[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Notices]
[Pages 7520-7522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3252]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-632]


Certain Refrigerators and Components Thereof; Notice of the 
Commission's Final Determination of No Violation of Section 337, 
Extension of Target Date, Termination of the 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 that there is no violation of Section 337 of 
the Tariff Act of 1930 (19 U.S.C. * 1337) by LG Electronics, Inc.; LG 
Electronics, USA, Inc.; and LG Electronics Monterrey Mexico, S.A., De, 
CV. The target date of the investigation is extended to February 12, 
2010. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2301. Copies of the 
presiding Administrative Law Judge's (``ALJ'') Initial Determinations 
(``ID'') and all other non-confidential documents filed in connection 
with this investigation are

[[Page 7521]]

or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On February 26, 2008, the Commission 
instituted this investigation, based on a complaint filed by Whirlpool 
Patents Company of St. Joseph, Michigan; Whirlpool Manufacturing 
Corporation of St. Joseph, Michigan; Whirlpool Corporation of Benton 
Harbor, Michigan; and Maytag Corporation of Benton Harbor, Michigan 
(collectively, ``Whirlpool''). The complaint, as supplemented, alleged 
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 refrigerators and components thereof that 
infringe certain claims of U.S. Patent Nos. 6,082,130 (``the `130 
patent''); 6,810,680 (``the `680 patent''); 6,915,644 (``the `644 
patent''); 6,971,730 (``the `730 patent''); and 7,240,980 (``the `980 
patent''). Whirlpool named LG Electronics, Inc.; LG Electronics, USA, 
Inc.; and LG Electronics Monterrey Mexico, S.A., De, CV (collectively, 
``LG'') as respondents. The complaint, as supplemented, further alleged 
that an industry in the United States exists as required by subsection 
(a)(2) of Section 337 and requested that the Commission issue an 
exclusion order and cease and desist orders.
    On May 1, 2008, Whirlpool filed a motion to partially terminate the 
investigation based on their withdrawal of the `730 patent and the `980 
patent. LG supported the motion. On June 9, 2009, the ALJ issued an ID, 
Order No. 8, terminating the investigation, in part, as to the `730 and 
`980 patents. On June 24, 2008, the Commission determined not to review 
Order No. 8. On September 11, 2008, Whirlpool and LG filed a joint 
motion seeking termination of this investigation with respect to the 
`680 patent and the `644 patent on the basis of a settlement agreement. 
On September 25, 2008, the ALJ issued an ID, Order No. 10, terminating 
the investigation, in part, as to the `680 and `644 patents. No 
petitions for review were filed. On October 27, 2008, the Commission 
determined not to review Order No. 10. The `130 patent is the sole 
patent remaining in this investigation.
    On October 17, 2008, Whirlpool filed a motion for summary 
determination that it had satisfied the importation requirement. On 
November 20, 2008, the ALJ issued an ID, Order No. 14, granting 
complainant's motion for summary determination of importation. No 
petitions for review were filed. On December 15, 2008, the Commission 
issued notice that it had determined not to review Order No. 14.
    On July 24, 2008, Whirlpool filed a motion seeking leave to amend 
the complaint and notice of investigation to (1) remove references to 
patents that had been withdrawn from this investigation; (2) add a 
reference to a non-exclusive license that relates to two patents at 
issue; and (3) update the current state of the domestic industry. On 
November 25, 2008, the ALJ issued Order No. 15, in which he granted 
Whirlpool's motion as to (1) and (3) above and denied it with respect 
to (2). No petitions for review were filed. The Commission determined 
not to review the subject ID on December 15, 2008.
    On February 26, 2009, the ALJ issued a final ID, in which he found 
no violation of Section 337. On March 11, 2009, Whirlpool filed a 
petition for review, and LG filed a contingent petition for review. 
Whirlpool, LG and the Commission investigative attorney (``IA'') filed 
responses. On April 27, 2009, the Commission determined to review the 
final ID in its entirety. 74 FR 20345-6 (May 1, 2009). In particular, 
the Commission was concerned with the ALJ's claim construction of the 
terms ``freezer compartment,'' ``disposed within the freezer 
compartment,'' and ``ice storage bin having a bottom opening.'' The 
Commission asked the parties to address several questions concerning 
claim construction.
    After receiving briefing from the parties, the Commission 
determined to modify the ALJ's claim constructions of the terms 
``freezer compartment,'' ``disposed within the freezer compartment,'' 
and ``ice storage bin having a bottom opening,'' determined to affirm 
the ALJ's construction of the term ``ice maker,'' and determined to 
remand the investigation to the ALJ to make findings regarding 
infringement, validity, and domestic industry consistent with the 
Commission's claim constructions. The Commission further ordered the 
ALJ to issue a remand ID (``RID'') on violation and a recommended 
determination on remedy and bonding. The Commission also issued an 
Opinion detailing its reasons for modifying the claim constructions.
    On July 22, LG filed a petition for reconsideration of the 
Commission's decision to modify the ALJ's claim constructions of the 
phrases ``freezer compartment'' and ``disposed within the freezer 
compartment.'' On August 28, 2009, the Commission denied LG's petition.
    On October 9, 2009, the ALJ issued his RID, in which he found no 
violation of Section 337. Specifically, the ALJ found that the accused 
refrigerators and components thereof do not infringe claims 1, 2, 4, 6, 
8, and 9 of the `130 patent literally or under the doctrine of 
equivalents. The ALJ also found that claims 1, 2, 4, 6, and 9 of the 
`130 patent are invalid under 35 U.S.C. 103 for obviousness, but that 
claim 8 of the `130 patent is not invalid under 35 U.S.C. 103. The ALJ 
further found that a domestic industry exists.
    On October 26, 2009, Whirlpool filed a petition for review 
challenging the RID's conclusion of non-infringement and obviousness. 
LG also filed a contingent petition for review challenging the ALJ's 
findings concerning non-obviousness and his conclusion that a domestic 
industry exists. On November 3, 2009, LG filed a response to 
Whirlpool's petition. On November 4, 2009, Whirlpool filed a response 
to LG's petition. On November 6, 2009, the IA filed a combined response 
to both petitions.
    On December 14, 2009, the Commission issued a Notice determining to 
review the RID in its entirety and requesting written submissions from 
the parties regarding the issues under review, particularly concerning 
the validity of claim 2 of the `130 patent, as well regarding issues of 
remedy, the public interest, bonding. 74 FR 67250-1 (Dec. 18, 2009). 
The parties filed initial submissions in response to the Commission's 
Notice on December 30, 2009, and reply submissions on January 7, 2010.
    Having examined the record of this investigation, including the 
ALJ's final RID, the Commission has determined to affirm the RID's 
determination of no violation of the `130 patent.
    Specifically, the Commission has determined to modify the ALJ's 
implied construction of the claim limitations ``the auger moves ice 
pieces from the ice storage bin through the bottom opening for 
dispensing from the ice storage bin'' and ``ice crushing region.'' The 
Commission has also determined to reverse a portion of the ALJ's 
determination of non-infringement and find that the accused side-by-
side

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models infringe claims 1, 2, 4, 6, and 9 of the `130 patent.
    The Commission has determined to affirm the remainder of the ALJ's 
findings. Specifically, the Commission affirms the ALJ's finding that 
the accused side-by-side model refrigerators do not infringe claim 8 of 
the `130 patent. The Commission also affirms the ALJ's finding that the 
accused French Door model refrigerators do not infringe any of the 
asserted claims of the `130 patent. The Commission further affirms the 
ALJ's finding that claims 1, 2 4, 6, and 9 of the `130 patent are 
invalid for obviousness with several modifications to the analysis 
concerning claims 1 and 2. The Commission also affirms the ALJ's 
finding that claim 8 is not invalid for obviousness. Finally, the 
Commission affirms the ALJ's finding that there is a domestic industry.
    The target date of the investigation was February 9, 2010. Due to 
inclement weather, the Federal government was closed from Monday, 
February 8 through Thursday, February 11, 2010. The target date is, 
therefore, extended to Friday, February 12, 2010, pursuant to 
Commission Rule 210.51(a) (19 CFR 210.51(a)).
    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 sections 210.42-46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-46).

    Issued: February 12, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-3252 Filed 2-18-10; 8:45 am]
BILLING CODE 7020-02-P