[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Page 18331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06398]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1339]


Certain Smart Thermostat Hubs, Systems Containing the Same, and 
Components of the Same; Notice of a Commission Determination Not To 
Review an Initial Determination Granting a Motion To Terminate the 
Investigation Based on Withdrawal of the Complaint; 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 not to review an initial determination 
(``ID'') (Order No. 19) of the presiding administrative law judge 
(``ALJ'') granting the complainant's unopposed motion to terminate the 
above-captioned investigation in its entirety based on withdrawal of 
the complaint. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. 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 24, 2022, 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 EDST, LLC and Quext IoT, LLC, both of Lubbock, Texas 
(collectively, ``Complainants''). See 87 FR 64247 (Oct. 24, 2022). The 
complaint, as supplemented, alleges a violation of section 337 based 
upon the importation into the United States, sale for importation, or 
sale within the United States after importation of certain smart 
thermostat hubs, systems containing the same, and components of the 
same by reason of the infringement of certain claims of U.S. Patent 
Nos. 10,825,273; 10,803,685; and 11,189,118 (``the '118 patent''). Id. 
The complaint further alleges that a domestic industry exists. Id. The 
notice of investigation names iApartments, Inc. of Tampa, Florida; and 
Hsun Wealth Technology Co., Ltd. and Huarifu Technology Co., Ltd. 
(collectively, ``Huarifu''), both of Taoyuan City, Taiwan, as 
respondents. Id. The Office of Unfair Import Investigations is not 
participating in this investigation.
    The Commission previously terminated the investigation as to 
respondent Huarifu based on Complainants' partial withdrawal of the 
complaint. Order No. 5 (Nov. 9, 2022), unreviewed by Comm'n Notice 
(Dec. 2, 2022). The Commission also previously amended the complaint 
and notice of investigation to add ITI Hong Kong Co., Ltd. of Hong Kong 
as a respondent. Order No. 9 (Dec. 7, 2022), unreviewed by Comm'n 
Notice (Dec. 28, 2022). The Commission also previously terminated the 
investigation as to all asserted claims of the '118 patent based on 
partial withdrawal of the complaint. Order No. 16 (Feb. 23, 2023), 
unreviewed by Comm'n Notice (March 9, 2023).
    On March 2, 2023, Complainants filed an unopposed motion to 
terminate the investigation in its entirety based on withdrawal of the 
complaint.
    Also on March 2, 2023, the presiding ALJ issued the subject ID 
(Order No. 19) granting Complainants' motion to terminate. The subject 
ID finds that the motion complies with Commission Rule 210.21(a)(1) (19 
CFR 210.21(a)(1)) and that ``there are no extraordinary circumstances 
that warrant denying the motion.'' ID at 2.
    No party petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID (Order 
No. 19). The investigation is terminated in its entirety.
    The Commission vote for this determination took place on March 23, 
2023.
    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: March 23, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-06398 Filed 3-27-23; 8:45 am]
BILLING CODE 7020-02-P