[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Notices]
[Pages 49575-49576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21362]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1133]
Certain Unmanned Aerial Vehicles and Components Thereof;
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 30, 2018, under section
337 of the Tariff Act of 1930, as amended, on behalf of Autel Robotics
USA LLC of Bothell, Washington. 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 unmanned aerial vehicles and components thereof
by reason of infringement of certain claims of U.S. Patent No.
7,979,174 (``the '174 patent''); U.S. Patent No. 9,260,184 (``the '184
patent''); and U.S. Patent No. 10,044,013 (``the '013 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.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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, Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 26, 2018, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the
[[Page 49576]]
United States, the sale for importation, or the sale within the United
States after importation of certain products identified in paragraph
(2) by reason of infringement of one or more of claims 1-8 and 14-17 of
the '174 patent; claims 1-5 and 11 of the '184 patent; and claims 1, 3-
16, 18, and 21-24 of the '013 patent; and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``drones, rotors,
rotor assemblies, actuators, propulsion assemblies, batteries, battery
components, battery assemblies, controllers, processors, processing
components, modules, chips, and circuits used therein or therewith'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Autel Robotics USA LLC, 22522 29th Dr. SE, Suite 101, Bothell, WA 98021
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
SZ DJI Technology Co. Ltd., 14th Floor, West Wing, Skyworth,
Semiconductor Design Building, No. 18, Gaoxin South 4th Ave., Nanshan
District, Shenzhen, China 518063
DJI Europe B.V., Bijdorp-Oost 6, 2992 LA Barendrecht, Netherlands
DJI Technology Inc., 201 S Victory Blvd., Burbank, CA 91502
iFlight Technology Co. Ltd., Units 912-916, 9/F, Building 16W, No. 16
Science Park West Avenue, Hong Kong Science Park, Pak Shek Kok, Hong
Kong 999077
DJI Baiwang Technology Co. Ltd., Building 9, 7, 2, 1, Baiwang Creative
Factory, No. 1051, Songbai Road, Xili, Nanshan District, Shenzhen,
China 518105
DJI Research LLC, 435 Portage Avenue, Palo Alto, CA 94306
DJI Service LLC, 17301 Edwards Road, Cerritos, CA 90703
DJI Creative Studio LLC, 201 S. Victory Boulevard, Burbank, CA 91502
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: September 26, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-21362 Filed 10-1-18; 8:45 am]
BILLING CODE 7020-02-P