[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 12002-12003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06044]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1057; Enforcement Proceeding]


Certain Robotic Vacuum Cleaning Devices and Components Thereof 
Such as Spare Parts; Notice of Institution of Formal Enforcement 
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 instituted a formal enforcement proceeding related to 
cease and desist orders issued 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 such as spare parts that infringe certain claims of, 
inter alia,

[[Page 12003]]

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'') and bObsweep USA of Henderson, Nevada and bObsweep, 
Inc. of Toronto, Canada (together, ``bObsweep''). 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 and bObsweep 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 Silver Star's customer bObsweep 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 March 15, 2019, the Commission determined to 
institute an advisory opinion proceeding and delegated the proceeding 
to an administrative law judge.
    On February 21, 2019, iRobot filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75(b) to investigate alleged violations of the CDOs by 
bObsweep. On March 5, 2019, bObsweep filed a letter opposing the 
institution of a formal enforcement proceeding.
    Having examined the enforcement complaint and the supporting 
documents, as well as the letter, the Commission has determined to 
institute a formal enforcement proceeding to determine whether bObsweep 
is in violation of the CDOs issued in the original investigation and 
what, if any, enforcement measures are appropriate. The following 
entities are named as parties to the formal enforcement proceeding: (1) 
Complainant iRobot; (2) respondent Silver Star; and (3) the Office of 
Unfair Import Investigations. The Commission has further determined to 
consolidate the enforcement proceeding with the advisory opinion 
proceeding.
    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 25, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06044 Filed 3-28-19; 8:45 am]
 BILLING CODE 7020-02-P