[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Page 34279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13830]



[[Page 34279]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1118 (Advisory Opinion Proceeding)]


Certain Movable Barrier Operator Systems and Components Thereof; 
Notice of a Commission Determination To Adopt in Part an Advisory 
Opinion; Termination of Advisory Opinion Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined to adopt in part an 
initial advisory opinion (``IAO'') (Order No. 44, as corrected) issued 
by the presiding administrative law judge (``ALJ''). The Commission has 
determined to adopt the IAO's finding of non-infringement of claims 1 
and 21 of U.S. Patent Nos. 7,755,223. The Commission has determined not 
to adopt the portions of the IAO recommending rescission of the 
remedial orders and discussing grant of a motion for summary 
determination of non-infringement. The advisory opinion proceeding is 
hereby terminated.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket system (``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: The Commission instituted the underlying 
investigation on June 11, 2018, based on a complaint, as supplemented, 
filed by The Chamberlain Group, Inc. (``CGI'') of Oak Brook, Illinois. 
83 FR 27020-21 (June 11, 2018). The complaint alleges that respondents 
Nortek Security & Control, LLC of Carlsbad, California; Nortek, Inc. of 
Providence, Rhode Island; and GTO Access Systems, LLC of Tallahassee, 
Florida (collectively, ``Nortek'') violated section 337 of the Tariff 
Act, as amended, 19 U.S.C. 1337 (``Section 337'') by importing, selling 
for importation, or selling in the United States after importation 
garage door openers (``GDOs'') and other movable barrier operator 
systems that allegedly infringe one or more of the asserted claims of 
U.S. Patent Nos. 7,755,223 (``the '223 patent''), 8,587,404 (``the '404 
patent''), and 6,741,052 (``the '052 patent''). Id. The Office of 
Unfair Import Investigations was not named as a party to this 
investigation. Id.
    On December 3, 2020, the Commission determined that Nortek violated 
Section 337 by way of infringing claims 1 and 21 of the '223 patent. 
The Commission issued a limited exclusion order and cease and desist 
orders against Nortek and imposed a bond in the amount of 100 percent 
of the entered value of the covered products during the period of 
Presidential review.
    On January 21, 2021, the Commission granted Nortek's opposed 
request to institute an advisory opinion proceeding, pursuant to 
Commission Rule 210.79 (19 CFR 210.79). 86 FR 7105 (Jan. 26, 2021); 
Comm'n Order (Jan. 21, 2021). On January 28, 2021, CGI and Nortek 
executed a joint stipulation that the subject GDOs do not infringe the 
'223 patent because they do not have two operating modes at two 
different energy levels (i.e., they do not have a ``beam off'' or 
``sleep mode''). On February 9, 2021, Nortek filed an unopposed motion 
for summary determination and statement of undisputed facts that the 
subject GDOs do not infringe the '223 patent.
    On May 24, 2021, the presiding ALJ issued an amended IAO finding 
the subject GDOs do not infringe claims 1 and 21 of the '223 patent. 
Order No. 44 (May 24, 2021) (as amended). The amended IAO also contains 
language ostensibly granting Nortek's unopposed motion for summary 
determination of non-infringement and recommends that the Commission 
issue an order rescinding the remedial orders. See id. at 6.
    On June 1, 2021, CGI filed a petition for review of Order No. 44, 
opposing the portion of the IAO recommending rescission of the remedial 
orders. CGI did not oppose the IAO's finding that the subject GDOs do 
not infringe claims 1 and 21 of the '223 patent. Nortek did not file a 
response to CGI's petition.
    The Commission has determined to adopt the portion of the IAO 
finding that the subject GDOs do not infringe claims 1 and 21 of the 
'223 patent. The Commission, however, has determined not to adopt the 
recommendation to rescind the remedial orders, as modification or 
rescission of remedial orders is governed by Section 337(k) (19 U.S.C. 
1337(k)) and Commission Rule 210.76 (19 CFR 210.76). The Commission has 
also determined not to adopt that portion of the advisory opinion 
discussing granting Nortek's motion for summary determination of non-
infringement.
    This advisory opinion proceeding is hereby terminated.
    The Commission voted to approve these determinations on June 23, 
2021.
    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).

    By order of the Commission.

    Issued: June 24, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-13830 Filed 6-28-21; 8:45 am]
BILLING CODE 7020-02-P