[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63290-63291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22114]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1168]


Certain Light-Emitting Diode Products, Systems, and Components 
Thereof (III); Commission Determination To Review In Part a Final 
Initial Determination Finding No Violation of Section 337 and, on 
Review, To Affirm the Final Initial Determination's Finding of No 
Violation; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that, on June 26, 2020, the presiding 
administrative law judge (``ALJ'') issued a combined final initial 
determination (``ID'') and recommended determination (``RD'') on remedy 
and bonding. The final ID finds no violation of section 337 in the 
above-captioned investigation. The Commission has determined to review 
the final ID in part and, on review, has determined to affirm the final 
ID's finding of no violation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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 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: On June 25, 2019, the Commission instituted 
Investigation No. 337-TA-1163 (``the 1163 investigation''), based on a 
complaint, as amended, filed by Lighting Science Group Corporation and 
Health Inc., both of Cocoa Beach, Florida, and Global Value Lighting, 
LLC of West Warwick, Rhode Island (collectively, ``LSG''). 84 FR 29877 
(June 25, 2019). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337) (``section 337''), 
based on the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain light-emitting diode products, systems, and components thereof 
by reason of infringement of certain claims of U.S. Patent Nos. 
7,098,483 (``the '483 patent''), 7,095,053 (``the '053 patent''), 
7,528,421 (``the '421 patent''), 8,506,118, and 8,674,608. Id. The 
complaint further alleges that a domestic industry exists. Id. The 
notice of investigation names the following entities as respondents: 
Nichia Corporation of Tokushima, Japan and Nichia America Corporation 
of Wixom, Michigan (together, ``Nichia''); Cree, Inc. of Durham, North 
Carolina; Cree Hong Kong, Limited of Shatin, Hong Kong; Cree Huizhou 
Solid State Lighting Co., Ltd. of Guangdong, China; OSRAM GmbH and 
OSRAM Licht AG, both of Munich, Germany; OSRAM Opto Semiconductors GmbH 
of Regensburg, Germany; OSRAM Opto Semiconductors, Inc. of Sunnyvale, 
California; Lumileds Holding B.V. of Schipol, Netherlands and Lumileds, 
LLC of San Jose, California (together, ``Lumileds''); Signify N.V. (f/
k/a Philips Lighting N.V.) of Eindhoven, Netherlands; Signify North 
America Corporation (f/k/a Philips Lighting North America Corporation) 
of Somerset, New Jersey; MLS Co., Ltd. of Zhongshan City, China; 
LEDVANCE GmbH of Garching, Germany; LEDVANCE LLC of Wilmington, 
Massachusetts; General Electric Company of Boston, Massachusetts; 
Consumer Lighting (U.S.), LLC (d/b/a GE Lighting, LLC) of Cleveland, 
Ohio; Current Lighting Solutions, LLC of Cleveland, Ohio; Acuity 
Brands, Inc. of Atlanta, Georgia; Acuity Brands Lighting, Inc. of 
Conyers, Georgia; Leedarson Lighting Co., Ltd. of Xiamen, China; and 
Leedarson America, Inc. of Smyrna, Georgia (collectively, the 
``Respondents''). Id. at 29878. The Office of Unfair Import 
Investigations is not a party to this investigation. Id.
    On July 10, 2019, the ALJ severed from the 1163 investigation the 
present investigation, Investigation No. 337-TA-1168, which concerns 
whether there is a violation of section 337 based on allegations of 
infringement of the '483, '053, and '421 patents. Order No. 5 at 2 
(July 10, 2019).
    On January 20, 2020, the Commission terminated this investigation 
as to claim 7 of the '421 patent. Order No. 18 (Dec. 30, 2019), 
unreviewed by Comm'n Notice (Jan. 29, 2020). On February 7, 2020, the 
Commission terminated this investigation as to respondents MLS Co., 
Ltd. and Ledvance GmbH. Order No. 24 (Jan. 14, 2020), unreviewed by 
Comm'n Notice (Feb. 7, 2020). On February 26, 2020, the Commission 
terminated this investigation as to: (1) Claims 2 and 10 of the '421 
patent; (2) claims 4, 16-20, 22, and 26-30 of the '053 patent; and (3) 
as to Lumileds only, claims 1-5 and 12 of the '053 patent. Order No. 26 
(Jan. 29, 2020), unreviewed by Comm'n Notice (Feb. 26, 2020).
    On February 14, 2020, the ALJ issued an initial determination 
granting in part Respondents' motion for summary determination on non-
infringement and failure to meet the technical prong of the domestic 
industry requirement. Order No. 32 (Initial Determination) (Feb. 14, 
2020). The Commission declined to review that determination and 
subsequently terminated the investigation as to: (1) All asserted 
claims of the '483 patent; and (2) asserted claims 7 and 11-15 of the 
'053 patent. See Comm'n Notice (Apr. 7, 2020). That determination is 
currently on appeal. Appeal No. 20-1907 (Fed. Cir.).
    On June 26, 2020, the ALJ issued a combined final ID and RD on 
remedy and bonding. The final ID finds no violation of Section 337. See 
Final ID.
    On July 15, 2020, LSG filed a petition for review of certain 
findings in the final ID, and Respondents filed a contingent-in-part 
petition for review. On July 28, 2020, the parties filed responses to 
each other's petitions.
    On July 27, 2020, the Commission received submissions on the public 
interest pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)) 
from the following Respondents: (1) Acuity Brands, Inc. and Acuity 
Brands Lighting, Inc.; and (2) General Electric Co. and Consumer 
Lighting (U.S.), LLC (d/b/a GE Lighting, LLC). On July 28, 2020, the 
Commission received a submission on the public interest from LSG. No 
submissions were filed in response to the Commission's Federal Register 
notice. See 85 FR 40318-19 (July 6, 2020).

[[Page 63291]]

    Having reviewed the record in this investigation, including the 
ALJ's orders and final ID, as well as the parties' petitions and 
responses thereto, the Commission has determined to review the final ID 
in part. Specifically, the Commission has determined to review the 
following issues: (1) Whether the accused Nichia products and the 
alleged domestic industry product satisfy the limitation ``and 
thermally coupled through the metal base to the thermal connection 
pad'' of claim 1 of the '053 patent; (2) whether the accused products 
and the alleged domestic industry products satisfy the additional 
limitation ``wherein the thermally conducting base includes a metal 
base'' of claim 6 of the '421 patent; (3) whether the asserted claims 
of the '421 patent are invalid as obvious; and (4) whether LSG 
satisfied the economic prong of the domestic industry requirement. On 
review, the Commission has determined to take no position on these 
issues.
    Further on review, the Commission has determined to correct two 
typographical errors in the final ID: In the fourth line of page 34, 
``does recite'' is replaced with ``does not recite''; and in the fifth 
line of page 40, ``a thermal via'' is replaced with ``thermal 
coupling.''
    The Commission has determined not to review the remaining findings 
in the final ID, in particular that the asserted claims of the '053 and 
'421 patents have not been infringed, that the technical prong of the 
domestic industry requirement has not been satisfied with respect to 
either the '053 or '421 patent, and that the asserted claims of the 
'421 patent have been shown invalid as anticipated and for lacking 
written description support.
    Accordingly, the Commission has determined to affirm the final ID's 
finding of no violation of section 337. The investigation is 
terminated.
    The Commission vote for these determinations took place on October 
1, 2020.
    The authority for the Commission's determinations 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).
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the Complainant(s) complete service for any 
party/parties without a method of electronic service noted on the 
attached Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).

    By order of the Commission.

    Issued: October 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-22114 Filed 10-6-20; 8:45 am]
BILLING CODE 7020-02-P