[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17402-17403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06846]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1258]


Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC 
Control Systems, 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 February 26, 2021, under section 
337 of the Tariff Act of 1930, as amended, on behalf of EcoFactor, Inc. 
of Palo Alto, California. A supplement was filed on March 18, 2021. The 
complaint, as supplemented, 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 
smart thermostat systems, smart HVAC systems, smart HVAC control 
systems, and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 8,423,322 (``the '322 patent''); U.S. Patent 
No. 8,019,567 (``the '567 patent''); U.S. Patent No. 10,612,983 (``the 
'983 patent''); U.S. Patent No. 8,596,550 (``the '550 patent'') and 
U.S. Patent No. 8,886,488 (``the '488 patent''). The complaint further 
alleges that an industry in the United States exists 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: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 

[[Page 17403]]

    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 March 30, 2021, 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, 2, 5, and 7 of the '322 patent; claims 1, 2, 5, 7, 15, 16, 
19, and 20 of the '567 patent; claims 1-3, and 16-18 of the '983 
patent; claims 1, 5-7, 9, 13-15, and 17 of the '550 patent and claims 
1, 2, 5, 7-10, and 13-15 of the '488 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 ``smart thermostat 
systems, smart HVAC systems, smart HVAC control systems, and components 
thereof'';
    (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: EcoFactor, Inc., 441 California Avenue, 
Number 2, Palo Alto, CA 94301.
    (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:

ecobee Ltd., 25 Dockside Dr., Suite 600, Toronto, ON M5A 0B5, Canada
ecobee, Inc., 25 Dockside Dr., Suite 600, Toronto, ON M5A 0B5, Canada
Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043
Carrier Global Corporation, 13995 Pasteur Boulevard, Palm Beach 
Gardens, Florida 33418
Emerson Electric Co., 8000 W Florissant Ave., P.O. Box 4100, St. Louis, 
Missouri 63136
Honeywell International Inc., 300 South Tryon Street, Charlotte, NC 
28202
Resideo Technologies, Inc., 901 E 6th Street, Austin, Texas 78702
Johnson Controls International, PLC, One Albert Quay, Cork, Ireland, 
T12 X8N6
Siemens Industry, Inc., 1000 Deerfield Pkwy., Buffalo Grove, IL 60089
Siemens AG, Werner-von-Siemens-Str. 1, 80333 Munich, Germany

    (3) 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 
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: March 30, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-06846 Filed 4-1-21; 8:45 am]
BILLING CODE 7020-02-P