[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9642-9643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03684]


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INTERNATIONAL TRADE COMMISSION

Certain Electronic Stud Finders, Metal Detectors and Electrical 
Scanners

[Investigation No. 337-TA-1221]


Notice of a Final Determination Finding No Violation of Section 
337; Termination of the 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 to affirm in part, modify in part, and 
reverse in part the Administrative Law Judge's (``ALJ'') final initial 
determination (``ID''), issued on October 7, 2021, finding no violation 
of section 337 in the above-referenced investigation as to three 
asserted patents. The Commission affirms the ID's determination that no 
violation of section 337 has occurred based on the importation of 
certain electronic stud finders, metal detectors, and electrical 
scanners. This investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On October 5, 2020, the Commission 
instituted this investigation based on a complaint filed on behalf of 
Zircon Corporation of Campbell, California (``Zircon''). 85 FR 62758-59 
(Oct. 5, 2020). The complaint alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain electronic 
stud finders, metal detectors, and electrical scanners by reason of 
infringement of one or more claims of U.S. Patent Nos. 6,989,662 (``the 
'662 patent''), 7,148,703 (``the '703 patent''), 8,604,771 (``the '771 
patent''), and 9,475,185 (``the '185 patent''). Id. at 62759. The 
Commission's notice of investigation named as respondents Stanley Black 
& Decker, Inc. of New Britain, Connecticut, and Black & Decker (U.S.), 
Inc. of Towson, Maryland (together, ``Respondents''). Id. The Office of 
Unfair Import Investigations is not participating in this 
investigation. Id.
    On April 22, 2021, the ALJ issued a claim construction order based 
on briefs submitted by the parties. See Order No. 20. On June 15, 2021, 
the ALJ granted a motion for summary determination of no infringement 
concerning the '703 patent, which terminated that patent from the 
investigation. See Order No. 27, unreviewed by Comm'n Notice (July 15, 
2021).
    On October 7, 2021, the ALJ issued the subject ID, which found no 
violation of section 337 as to any claim of the remaining asserted 
patents by Respondents. Also, on October 7, 2021, the ALJ issued his 
recommended determination (``RD'') on remedy and bonding. The ALJ 
recommended, upon a finding of violation, that the Commission issue a 
limited exclusion order and impose a bond in the amount of zero percent 
of the entered value of any covered products imported during the period 
of Presidential review.
    On October 19, 2021, Zircon and Respondents submitted petitions for 
review of the ID. On October 27, 2021, Zircon and Respondents submitted 
responses to the petitions.
    On December 6, 2021, the Commission issued notice of its 
determination to review the ID with respect to (1) the ID's 
infringement findings for the '662 patent; (2) the ID's findings on the 
technical prong of the domestic industry requirement for the '662 
patent; (3) the ID's obviousness findings for the '662 patent; (4) the 
ID's infringement findings for the '771 patent; (5) the ID's 
anticipation and obviousness findings for the '771 patent; (6) the ID's 
claim construction and infringement findings for the '185

[[Page 9643]]

patent; (7) the ID's anticipation and obviousness findings for the '185 
patent; and (8) the ID's findings on the economic prong of the domestic 
industry requirement. In connection with its review of the ID, the 
Commission sought briefing from the parties on several questions 
germane to the issues on review and on remedy, bonding, and the public 
interest.
    On December 23, 2021, the parties submitted briefs responding to 
the questions posed in the Commission's Notice of Review and on remedy, 
the public interest, and bond. Thereafter, on January 7, 2022, each 
submitted a reply to the other's brief on review.
    Having considered the parties' submissions, the ID, and the record 
in this investigation, the Commission has determined that no violation 
of section 337 has occurred based on Respondents' importation, sale for 
importation, or sale after importation of certain electronic stud 
finders, metal detectors, and electrical scanners into the United 
States. The Commission has further determined to affirm, modify, 
reverse, and take no position on certain portions of the ID, as 
explained in the Commission's opinion issued concurrently herewith. 
This investigation is terminated.
    The Commission vote for this determination took place on February 
15, 2022.
    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 
210).

    By order of the Commission.

    Issued: February 15, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-03684 Filed 2-18-22; 8:45 am]
BILLING CODE 7020-02-P