[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Notices]
[Pages 22164-22165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10196]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1156]
Certain Led Packages Containing PFS Phosphor and Products
Containing Same; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 11, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of Current
Lighting Solutions, LLC of East Cleveland, Ohio; General Electric Co.,
of Boston, Massachusetts; and Consumer Lighting (U.S.), LLC d/b/a GE
Lighting of East Cleveland Ohio. A supplement was filed on April 30,
2019. The complaint, as supplemented, 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 LED packages containing PFS phosphor and products containing
same by reason of infringement of certain claims of U.S. Patent No.
7,497,973 (``the '973 patent'') and U.S. Patent No. 9,680,067 (``the
'067 patent''). The complaint further alleges that an industry in the
United States exists as required by the applicable Federal Statute.
The complainants request 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, Office of the
Secretary, Docket Services Division, 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, as
supplemented, the U.S. International Trade Commission, on May 10, 2019,
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 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 1-4, 6-10, and 12-22 of the '973 patent and claims 1, 3, 4, 7,
11, and 12 of the '067 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 ``LED packages, which
are housings that include an LED chip and one or more phosphors,
comprised of fluoride-based phosphors activated with manganese, and
products containing the same'';
(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 are:
Current Lighting Solutions, LLC, 1975 Noble Road, Building 338,
Nela Park, East Cleveland, OH 44112.
General Electric Co., 41 Farnsworth Street, Boston, MA 02210.
Consumer Lighting (U.S.), LLC, d/b/a GE Lighting, 1975 Noble Road,
Building 338, East Cleveland, OH 44112.
(b) The respondents are the following entities alleged to be in
violation of
[[Page 22165]]
section 337, and are the parties upon which the complaint is to be
served:
Cree, Inc., 4600 Silicon Drive, Durham, NC 27703.
Cree Hong Kong Ltd., 18 Science Park East Avenue, Hong Kong Science
Park,, Shatin, New Territories,, Hong Kong.
Cree Huizhou Solid State Lighting Co. Ltd., No. 32 Zhong Kai High,
Tech Development Park, 830000, Huizhou, Guangdong 516006, China.
(4) 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: May 10, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-10196 Filed 5-15-19; 8:45 am]
BILLING CODE 7020-02-P