[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Notices]
[Page 17096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06265]
[[Page 17096]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1164]
Certain Light-Emitting Diode Products, Systems, and Components
(II); Commission Determination Not To Review an Initial Determination
Terminating the Investigation Based on Withdrawal of the Complaint;
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 (the ``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 14) terminating the investigation
based on withdrawal of the complaint. The investigation 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 internet server (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(https://edis.usitc.gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On June 25, 2019, the Commission instituted
this investigation based on a complaint, as amended and supplemented,
by Lighting Science Group Corp. of Cocoa Beach, Florida; Healthe, Inc.
of Cocoa Beach, Florida; and Global Value Lighting, LLC of West
Warwick, Rhode Island (collectively ``LSG''). 84 FR 29879-80 (June 25,
2019). The amended complaint alleges violations of 19 U.S.C. 1337, as
amended (``Section 337''), based upon the importation into the United
States, sale for importation, and sale in the United States after
importation of certain light-emitting diode products, systems, and
components thereof by reason of infringement of certain asserted claims
of U.S. Patent Nos. 7,098,483; 7,095,053; 8,506,118; 7,528,421;
8,674,608; 8,201,968 (``the '968 patent''); and 8,967,844 (``the '844
patent''). Id. The amended complaint also alleges violations of Section
337 based upon false advertising that threatens to destroy or
substantially injure an industry in the United States. Id. The amended
complaint further alleges the existence of a domestic industry. Id. The
notice of investigation named eight (8) respondents. Id. The Office of
Unfair Import Investigations (``OUII'') was also named as a party to
the investigation. Id.
At institution, the Commission ordered that two separate
investigations be instituted based on the amended complaint to further
efficient adjudication of the complaint allegations. Investigation No.
337-TA-1164 was instituted to determine whether there was a violation
of Section 337 as to LED downlights and LED luminaires by reason of:
(1) Infringement of one or more of claims 6 and 7 of the '968 patent
and claim 4 of the '844 patent; and (2) false advertising the threat or
effect of which is to destroy or substantially injure an industry in
the United States. Id. at 29879. Investigation No. 337-TA-1163 was
instituted to determine whether there was a violation of Section 337
based on the remainder of the allegations in the amended complaint,
subject to further severance by the presiding ALJ. 84 FR 29877-78 (June
25, 2019).
The Commission previously terminated this investigation in part
with respect to certain parties, accused products, and the false
advertising claim. See Order No. 7 (Oct. 7, 2019), not rev'd, Comm'n
Notice (Oct. 30, 2019) (terminating certain respondents); Order No. 9
(Nov. 6, 2019), not rev'd, Comm'n Notice (Dec. 2, 2019) (terminating
certain respondents and false advertising allegations); Order No. 11 at
1 (Jan. 16, 2020), not rev'd, Comm'n Notice (Feb. 11, 2020)
(withdrawing claim 7 of the '968 patent).
On March 5, 2020, the presiding Administrative Law Judge issued the
subject ID (Order No. 14) granting LSG's unopposed motion to terminate
the investigation in its entirety, pursuant to 19 CFR 210.21(a), based
on LSG's withdrawal of its complaint. Order No. 14 at 1 (Mar. 5, 2020).
The ID finds no extraordinary circumstances that warrant denying the
motion, while LSG asserted that there are no other agreements, written
or oral, express or implied, between the parties concerning the subject
matter of the investigation. Id. at 2. The ID notes that OUII supported
the motion and no respondent opposed it. Id. at 1. No party petitioned
for review of the subject ID.
The Commission has determined not to review the subject ID. The
investigation is hereby terminated.
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: March 20, 2020
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-06265 Filed 3-25-20; 8:45 am]
BILLING CODE 7020-02-P