[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Notices]
[Pages 29879-29880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13455]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1164]
Certain Light-Emitting Diode Products, Systems, and Components
Thereof (II); 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 30, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of Lighting
Science Group Corporation of Cocoa Beach, Florida; Healthe, Inc. of
Cocoa Beach, Florida; and Global Value Lighting LLC of West Warwick,
Rhode Island. An amended complaint was filed on May 20, 2019. A
supplement to the amended complaint was filed on June 11, 2019. The
complaint, as amended, 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 light-
emitting diode products, systems, and components thereof by reason of
infringement of certain claims of U.S. Patent No. 7,098,483 (``the '483
Patent''); U.S. Patent No. 7,095,053 (``the '053 Patent''); U.S. Patent
No. 8,506,118 (``the '118 Patent''); U.S. Patent No. 7,528,421 (``the
'421 Patent''); U.S. Patent No. 8,674,608 (``the '608 Patent''); U.S.
Patent No. 8,201,968 (``the '968 Patent''); and U.S. Patent No.
8,967,844 (``the '844 Patent''). The complaint, as amended, further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The complaint, as amended, also alleges
violations of section 337 based on the importation into the United
States, and in the sale of, certain light-emitting diode products,
systems, and components thereof by reason of false advertising, the
threat of effect of which is to destroy or substantially injure an
industry in the United States.
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, as amended, 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: Pathenia M. Proctor, Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2560.
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
amended, the U.S. International Trade Commission, on June 19, 2019,
ordered that--
(1) Pursuant to section 210.10(a)(6) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(a)(6), two separate
investigations be instituted based on the amended complaint to further
efficient adjudication, one of which is instituted by this notice of
investigation, and that this decision shall not preclude the presiding
Administrative Law Judge from further severing the investigation
pursuant to section 210.14(h) of the Commission's Rules of Practice and
Procedure, 19 CFR 210.14(h), if appropriate;
(2) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) 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 (3) by reason of infringement
of one of more of claims 6 and 7 of the '968 patent; and claim 4 of the
'844 patent; and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(b) whether there is a violation of subsection (a)(1)(A) of section
337 in the importation into the United States, or in the sale of
certain products identified in paragraph (3) by reason of false
advertising, the threat or effect of which is to destroy or
substantially injure an industry in the United States;
(3) 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 ``(1) LED downlights;
and (2) LED luminaires'';
(4) 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 complainants are:
Lighting Science Group Corporation, 801 N. Atlantic Avenue, Cocoa
Beach, FL 32931
Healthe, Inc., 801 N. Atlantic Avenue, Cocoa Beach, FL 32931
Global Value Lighting, LLC, 1350 Division Road, Suite 204, West
Warwick, RI 02893
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Signify N.V. (f/k/a Philips Lighting N.V.), High Tech Campus 45, 5656
AE Eindhoven, Netherlands
Signify North America Corporation, (f/k/a Philips Lighting North
America Corporation), 200 Franklin Square Drive, Somerset, New Jersey
08873
General Electric Company, 41 Farnsworth Street, Boston, Massachusetts
02210
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC), 1975 Noble
Road, Cleveland, Ohio 44112
Acuity Brands, Inc., 1170 Peachtree Street NE, Suite 2300, Atlanta,
Georgia 30309
Acuity Brands Lighting, Inc., One Lithonia Way, Suite 2300, Conyers,
Georgia 30012
Leedarson Lighting Co., Ltd., Leedarson Building, No. 1511, 2nd Fanghu
North Road, Xiamen 361010, China
Leedarson America, Inc., 4600 Highlands Pkwy SE, Suite D-E, Smyrna,
Georgia 30082
(c) The Office of Unfair Import Investigations, U.S. International
Trade
[[Page 29880]]
Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: June 20, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-13455 Filed 6-24-19; 8:45 am]
BILLING CODE 7020-02-P