[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Notices]
[Pages 22162-22164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10112]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1086]
Certain Mounting Apparatuses for Holding Portable Electronic
Devices and Components Thereof; Notice of a Commission Determination
Not To Review a Remand Initial Determination Finding a Violation of
Section 337; Request for Written Submissions on Remedy, Bonding, and
the Public Interest; and Extension of the Target Date for Completion of
the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
[[Page 22163]]
Commission has determined not to review a remand initial determination
(``RID'') (Order No. 16) of the chief administrative law judge
(``ALJ''), finding a violation of section 337 with respect to U.S.
Patent No. 8,544,161 (``the '161 patent''). The Commission is
requesting written submissions on remedy, bonding, and the public
interest and has extended the target date for completion of the
investigation to June 13, 2019.
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 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 this investigation
on November 28, 2017, based on a complaint filed on behalf of National
Products Inc. (``NPI'') of Seattle, Washington. 82 FR 56266-67. The
complaint 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 the '161 patent, U.S. Patent Nos. D703,657; 8,186,636; D571,278
(``the D'278 patent''); D574,204; and 9,568,148; and U.S. Trademark
Registration No. 4,254,086. The Commission's notice of investigation
named ten respondents, including Shenzhen Chengshuo Technology Co.,
Ltd., d/b/a WUPP (``WUPP'') of Zhejiang, China; Foshan City Qishi
Sporting Goods, Technology Co., Ltd., Guangzhou Kean Products Co.,
Ltd., Gangzhou Kaicheng Metal Produce Co., Shenzhen Smilin Electronic
Technology, Co., Ltd., and Shenzhen New Dream Intelligent Plastic, Co.,
Ltd., all of Guangdong, China; Chengdu MWUPP Technology Co., Ltd. of
Sichuan Province, China; and Shenzhen Yingxue Technology Co., Ltd., d/
b/a Yingxue Tech. (``Yingxue Technology''), Shenzhen Shunsihang
Technology Co., Ltd., d/b/a BlueFire (``BlueFire''), and Prolech
Electronics Limited, all of Shenzhen, China. The Office of Unfair
Import Investigations (``OUII'') is also a party to the investigation.
All respondents in the investigation have been found in default, and
the D'278 patent has been terminated from the investigation. See Comm'n
Notice (June 5, 2018); Comm'n Notice (July 18, 2018).
On November 28, 2018, the ALJ issued an ID granting in part NPI's
motion (as supplemented on July 10, July 19, and September 14, 2018)
for summary determination of violation of section 337 by the defaulting
respondents and request for issuance of a general exclusion order
(``GEO''). Regarding the '161 patent, NPI alleged induced and
contributory infringement of claim 1 of this patent with respect to the
accused WUPP X-Grip Mount. The ALJ found that NPI did not establish
direct infringement of this claim by substantial, reliable, and
probative evidence.
On March 18, 2019, the Commission issued notice of its
determination: (1) To review the ID's finding that direct infringement
was not established with respect to claim 1 of the '161 patent; and (2)
on review, to reverse this finding and remand to the ALJ the issue of
whether NPI has established induced and contributory infringement of
this claim. The Commission determined not to review the remainder of
the ID.
On April 16, 2019, the ALJ issued an RID finding a violation of
section 337 with respect to claim 1 of the '161 patent. Specifically,
the ALJ found that NPI has shown induced and contributory infringement
of this claim by respondents WUPP and Yingxue Technology by
substantial, reliable, and probative evidence. No party petitioned for
review of the subject RID.
Having reviewed the record, the Commission has determined not to
review the RID and has extended the target date for completion of the
investigation to June 13, 2019.
As noted above, ten respondents have been found in default. Section
337(g) and Commission Rule 210.16(c) authorize the Commission to issue
relief against respondents found in default unless, after considering
the public interest, it finds that such relief should not issue. In its
motion for summary determination, NPI requested a GEO.
In connection with the final disposition of this investigation, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or likely to do so. For
background, see Certain Devices for Connecting Computers via Telephone
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10
(December 1994).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
Complainant and OUII are also requested to submit proposed remedial
orders for the Commission's consideration. Complainant is also
requested to state the date that the asserted patents expire, the HTSUS
numbers under which the accused products are imported, and to supply
the names of known importers of the products at issue in this
investigation. The written submissions and proposed remedial orders
must be filed no later than close of business on May 17, 2019. Reply
submissions must be filed no later than the close of business on May
24, 2019. No further submissions on these
[[Page 22164]]
issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit eight
true paper copies to the Office of the Secretary pursuant to Section
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to the investigation number (``Inv.
No. 337-TA-1086'') in a prominent place on the cover page and/or the
first page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions
regarding filing should contact the Secretary at (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment unless the information
has already been granted such treatment during the proceedings. All
such requests should be directed to the Secretary of the Commission and
must include a full statement of the reasons why the Commission should
grant such treatment. See 19 CFR 210.6. Documents for which
confidential treatment by the Commission is sought will be treated
accordingly. A redacted non-confidential version of the document must
also be filed simultaneously with any confidential filing. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel,\1\ solely for
cybersecurity purposes. All non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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: May 10, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-10112 Filed 5-15-19; 8:45 am]
BILLING CODE 7020-02-P