[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Page 12289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06194]
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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 (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 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, 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) respondents bObsweep USA and bObsweep, Inc.;
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 26, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06194 Filed 3-29-19; 8:45 am]
BILLING CODE 7020-02-P