[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Notices]
[Pages 3456-3457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01318]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1055]


Certain Mirrors With Internal Illumination and Components Thereof 
Issuance of a Limited Exclusion Order and Cease and Desist Order 
Directed Against the Defaulting Respondent; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has terminated the above-captioned investigation under 
section 337 of the Tariff Act of 1930, as amended, and has issued a 
limited exclusion order directed against infringing products of the 
respondent Project Light, LLC (d/b/a Project Light, Inc., Prospetto 
Light, LLC, and/or Prospetto Lighting, LLC) of Stow, Ohio (``Project 
Light'' or ``the defaulting respondent'') previously found in default. 
The Commission has also issued a cease and desist order directed 
against the defaulting respondent.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
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: The Commission instituted this investigation 
on May 8, 2017, based on a complaint filed by Electric Mirror, LLC of 
Everett, Washington (``Electric Mirror'') and Kelvin 42 LLC of 
Pensacola, Florida (``Kelvin''). 82 FR 21405-06. The complaint, as 
amended, alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, by reason of infringement of certain claims 
of U.S. Patent Nos. 7,853,414 (``the '414 patent'') and 7,559,668 
(``the '668 patent''). The complaint further alleged the existence of a 
domestic industry. The Commission's notice of investigation named as 
respondents Project Light; Lumidesign Inc. of Ontario, Canada 
(``Lumidesign''); and Majestic Mirrors & Frame, LLC of Miami, Florida 
(``Majestic''). The complaint and notice of investigation were served 
on all respondents. See Notice of Investigation, Certificate of Service 
(May 2, 2017) (EDIS Document 610362). The Office of Unfair Import 
Investigations did not participate in the investigation.
    On July 10, 2017, the Commission determined not to review an 
initial determination (``ID'') (Order No. 6) issued by the presiding 
administrative law judge (``ALJ'') terminating the investigation as to 
complainant Kelvin, respondent Majestic, and the '668 patent based on 
withdrawal of those allegations in the complaint. On July 27, 2017, the 
Commission determined not to review the ALJ's ID (Order No. 8) 
terminating the investigation as to Lumidesign based on a settlement 
agreement.
    On August 3, 2017, the ALJ issued an ID (Order No. 10) finding 
Project Light in default, pursuant to 19 CFR 210.16, because this 
respondent did not respond to the complaint and notice of 
investigation, or to Order No. 9 to show cause why it should not be 
found in default. On August 22, 2017, the Commission determined not to 
review the ID finding Project Light in default. The Commission found 
that the statutory requirements of section 337(g)(1)(A)-(E) (19 U.S.C. 
1337(g)(1)(A)-(E)) were met with respect to Project Light. Accordingly, 
pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission 
rule 210.16(c) (19 CFR 210.16(c)), the Commission presumed the facts 
alleged in the complaint to be true.
    On the same date, the Commission requested public briefing on 
remedy, the public interest, and bonding with respect to Project Light. 
82 FR 43252-54 (Sept. 14, 2017). On September 5, 2017, Electric Light 
submitted responsive briefing including a proposed limited exclusion 
order directed to the covered products of Project Light and a cease and 
desist order directed to the defaulting respondent.
    The Commission has determined that the appropriate form of relief 
includes a limited exclusion order prohibiting the unlicensed entry of 
mirrors with internal illumination and components thereof that infringe 
one or more of claims 9 and 18 of the '414 patent, which are 
manufactured abroad by or on behalf of, or are imported by or on behalf 
of, Project Light, or any of its affiliated companies, parents, 
subsidiaries, licensees, contractors, or other related business 
entities, or their successors or assigns. Appropriate relief also 
includes a cease and desist order prohibiting Project Light from 
conducting any of the following activities in the United States: 
importing, selling, marketing, advertising, distributing, offering for

[[Page 3457]]

sale, transferring (except for exportation), and soliciting U.S. agents 
or distributors for mirrors with internal illumination and components 
thereof that infringe one or more of claims 9 and 18 of the '414 
patent. See Certain Electric Skin Care Devices, Brushes and Chargers 
Therefor, and Kits Containing the Same, Inv. No. 337-TA-959, Comm'n Op. 
(Feb. 13, 2017) (public version) (including Chairman Schmidtlein 
Separate views on issuing cease and desist orders governed by section 
337(g)(1)).
    The Commission has further determined that the public interest 
factors enumerated in sections 337(d), (f), and (g)(1) (19 U.S.C. 
1337(d), (f), and (g)(1)) do not preclude issuance of the limited 
exclusion order or the cease and desist order. Finally, the Commission 
has determined that a bond in the amount of 100 percent of the entered 
value of the covered products is required to permit temporary 
importation during the period of Presidential review (19 U.S.C. 
1337(j)). The Commission's orders were delivered to the President and 
to the United States Trade Representative on the day of their issuance.
    The Commission has terminated this investigation. 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: January 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01318 Filed 1-24-18; 8:45 am]
 BILLING CODE 7020-02-P