[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 5038-5039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01371]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-971 (Remand)]


Certain Air Mattress Systems, Components Thereof, and Methods of 
Using the Same; Commission Determination Vacating the Final 
Determination Relating to United States Patent No. 5,904,172 and the 
Limited Exclusion Order Based Thereon; 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 determined to vacate the portion of its final 
determination relating to United States Patent No. 5,904,172 (``the 
'172 patent'') and its limited exclusion order based thereon.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3115. 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.

SUPPLEMENTARY INFORMATION: On December 26, 2017, the United States 
Court of Appeals for the Federal Circuit issued an order holding that 
the appeal in Sizewise Rentals LLC v. International Trade Commission, 
Appeal No. 2017-2334, had become moot during the pendency of the appeal 
and remanded the investigation to the Commission to determine whether 
to vacate the underlying final determination relating to the sole 
patent at issue on appeal, the '172 patent.
    The Federal Circuit appeal at issue stemmed from Investigation No. 
337-TA-971, Certain Air Mattress Systems, Components Thereof, and 
Methods of Using the Same. This investigation was instituted based on a 
complaint filed on October 16, 2015 by Complainants Select Comfort 
Corporation and Select Comfort SC Corporation (collectively, 
``Complainants'') that alleged violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, by Sizewise Rentals LLC, 
American National Manufacturing Inc., and Dires LLC (d/b/a Personal 
Comfort Bed) (collectively, ``Respondents''), based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain air mattress 
systems, components thereof, and methods of using the same that 
infringe certain claims of the '172 patent and United States Patent No. 
7,389,554 (``the '554 patent''). See 80 FR 72738 (Nov. 20, 2015).
    On November 18, 2016, the presiding Administrative Law Judge issued 
a final initial determination (``ID'') finding no violation of section 
337 with respect to either patent. The Commission determined to review 
the ID in part, and on review, the Commission found a violation of 
section 337 with regard to the '172 patent and issued a limited 
exclusion order prohibiting the unlicensed entry of infringing air 
mattress systems, components thereof, and methods of using the same. 
Certain Air Mattress Systems, Components Thereof, and Methods of Using 
the Same, Inv. No. 337-TA-971, Comm'n Op. at 61-62 (May 17, 2018); 82 
FR 8623 (Jan. 27, 2017); 82 FR 23593-5 (May 23, 2017). The Commission 
found no violation with regard to the '554 patent.
    On July 19, 2017, Respondents filed an appeal to the Federal 
Circuit requesting review of the Commission's final determination 
regarding the '172 patent. Appeal No. 2017-2334. On October 18, 2017, 
the Commission filed a motion to dismiss the appeal as moot because the 
'172 patent had expired on July 28, 2017. Respondents did not object to 
the dismissal but requested vacatur of the Commission's final 
determination. Complainants also did not object to dismissal, but did 
object to vacatur. On December 26, 2017, the Federal Circuit issued its 
Order in which the Commission's motion was ``granted to the extent that 
the appeal is deemed moot and the case is remanded for the Commission 
to address whether to vacate its final determination relating to the 
'172 patent.'' Court Order at 3.
    On February 26, 2018, the Commission ordered the parties to submit 
comments on whether the Commission should vacate its final 
determination regarding the '172 patent. Commission Order at 3. All 
relevant

[[Page 5039]]

parties timely filed opening and reply submissions.
    The Commission has determined to vacate the portion of its final 
determination relating to the '172 patent and its limited exclusion 
order based thereon. The Commission's opinion is being issued 
concurrently herewith. The Commission hereby terminates this 
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: January 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-01371 Filed 1-27-20; 8:45 am]
 BILLING CODE 7020-02-P