[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Notices]
[Pages 31619-31620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14077]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1165]


Certain Barcode Scanners, Scan Engines, Products Containing the 
Same, and Components Thereof; 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 May 31, 2019, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Honeywell 
International, Inc. of Morris Plains, New Jersey, Hand Held Products, 
Inc. of Fort Mill, South Carolina, and Metrologic Instruments, Inc. of 
Fort Mill, South Carolina. Supplements to the Complaint were filed on 
June 7, 17, and 18, 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 barcode scanners, scan engines, products 
containing the same, and components thereof by reason of infringement 
of certain claims of U.S. Patent No. 9,465,970 (``the '970 patent''); 
U.S. Patent No. 8,978,985 (``the '985 patent''); U.S. Patent No. 
7,148,923 (``the '923 patent''); U.S. Patent No. 7,527,206 (``the '206 
patent''); U.S. Patent No. 9,659,199 (``the '199 patent''); and U.S. 
Patent No. 7,159,783 (``the '783 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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 26, 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, 2, 4-9, 13-21, 22, 23, 25-30, 34-42, 43, 44, 46-51, 55-63, 
and 85 of the '970 patent; claims 1, 2, 4-9, 12, 13, 15-21, 22, and 23-
27 of the '985 patent; claims

[[Page 31620]]

1, 2-6, 8, 10, 19, 20-28, 29, and 30-33 of the '923 patent; claims 1, 
2-3, 11, 12-14, 17, 19, 20, 21-23, 26 and 28 of the '206 patent; claims 
1, 2-7, 8, 9-13, 14, and 15-20 of the '199 patent; and claims 9, 10-19, 
and 20 of the '783 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 ``barcode scanners, 
barcode readers, barcode decoders, stationary scanners, handheld 
scanners, companion scanners, cabled scanners, wireless scanners, 
mobile scanning devices, handheld computers, and/or scan engines'';
    (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 complainants are:

Honeywell International, Inc., 115 Tabor Road, Morris Plains, NJ 07950
Hand Held Products, Inc., 9680 Old Bailes Road, Fort Mill, SC 29707
Metrologic Instruments, Inc., 9680 Old Bailes Road, Fort Mill, SC 29707

    (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:

Opticon, Inc., 2200 Lind Ave. SW, Suite 100, Renton, WA 98057
Opticon Sensors Europe B.V., Opaallaan 35, 2132 XV Hoofddorp, The 
Netherlands
OPTO Electronics Co., Ltd., 12-17, Tsukagoshi 4-chome, Warabi-city 
Saitama Pref., 335-0002, Japan
Hokkaido Electronic Industry Co., Ltd., 118-122 Kamiashibetsu-cho, 
Ashibetsu-shi, Hokkaido, 079-1371, Japan

    (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 be named as a 
party to 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: June 27, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-14077 Filed 7-1-19; 8:45 am]
 BILLING CODE 7020-02-P