[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Notices]
[Pages 36124-36125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15877]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 37-TA-1016 (Modification Proceeding)]
Certain Access Control Systems and Components Thereof; Notice of
the Commission's Final Determination in a Modification Proceeding;
Termination of the Modification 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 (``Commission'') has determined to modify the remedial
orders issued in the underlying investigation to exempt Respondents'
redesigned wireless garage door opener products as non-infringing. The
above-captioned modification proceeding is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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
[[Page 36125]]
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.
SUPPLEMENTARY INFORMATION: The Commission instituted the underlying
investigation on August 9, 2016, based on a complaint filed by The
Chamberlain Group, Inc. (``Chamberlain'') of Elmhurst, Illinois. 81 FR
52713 (Aug. 9, 2016). The complaint alleged a violation of 19 U.S.C.
1337, as amended (``Section 337''), in the importation, sale for
importation, or sale in United States after importation of certain
access control systems and components thereof that allegedly infringe
one or more claims of U.S. Patent Nos. 7,161,319 (``the `319 patent''),
7,339,336 (``the `336 patent''), and 7,196,611 (``the `611 patent'').
The `611 patent was subsequently withdrawn and terminated from the
investigation. Order No. 28 (May 3, 2017), not rev'd, Comm'n Notice
(May 31, 2017).
The notice of investigation named Techtronic Industries Co.,
Techtronic Industries North America, Inc., One World Technologies,
Inc., and OWT Industries, Inc., and ET Technology (Wuxi) Co.
(collectively ``Techtronic'') among the respondents. 81 FR 52713. Ryobi
Technologies, Inc. was initially named as a respondent but was later
terminated. Order No. 6 (Oct. 17, 2016), not rev'd, Comm'n Notice (Nov.
7, 2016). The Office of Unfair Import Investigations (``OUII'') was not
named as a party to the investigation. 81 FR 52713.
On October 23, 2017, the then-presiding administrative law judge
(``ALJ'') issued a final initial determination (``ID'') in the
underlying investigation, finding that Techtronic violated Section 337
by importing and selling garage door openers that infringe asserted
claims 1-4, 7-12, 15, and 16 of the `319 patent. ID at 294. The ID
found no infringement and hence no violation with respect to the `336
patent. Id. The ID found none of the claims invalid as obvious, but
found claim 34 of the `336 patent invalid under 35 U.S.C. 101
(``Section 101'').
The Commission did not review, and thereby adopted, the ID's
findings on infringement but determined to review the ALJ's findings on
invalidity. 82 FR 61792 (Dec. 29, 2017). The Commission ultimately
affirmed the ID's finding that none of the claims is invalid as obvious
and took no position on invalidity under Section 101. Comm'n Op. at 34-
38 (Mar. 23, 2018). The Commission found a violation of Section 337 by
reason of infringement of the `319 patent but not the `336 patent, and
issued a limited exclusion order and cease and desist orders against
Techtronic. 83 FR 13517 (Mar. 29, 2018). Chamberlain and Techtronic
have cross-appealed the Commission's final determination to the U.S.
Court of Appeals for the Federal Circuit. The Chamberlain Group, Inc.
v. International Trade Comm'n, Appeal Nos. 18-2002, 18-2191
(consolidated).
On August 2, 2018, Techtronic filed a petition to institute a
modification proceeding, pursuant to 19 U.S.C. 1337(k), to determine
whether its redesigned wireless garage door openers infringe the `319
patent and are covered by the remedial orders issued in the underlying
investigation. Chamberlain filed its opposition to the petition on
August 13, 2018.
On September 4, 2018, the Commission issued a notice of its
determination to institute the modification proceeding. 83 FR 45676
(Sept. 10, 2018). OUII was not named as a party to the modification
proceeding. Id.
After a period for fact and expert discovery, motions, and pre-
hearing briefing, the chief administrative law judge (``CALJ'') held an
evidentiary hearing on December 12, 2018, on the issues raised by the
parties. The parties filed their post-hearing briefs on December 21,
2018, and their reply briefs on January 30, 2019. In view of the
partial shutdown of the federal government in January 2019, the CALJ
issued an ID to revise the procedural schedule and extend the deadline
for issuance of the RD from March 11, 2019, to April 22, 2019. Order
No. 48 (Jan. 31, 2019). The Commission subsequently extended the target
date for completion of this modification proceeding to July 22, 2019.
Comm'n Notice (Mar. 4, 2019).
On April 22, 2019, the CALJ issued his RD, finding that
Techtronic's redesigned garage door openers do not infringe the `319
patent and recommending that the remedial orders be modified to exempt
Techtronic's non-infringing products. On May 3, 2019, Chamberlain filed
comments on the RD asking the Commission to review and reverse the
subject RD. Techtronic did not file a reply to Chamberlain's comments.
On June 7, 2019, the Commission determined to review the subject RD
and asked the parties to submit additional briefing. Comm'n Notice at
2-3 (June 7, 2019). The parties filed their initial responses on June
20, 2019, and their reply briefs on June 27, 2019.
Having considered the parties' submissions, the RD, and the
evidence of record, the Commission has determined that Techtronic's
redesigned wireless products do not infringe the `319 patent and thus
are not covered by the remedial orders issued in the underlying
investigation. The Commission has further determined to modify the
limited exclusion order and cease and desist orders issued in that
investigation to exempt Techtronic's non-infringing products. A
separate modification order will be issued herewith.
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 22, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-15877 Filed 7-25-19; 8:45 am]
BILLING CODE 7020-02-P