patent No. 8,423,322 (``the '322 patent''); U.S. Patent No. 8,498,753 (``the '753 patent''); and U.S. Patent No. 10,018,371 (``the '371 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 14) of the presiding administrative law judge (``ALJ'') granting an unopposed motion to amend the complaint, case caption, and notice of investigation in the above-captioned investigation.

Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Section 337 Violation and a Recommended Determination on Remedy and Bonding in the above- captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules.

Notice is hereby given that the U.S. International Trade Commission has issued a general exclusion order (``GEO'') denying entry of certain water filters and components thereof as well as two cease and desist orders (``CDOs''). The investigation is terminated.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 7, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Erbe Elektromedizin GmbH of the Republic of Germany and Erbe USA, Inc. of Marietta, Georgia. The complaint alleges violations 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 argon plasma coagulation system probes, their components, and other argon plasma coagulation system components for use therewith by reason of infringement of certain claims of U.S. Patent No. 7,311,707 (``the '707 patent''); U.S. Patent No. 7,717,911 (``the '911 patent''); U.S. Patent No. 9,510,889 (``the '889 patent''); U.S. Patent No. 9,603,653 (``the '653 patent''); and U.S. Patent No. D577,671 (``the '671 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has determined to vacate the presiding administrative law judge's (``ALJ'') domestic industry finding with respect to U.S. Patent No. 9,398,364 (``the '364 patent''), remand the investigation in part to the ALJ for further proceedings with respect to that patent consistent with its concurrently issued opinion and remand order, and extend the target date for completion of the investigation. The Commission has also determined to issue: (1) A general exclusion order prohibiting the unlicensed importation of certain earpiece devices and components thereof that infringe one or more of claims 1 and 7 of U.S. Patent No. 9,036,852 (``the '852 patent''); claims 1 and 8 of U.S. Patent No. 9,036,853 (``the '853 patent''); claims 1 and 6 of U.S. Patent No. 9,042,590 (``the '590 patent''); and claims 1, 7, and 8 of U.S. Patent No. 8,249,287 (``the '287 patent''); (2) a limited exclusion order prohibiting respondent V4ink Inc. (``V4ink'') from importing certain earpiece devices and components thereof that infringe claim 1 of U.S. Patent No. 8,311,253 (``the '253 patent''); and (3) cease and desist orders against certain respondents that were found in default or had not participated in the above-captioned investigation. The investigation is terminated with respect to these five patents.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of LG Chem, Ltd. of the Republic of Korea; LG Chem Michigan Inc. of Holland, Michigan; and Toray Industries, Inc. of Japan. A supplement was filed on September 27, 2019. The complaint, as supplemented, alleges violations 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 lithium-ion battery cells, battery modules, battery packs, components thereof (including battery separators and powderous electrode active material), and vehicles containing same by reason of infringement of certain claims of U.S. Patent No. 7,662,517 (``the '517 patent''); U.S. Patent No. 7,638,241 (``the '241 patent''); U.S. Patent No. 7,709,152 (``the '152 patent''); and U.S. Patent No. 7,771,877 (``the '877 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

The Commission hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether revocation of the countervailing duty orders on non-oriented electrical steel (``NOES'') from China and Taiwan and revocation of the antidumping duty orders on NOES from China, Germany, Japan, Korea, Sweden, and Taiwan would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.