[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Pages 35881-35882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15784]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1073]
Certain Thermoplastic Encapsulated Electric Motors, Components
Thereof, and Products and Vehicles Containing Same II; Termination of
Investigation With a Finding of No Violation of Section 337
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 determined to terminate the above-captioned
investigation with a finding of no violation of section 337 of the
Tariff Act of 1930.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-708-2532. 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 this investigation
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
1337, on October 11, 2017, based on a complaint filed on September 5,
2017, by Intellectual Ventures II LLC of Bellevue, Washington (``IV'').
82 FR 47250 (Oct. 11, 2017). The complaint alleges a violation of
section 337 by reason of infringement of certain claims of U.S. Patent
Nos. 7,683,509 (``the '509 patent''); 7,928,348 (``the '348 patent'');
7,154,200 (``the '200 patent''); 7,067,944 (``the '944 patent''); and
7,067,952 (``the '952 patent''). The notice of investigation names as
respondents Aisin Seiki Co., Ltd. of Aichi, Japan; Aisin Holdings of
America, Inc. of Seymour, Indiana; Aisin Technical Center of America,
Inc. of Northville, Michigan; and Aisin World Corporation of America of
Northville, Michigan (collectively, ``Aisin'' or ``Aisin Seiki'');
Bayerische Motoren Werke AG of Munich, Germany, BMW of North America,
LLC of Woodcliff Lake, New Jersey and BMW Manufacturing Co., LLC of
Greer, South Carolina (collectively, ``BMW''); Denso Corporation of
Aichi, Japan and Denso International America, Inc. of Southfield,
Michigan (``collectively, DENSO''); Honda Motor Co., Ltd. of Tokyo,
Japan; Honda North America, Inc., of Torrance, California; American
Honda Motor Co., Inc. of Torrance, California; Honda of America Mfg.,
Inc. of Marysville, Ohio; Honda Manufacturing of Alabama, LLC of
Lincoln, Alabama; and Honda R&D Americas, Inc. of Torrance, California
(collectively, ``Honda''); Mitsuba Corporation of Gunma, Japan and
American Mitsuba Corporation of Mount Pleasant, Michigan (collectively,
``Mitsuba''); Nidec Corporation of Kyoto, Japan and Nidec Automotive
Motor Americas, LLC of Auburn Hills, Michigan (collectively,
``Nidec''); and Toyota Motor Corporation of Aichi
[[Page 35882]]
Prefecture, Japan; Toyota Motor North America, Inc. of New York, New
York; Toyota Motor Sales, U.S.A., Inc. of Torrance, California; Toyota
Motor Engineering & Manufacturing North America, Inc. of Erlanger,
Kentucky; Toyota Motor Manufacturing, Indiana, Inc. of Princeton,
Indiana; and Toyota Motor Manufacturing, Kentucky, Inc. of Georgetown,
Kentucky (collectively, ``Toyota''). The Office of Unfair Import
Investigations (``OUII'') was also named a party in this investigation.
The Commission previously terminated the investigation in part with
respect to respondents BMW, DENSO, Mitsuba, and Nidec, as well as the
'200, '944, and '952 patents. Notice (Apr. 18, 2018) (determining not
to review Order No. 22 (Mar. 16, 2018)); Notice (May 4, 2018)
(determining not to review Order No. 29 (Apr. 10, 2018)); Notice (May
4, 2018) (determining not to review Order No. 31 (Apr. 16, 2018));
Notice (May 11, 2018) (determining not to review Order No. 33 (Apr. 23,
2018)); Notice (June 19, 2018) (determining not to review Order No. 39
(May 21, 2018)); Notice (Aug. 15, 2018) (determining not to review
Order No. 46 (July 19, 2018)); Notice (Aug. 15, 2018) (determining not
to review Order No. 47 (July 24, 2018)); Notice (Aug. 27, 2018)
(determining not to review Order No. 48 (Aug. 13, 2018)). Thus, the
remaining respondents in this investigation are Aisin, Honda, and
Toyota (collectively, ``Respondents''), and the remaining asserted
patents are the '509 and '348 patents (collectively, the ``asserted
patents'').
On November 13, 2018, the presiding administrative law judge
(``ALJ'') issued a final initial determination (``ID''), finding no
violation of section 337 with respect to the '509 and '348 patents.
Specifically, the ID finds that the accused products infringe claims 14
and 15 of the '509 patent, but do not infringe claims 24-27 of the '348
patent. With respect to both patents, the ID finds that IV has not
satisfied the domestic industry requirement of section 337(a)(2) &
(a)(3), nor have Respondents established that any asserted claim is
invalid for obviousness.
On November 27, 2018, the ALJ issued a Recommended Determination
(``RD'') on remedy, the public interest, and bonding, recommending,
should the Commission find a violation: (1) The issuance of a limited
exclusion order directed to certain infringing thermoplastic-
encapsulated electric motors, components thereof, and products and
vehicles containing same; (2) the issuance of cease and desist orders
against Aisin and Toyota; and (3) imposition of a bond of zero percent
for infringing products that are imported during the period of
Presidential review.
Also, on November 27, 2018, IV filed a petition for review, and
Respondents filed a contingent petition for review, each challenging
various findings in the final ID. On December 6, 2018, IV, Respondents,
and OUII filed responses to the petitions for review.
On December 14, 2018, Respondents filed a notice that, on December
12, 2018, the Patent Trial and Appeal Board of the U.S. Patent and
Trademark Office issued four final written decisions finding that every
claim asserted against Respondents in this investigation is
unpatentable on invalidity grounds.
On January 7, 2019, the Alliance of Automobile Manufacturers and
the Association of Global Automakers filed a joint public-interest
submission.
On February 19, 2019, the Commission determined to review the ID in
its entirety, and solicited further briefing from the parties on
certain issues, and briefing from the parties and the public on remedy,
the public interest and bonding. On March 1, 2019, the parties filed
opening briefs, and on March 8, 2019, the parties filed reply briefs.
Having examined the record of this investigation, including the
final ID and the parties' submissions, the Commission has determined
that IV has failed to satisfy the domestic industry requirement of
section 337(a)(2) & (a)(3), 19 U.S.C. 1337(a)(2) & (a)(3). Accordingly,
the Commission has determined to terminate the investigation with a
finding of no violation of section 337. The Commission, therefore, does
not reach and takes no position on the other issues raised in the
parties' petitions for Commission review.
The reasons for the Commission's determination are set forth more
fully in the Commission's opinion.
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: July 19, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-15784 Filed 7-24-19; 8:45 am]
BILLING CODE 7020-02-P