[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29239-29240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13161]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1086]
Certain Mounting Apparatuses for Holding Portable Electronic
Devices and Components Thereof; Final Commission Determination of
Violation; Issuance of a General Exclusion Order; Termination 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
Commission has terminated the above-captioned investigation with a
finding of violation of section 337, and has issued a general exclusion
order (``GEO'') directed against infringing mounting apparatuses for
holding portable electronic devices and components thereof. The
Commission has terminated the investigation.
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.
[[Page 29240]]
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 (Nov.
28, 2017). 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 U.S. Patent Nos. 8,544,161 (``the
'161 patent''), D703,657 (``the D'657 patent''), 8,186,636 (``the '636
patent''), D571,278 (``the D'278 patent''), D574,204 (``the D'204
patent''), and 9,568,148 (``the '148 patent''); and U.S. Trademark
Registration No. 4,254,086 (``the '086 trademark''). The Commission's
notice of investigation named the following respondents: 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, and Prolech Electronics Limited, all of Shenzhen, China
(collectively, ``the defaulting respondents''). 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 Order
No. 9 (May 8, 2018), unreviewed by Comm'n Notice (June 5, 2018); Order
No. 10 (June 22, 2018), unreviewed by Comm'n Notice (July 18, 2018).
On November 28, 2018, the presiding administrative law judge
(``ALJ'') issued an initial determination (``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 GEO. The ID finds
that all defaulting respondents met the importation requirement and
that NPI satisfied the domestic industry requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2), and (a)(3). The ID also finds that a violation
of section 337 has occurred based on its finding that each of the
defaulting respondents' accused products infringe one or more of the
asserted claims of the patents at issue (except for the '161 patent)
and infringe the '086 trademark as established by substantial,
reliable, and probative evidence in accordance with 19 U.S.C.
1337(g)(2) and Commission rule 210.16(c)(2). 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 ID finds that
NPI did not establish direct infringement of this claim by substantial,
reliable, and probative evidence. The ID also contains the ALJ's
recommended determination (``RD'') on remedy and bonding. The RD
recommends issuance of a general exclusion order with respect to the
asserted intellectual property.
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. See Comm'n Notice (Mar. 18, 2019); Comm'n Order (Mar. 18, 2019)
(containing the Commission's reasoning for reversing the ID in part).
On April 16, 2019, the ALJ issued a remand initial determination
(``RID'') finding a violation of section 337 with respect to claim 1 of
the '161 patent. Specifically, the RID finds 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 RID.
On May 10, 2019, the Commission issued notice of its determination
not to review the RID. 84 FR 22162-64 (May 16, 2019). On the same date,
the Commission requested written submissions on the issues of remedy,
the public interest, and bonding from the parties and interested non-
parties. Id. On May 17, 2019, NPI and OUII each filed a brief regarding
remedy, the public interest, and bonding, and on May 24, 2019, OUII
filed a reply brief.
The Commission has made its determination on the issues of remedy,
the public interest, and bonding. The Commission has determined that
the appropriate form of relief is a GEO prohibiting the unlicensed
entry of mounting apparatuses for holding portable electronic devices
and components thereof that infringe one or more of: Claim 1 of the
'161 patent; the claim of the D'657 patent; claim 1 of the '636 patent;
the claim of the D'204 patent; claim 1 of the '148 patent; and the '086
trademark.
The Commission further determined that the public interest factors
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude
issuance of the GEO. Finally, the Commission determined that there
shall be a bond in the amount of 100 percent of the entered value of
the covered products to permit temporary importation during the period
of Presidential review (19 U.S.C. 1337(j)). The Commission's order and
opinion were delivered to the President and to the United States Trade
Representative on the day of their issuance. The Commission has
terminated the investigation.
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: June 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-13161 Filed 6-20-19; 8:45 am]
BILLING CODE 7020-02-P