[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Notices]
[Page 10531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05343]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1057 (Advisory Opinion Proceeding)]


Certain Robotic Vacuum Cleaning Devices and Components Thereof 
Such as Spare Parts; Institution of an Advisory Opinion Proceeding

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 to institute an advisory opinion proceeding 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 (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. 
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 an investigation 
on May 23, 2017, based on a complaint filed by iRobot Corporation of 
Bedford, Massachusetts (``iRobot''). 82 FR 23593-94. The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain robotic vacuum cleaning devices and 
components thereof that infringe certain claims of, inter alia, U.S. 
Patent No. 9,038,233 (``the '233 patent''). Id. The Commission's notice 
of investigation named as a respondent, inter alia, Shenzhen Silver 
Star Intelligent Technology Co., Ltd., of Shenzhen, China (``Silver 
Star''). Id. at 23593. The Office of Unfair Import Investigations did 
not participate in the investigation. Id.
    On November 30, 2018, the Commission found, inter alia, that Silver 
Star violated section 337 with respect to the '233 patent, and issued a 
limited exclusion order (``LEO'') against, inter alia, Silver Star with 
respect to claims 1, 10, 11, and 14-16 of the '233 patent. 83 FR 63186-
87. The Commission also issued cease and desist orders (``CDOs'') 
against two of Silver Star's customers, Hoover Inc. and bObsweep, Inc., 
regarding those same claims. Id.
    On January 30, 2019, Silver Star filed a request for an advisory 
opinion that eight of its products do not violate the LEO and CDOs. On 
February 11, 2019, iRobot opposed the advisory opinion request on 
numerous grounds.
    On February 22, 2019, Silver Star requested leave to file a reply 
in support of its request for an advisory opinion. On February 27, 
2019, iRobot argued that Silver Star's request for leave should be 
denied, or alternatively, iRobot should be given leave to file the 
attached sur-reply.
    The Commission has determined that Silver Star's request complies 
with the requirements for institution of an advisory opinion proceeding 
under Commission Rule 210.79. The Commission finds that proceeding 
requires sufficient factfinding to warrant the delegation of the 
proceeding to an administrative law judge. Accordingly, the Commission 
has determined to institute an advisory opinion proceeding and has 
referred Silver Star's request to the Chief Administrative Law Judge to 
designate a presiding administrative law judge. The following entities 
are named as parties to the proceeding: (1) Complainant iRobot; (2) 
respondent Silver Star; and (3) the Office of Unfair Import 
Investigations. The Commission has also determined to deny Silver 
Star's request for leave to file a reply in support of its advisory 
opinion request.
    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: March 15, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-05343 Filed 3-20-19; 8:45 am]
 BILLING CODE 7020-02-P