[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Notices]
[Page 24542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10996]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1057]
Consolidated Advisory Opinion and Enforcement Proceeding; Certain
Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare
Parts Commission's Determination Not to Review an Initial Determination
Terminating the Advisory Opinion Proceeding; Termination of 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 (``the Commission'') has determined not to review an initial
determination (``ID'') (Order No. 52) issued by the presiding
administrative law judge (``ALJ'') that terminates the advisory opinion
proceeding.
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 respondents, 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 and bObsweep, with respect to certain claims of the '233
patent. 83 FR 63186-87 (Dec. 7, 2018).
On January 30, 2019, Silver Star filed a request for an advisory
opinion that eight of its new products do not violate the LEO. On March
21, 2019, the Commission instituted an advisory opinion proceeding, and
named as parties iRobot, Silver Star, and the Office of Unfair Import
Investigations (``OUII''). 84 FR 10531 (Mar. 21, 2019).
On February 21, 2019, iRobot filed an enforcement complaint against
bObsweep. On April 1, 2019, the Commission instituted a formal
enforcement proceeding, and named as parties iRobot, bObsweep, and
OUII. 84 FR 12289 (Apr. 1, 2019). The Commission consolidated the
formal enforcement proceeding with the advisory opinion proceeding
described above.
On April 12, 2019, iRobot and Silver Star filed a joint motion to
terminate the advisory opinion proceeding based on a settlement
agreement. On April 24, 2019, OUII filed a response in support of the
motion.
On April 25, 2019, the ALJ issued the subject ID, granting the
motion and terminating the advisory opinion proceeding. The ALJ found
that the motion complied with Rule 210.21(b) and that there is no
evidence that termination by settlement has any adverse effect on the
public interest. No petitions for review of the ID were filed.
The Commission has determined not to review the subject ID and
terminates the advisory opinion proceeding. The Commission clarifies
that this notice does not terminate the enforcement proceeding that was
consolidated 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: May 15, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-10996 Filed 5-24-19; 8:45 am]
BILLING CODE 7020-02-P