[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Page 48039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16789]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1209 (Enforcement)]


Certain Movable Barrier Operator Systems and Components Thereof; 
Notice of Institution of Formal Enforcement 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 has determined to institute a formal enforcement proceeding 
relating to the limited exclusion order (``LEO'') and cease and desist 
order (``CDO'') (collectively, ``the remedial orders'') issued against 
The Chamberlain Group, LLC (formerly, The Chamberlain Group, Inc.) 
(``Chamberlain'') on February 9, 2022, and modified on March 30, 2022, 
in the above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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 August 10, 2020, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Overhead Door Corporation of Lewisville, Texas and 
GMI Holdings Inc. of Mount Hope, Ohio (collectively, ``OHD''). See 85 
FR 48264-65 (Aug. 10, 2020). The complaint, as supplemented, alleged a 
violation 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 movable barrier operator systems and 
components thereof by reason of infringement of U.S. Patent Nos. 
8,970,345; 7,173,516 (``the '516 patent''); 7,180,260; 9,483,935 (``the 
'935 patent''); 7,956,718 (``the '718 patent''); and 8,410,895 (``the 
'895 patent''). See id. The notice of investigation named Chamberlain 
of Oak Brook, Illinois as the respondent in this investigation. See id. 
The Office of Unfair Import Investigations (``OUII'') was not a party 
to the investigation. See id.
    On February 10, 2021, the Commission terminated the investigation 
as to the '516 patent based on the withdrawal of the allegations in the 
complaint as to that patent. See Order No. 10 (Jan. 19, 2021), 
unreviewed by Comm'n Notice (Feb. 10, 2021).
    On February 9, 2022, the Commission issued a final determination 
finding a violation of section 337 based on Chamberlain's infringement 
of the asserted claims of the '935, '718, and '895 patents. See 87 FR 
8605-06 (Feb. 15, 2022). The Commission further determined to: (1) 
issue an LEO against Chamberlain's infringing products and a CDO 
against Chamberlain; and (2) set a bond during the period of 
Presidential review in the amount of one hundred (100) percent of the 
entered value of the infringing articles. See id.
    On March 30, 2022, the Commission issued modified remedial orders 
to confirm that the covered products or articles in the remedial orders 
include garage door openers, gate operators, and commercial operators. 
See 87 FR 19709-10 (Apr. 5, 2022).
    On July 1, 2022, OHD filed a complaint requesting that the 
Commission institute an enforcement proceeding under Commission Rule 
210.75 (19 CFR 210.75) to investigate alleged violations of the 
remedial orders by Chamberlain.
    Having examined the enforcement complaint and the supporting 
documents, the Commission has determined to institute a formal 
enforcement proceeding, pursuant to Commission Rule 210.75(a) (19 CFR 
210.75(a)), to determine whether violations of the remedial orders, 
issued on February 9, 2022, and modified on March 30, 2022, in the 
above-referenced investigation, have occurred and to determine what, if 
any, enforcement measures are appropriate. The named respondent is 
Chamberlain. OUII is also named as a party. In the Order issued 
concurrently herewith, the Commission has delegated this enforcement 
proceeding to the Chief Administrative Law Judge for designation of a 
presiding Administrative Law Judge to conduct any necessary 
proceedings, issue an Enforcement Initial Determination, and make a 
recommendation on appropriate enforcement measures, if any.
    The Commission's vote on this determination took place on August 1, 
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 
part 210).

    By order of the Commission.

    Issued: August 1, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-16789 Filed 8-4-22; 8:45 am]
BILLING CODE 7020-02-P