[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29484-29485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10419]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1154]
Certain Child Carriers and Components Thereof Commission
Determination To Review in Part a Final Initial Determination Finding
No Violation of Section 337; 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 to review in part, and
on review, to affirm, the final initial determination (``FID'') of the
administrative law judge (``ALJ'') finding no violation of section 337
of the Tariff Act of 1930, as amended (``section 337''), in connection
with the asserted patent. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General
[[Page 29485]]
information concerning the Commission may also be obtained by accessing
its internet server at https://www.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: The Commission instituted this investigation
on April 10, 2019, based on a complaint filed by LILLEbaby LLC of
Golden, Colorado (``LILLEbaby''). 84 FR 14393-94 (April 10, 2019). The
complaint alleges violations of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337), in the importation into the United States,
in the sale for importation, or the sale within the United States after
importation of certain child carriers and components thereof, by reason
of the infringement of certain claims of U.S. Patent Nos. 8,172,116
(``the '116 patent'') and 8,424,732 (``the '732 patent''). Id. The
notice of investigation names twenty-seven respondents, including The
Ergo Baby Carrier Inc. of Los Angeles, CA (``Ergo''); Blue Box OpCo LLC
d/b/a Infantino of San Diego, CA (``Infantino''); Baby Tula LLC a/k/a
New Baby Tula LLC of San Diego, CA (``Baby Tula''); BabyBjorn AB of
Lanna, Sweden and BabyBjorn Inc. of New York, NY; BabySwede LLC of
Cleveland, OH; Boba Inc. d/b/a Beco Baby Carrier of Boulder, CO; ByKay
BV of Wijchen, The Netherlands (``ByKay''); Artsana USA, Inc. f/k/a
Chicco USA Inc. of Lancaster, PA; Cybex GmbH of Bayreuth, Germany;
Columbus Trading Partners USA, Inc. of Boston, MA; Jonobaby Babytragen
of Potsdam, Germany (``Jonobaby''); Mountain Buggy USA a/k/a Phil &
Teds USA Inc. of Fort Collins, CO; Stokke AS of Alesund, Norway and
Stokke LLC of Stamford, CT; Quanzhou Mingrui Bags Co. Ltd. of Quanzhou,
China (``Mingrui''); Britax Child Safety, Inc. of Fort Mill, SC; and
Wuxi Kangarouse Trading Co. Ltd. Enterprises d/b/a Kangarouse of Wuxi,
China; Kokadi GmbH & Co. KG of Munich, Germany; Minimonkey BV of
Amsterdam, The Netherlands; Soul US Inc. of Bangalore, India; Isara,
Deneris Trade SRL of Floresti, Romania; Lenny Lamb Sp. Zo.o. Sp. K of
Warsaw, Poland; L'Echarpe Porte Bonheur, Inc. d/b/a Chimparoo of
Boucherville, Canada; Tingtao Sunveno Co., Ltd. of Shandong, China;
Jing Jiang Dimarco Packaging & Gifts Co. of Jingjiang Jiangsu, China;
and Jiangsu Matrix Textile Co., Ltd. of Jingjiang, Jiangsu, China
(collectively, ``Defaulting Respondents''). Id. The Office of Unfair
Import Investigations (``OUII'') is also named as a party. Id.
The Commission terminated eleven participating respondents from the
investigation based upon settlement or consent order. Order No. 12 (May
30, 2019), not rev'd, Notice (June 18, 2019); Order No. 17 (July 18,
2019), not rev'd, Notice (Aug. 12, 2019); Order No. 18 (July 18, 2019),
not rev'd, Notice (Aug. 12, 2019); Order No. 21 (Aug. 13, 2019), not
rev'd, Notice (Sept. 13, 2019); Order No. 22 (Aug. 23, 2019), not
rev'd, Notice (Sept. 17, 2019); Order No. 23 (Aug. 29, 2019), not
rev'd, Notice (Sept. 17, 2019); Order No. 25 (Sept. 6, 2019), not
rev'd, Notice (Oct. 1, 2019); Order No. 33 (Nov. 9, 2019), not rev'd,
Notice (Dec. 18, 2019). The Commission found ten non-participating
Defaulting Respondents in default. Order No. 38 (Dec. 3, 2019), not
rev'd, Notice (Dec. 20, 2019). For one non-participating respondent,
Mingrui, the ALJ denied LILLEbaby's motion to show cause as to why that
respondent should not be held in default due to LILLEbaby's failure to
show adequate service. Order No. 29 (Oct. 28, 2019).
On January 30, 2020, LILLEbaby filed a motion to terminate
respondents Jonobaby and ByKay on the basis of settlement. The subject
FID grants the pending motion. See FID. The remaining respondents are
Baby Tula, Ergo, Infantino (collectively, ``Active Respondents''), and
Mingrui.
The Commission terminated the '732 patent from the investigation as
to all respondents based on LILLEbaby's partial withdrawal of the
complaint. Order No. 39 (Dec. 4, 2019), not rev'd, Notice (Dec. 20,
2019). The Commission also terminated claims 1, 2, 5-7, 9, 11, 14-16,
19, 20, 23, 24, and 25 of the '116 patent as to all respondents based
on LILLEbaby's partial withdrawal of the complaint. Order No. 31 (Nov.
12, 2019), not rev'd, Notice (Dec. 10, 2019); Order No. 41 (Dec. 18,
2019), not rev'd, Notice (Jan. 16, 2020). Claim 18 of the, '116 patent
remains at issue.
On November 6, 2019, Active Respondents filed a motion to terminate
the investigation for alleged lack of standing by LILLEbaby.
On March 10, 2020, the ALJ issued the subject FID finding no
violation of section 337 with respect to the '116 patent. See FID. The
subject FID denies Active Respondents' motion to terminate for alleged
lack of standing. See id. at 28. The subject FID also includes the
ALJ's recommendations that, if a violation was found, then the
Commission should issue a limited exclusion order and cease and desist
orders as to Active Respondents.
On March 23, 2020, Active Respondents filed a contingent petition
for review of the FID. On March 31, 2020, OUII filed a response to
Active Respondents' petition. LILLEbaby did not file a petition for
review or a response to Respondents' petition, thus abandoning all
issues decided adversely to it. See 19 CFR 210.43(b)(4).
Having reviewed the record of this investigation, including the FID
and Respondents' contingent petition, the Commission has determined to
review the FID in part. Specifically, the Commission has determined to
review and, on review, take no position regarding the FID's finding
that claim 18 of the '116 patent is not obvious based on the prior art
Hibiscus Carrier (RPX-0006) alone or in combination with the prior art
Pikkolo Carrier (RPX-0005) or U.S. Patent Publ. No. 2005/0051582 (RX-
0368) to Frost. The Commission has also determined to review, and on
review, take no position on the FID's findings that claim 18 of the
'116 patent is unenforceable for inequitable conduct during prosecution
of the patent application. Further, the Commission has determined to
review, and on review, take no position on the FID's findings that
LILLEbaby has satisfied the economic prong of the domestic industry
requirement with respect to the '116 patent under subsections
337(a)(3)(B) and (C) (19 U.S.C. 1337(a)(3)(B), (C)). The Commission has
determined not to review the remainder of the FID.
Accordingly, the Commission finds no violation of section 337 based
on the FID's findings that Active Respondents do not infringe claim 18
of the '116 patent, and claim 18 of the '116 patent is invalid as
anticipated by and obvious in view of U.S. Patent No. 4,986,458 to
Linday.
The investigation is terminated.
The Commission vote for these determinations took place on May 11,
2020.
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: May 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-10419 Filed 5-14-20; 8:45 am]
BILLING CODE 7020-02-P