[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Page 7559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01982]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1213]
Certain Light-Emitting Diode Products, Fixtures, and Components
Thereof; Notice of Commission Decision Not to Review an Initial
Determination Granting Complainant's Motion To Amend the Complaint and
Notice of 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 has determined not to review an initial determination
(``ID'') (Order No. 13) of the presiding administrative law judge
(``ALJ'') granting complainant's motion to amend the complaint and
notice of investigation (``NOI'') in the above-captioned investigation
to add dependent claim 11 of U.S. Patent No. 8,403,531 (``the '531
patent'') and withdraw claims 17, 21, and 24 of the same patent.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, 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 August 17, 2020, the Commission
instituted this investigation based on a complaint filed by Ideal
Industries Lighting LLC d/b/a Cree Lighting (``Cree'') of Durham, North
Carolina. 85 FR 50047-48 (Aug. 17, 2020). The complaint alleges
violations of section 337 of the Tariff Act of 1930, as amended (19
U.S.C. 1337), based on the importation into the United States, the sale
for importation, or the sale within the United States after importation
of certain light-emitting diode products, fixtures, and components
thereof by reason of infringement of certain claims of the '531 patent
and U.S. Patent Nos. 8,596,819; 8,777,449; 9,261,270; and 9,476,570.
Id. The complaint further alleges that a domestic industry exists. Id.
The notice of investigation named RAB Lighting Inc. of Northvale, New
Jersey (``RAB'') as the sole respondent. Id. The Office of Unfair
Import Investigations is not participating in the investigation. Id.
On December 23, 2020, Cree filed a motion for leave to amend the
complaint and notice of investigation (``NOI'') to add dependent claim
11 of the '531 patent, and withdraw claims 17, 21, and 24 of the same
patent. RAB opposed the motion.
The ALJ issued the subject ID (Order No. 13) on January 8, 2021,
granting Cree's motion for leave to amend the complaint and NOI. The ID
finds that the prejudice to RAB is minimal and that the public interest
weighs in favor of granting the motion to amend under Commission Rule
210.14(b)(1) because it is in the public interest to adjudicate all
relevant claims as efficiently as possible, i.e., in a single
investigation. No petitions for review of the subject ID were filed.
The Commission has determined not to review the ID.
The Commission vote for this determination took place on January
26, 2021.
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: January 26, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-01982 Filed 1-28-21; 8:45 am]
BILLING CODE 7020-02-P