[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Pages 62761-62762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21907]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1220]


Certain Filament Light-Emitting Diodes and Products Containing 
Same (II); Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 31, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of The Regents of 
the University of California, Oakland, California. A supplement to the 
complaint was filed on September 21, 2020. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain filament light-emitting diodes and 
products containing the same by reason of infringement of certain 
claims of U.S. Patent No. 9,240,529 (``the '529 patent''); U.S. Patent 
No. 9,859,464 (``the '464 patent''); U.S. Patent No. 10,593,854 (``the 
'854 patent''); U.S. Patent No. 10,644,213 (``the '213 patent''); and 
U.S. Patent No. 10,658,557 (``the '557 patent''). The complaint further 
alleges that an industry in the United States exists or is in the 
process of being established as required by the applicable Federal 
Statute. The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 29, 2020, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted

[[Page 62762]]

to determine whether there is a violation of subsection (a)(1)(B) of 
section 337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain products identified in paragraph (2) by reason of infringement 
of one or more of claims 1, 6, 8, and 9 of the '529 patent; claims 1, 
7, 9, and 10 of the '464 patent; claims 1, 2, and 6 of the '854 patent; 
claims 1 and 2 of the '213 patent; and claims 1 and 2 of the '557 
patent; and whether an industry in the United States exists as required 
by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``light bulbs 
containing filament LEDs and lighting products containing filament 
LEDs'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: The Regents of the University of 
California, 1111 Franklin Street, Oakland, CA 94607.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

General Electric Company, 5 Necco Street, Boston, MA 02210
Consumer Lighting (U.S.) LLC, d/b/a GE Lighting, 1975 Noble Road, East 
Cleveland, OH 44112
Savant Systems, Inc., 45 Perseverance Way, Hyannis, MA 02601
Home Depot Product Authority, LLC, 2455 Paces Ferry Road, Atlanta, GA 
30339
Home Depot U.S.A., Inc., 2455 Paces Ferry Road, Atlanta, Georgia 30339
The Home Depot, Inc., 2455 Paces Ferry Road, Atlanta, Georgia 30339
Feit Electric Company, Inc., 4901 Gregg Road, Pico Rivera, CA 90660
Satco Products, Inc., 110 Heartland Boulevard, Brentwood, NY 11717
IKEA Supply AG, Grtissenweg 15, CH-4133 Pratteln, Switzerland
IKEA U.S. Retail LLC, 420 Alan Wood Road, Conshohocken, PA 19428
IKEA of Sweden AB, Tulpanvagen 8 Almhult, 343 34 Sweden

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: September 29, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-21907 Filed 10-2-20; 8:45 am]
BILLING CODE 7020-02-P