[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71096-71097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24637]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1228]


Certain Automated Storage and Retrieval Systems, Robots, and 
Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 1, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of AutoStore 
Technology AS of Norway; AutoStore AS of Norway; and AutoStore System 
Inc. of Derry, New Hampshire. A supplement to the complaint was filed 
on October 22, 2020. The complaint, as supplemented, alleges violations 
of 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 automated storage and retrieval systems, robots, 
and components thereof by reason of infringement of certain claims of 
U.S. Patent No. 10,093,525 (``the '525 patent''); U.S. Patent No. 
10,294,025 (``the '025 patent''), U.S. Patent No. 10,474,140 (``the 
'140 patent''); U.S. Patent No. 10,494,239 (``the '239 patent''); and 
U.S. Patent No. 10,696,478 (``the '478 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complainants request that the 
Commission institute an investigation and, after the investigation, 
issue a limited exclusive 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: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

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 November 2, 2020, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted 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 of the '525 patent; claims 1 and 18-20 of the '025 patent; 
claims 1-4 and 11-15 of the '140 patent; claims 1, 2, and 5-15 of the 
'239 patent; and claim 19 of the '478 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

[[Page 71097]]

investigation, is ``robots, grid systems (including tracks on top to 
allow for the movement of the robots), storage bins, controllers, and 
components (including software)'';
    (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 complainants are:

AutoStore Technology AS, Stokkastrandvegen 85, 5578 Nedre Vats, Norway
AutoStore AS, Stokkastrandvegen 85, 5578 Nedre Vats, Norway
AutoStore System Inc., 3 Corporate Park Drive, Unit 1, Derry, NH 03038

    (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:

Ocado Group Plc, Buildings One & Two, Trident Place, Mosquito Way, 
Hatfield, Hertfordshire, AL10 9UL, United Kingdom
Ocado Central Services Ltd., Buildings One & Two, Trident Place, 
Mosquito Way, Hatfield, Hertfordshire, AL10 9UL, United Kingdom
Ocado Innovation Ltd., Buildings One & Two, Trident Place, Mosquito 
Way, Hatfield, Hertfordshire, AL10 9UL, United Kingdom
Ocado Operating Ltd., Buildings One & Two, Trident Place, Mosquito Way, 
Hatfield, Hertfordshire, AL10 9UL, United Kingdom
Ocado Solutions, Ltd., Buildings One & Two, Trident Place, Mosquito 
Way, Hatfield, Hertfordshire, AL10 9UL, United Kingdom
Ocado Solutions USA Inc., 1600 Tysons Boulevard, 4th Floor, Tysons 
Corner, VA 22102
Tharsus Group Ltd., Coniston Rd, Blyth, Northumberland, NE24 4RF, 
United Kingdom
Printed Motor Works Ltd., Newman Lane, Alton, Hampshire GU34 2QW, 
United Kingdom

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge. The Office of Unfair Import 
Investigations will not participate as a party in this investigation.
    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 
complainants 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: November 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-24637 Filed 11-5-20; 8:45 am]
BILLING CODE 7020-02-P