[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88654-88655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28229]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1304]


Certain Wet Dry Surface Cleaning Devices; Notice of Final 
Determination Finding a Violation of Section 337; Issuance of Limited 
Exclusion Order, Cease and Desist Order, and Bond; Termination of 
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 (``Commission'') has determined that the respondents have 
violated section 337 of the Tariff Act of 1930, as amended, by 
importing, selling for importation, or selling in the United States 
after importation certain wet dry surface cleaning devices that 
infringe one or more asserted claims of U.S. Patent Nos. 11,076,735 
(``the '735 patent'') and 11,071,428 (``the '428 patent''). The 
Commission has determined there is no violation of section 337 with 
respect to U.S. Patent Nos. 11,122,949 (``the '949 patent''), 
10,820,769 (``the '769 patent''), and 11,096,541 (``the '541 patent''). 
Upon consideration of the statutory public interest factors, the 
Commission has determined that the appropriate remedies are a limited 
exclusion order and cease and desist orders against the named 
respondents. The Commission has also determined to set a bond in the 
amount of $99.01 per covered iFloor 3 product, $99.01 per covered Floor 
One S3 product, and $0 per any other covered product imported during 
the 60-day period of Presidential review. This investigation is hereby 
terminated.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., 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 (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 March 9, 2022, the Commission instituted 
this

[[Page 88655]]

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 Bissell 
Inc. and Bissell Homecare, Inc., both of Grand Rapids, Michigan 
(collectively, ``Complainants'' or ``Bissell''). See 87 FR 13311-12 
(March 9, 2022). 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 wet dry surface cleaning devices by reason of 
infringement of certain claims of the '735 patent, the '428 patent, the 
'949 patent, the '541 patent, and the '769 patent. Id. The complaint 
further alleges that a domestic industry (``DI'') exists. Id. The 
notice of investigation names as respondents Tineco Intelligent 
Technology Co., Ltd. of Suzhou City, China; TEK (Hong Kong) Science & 
Technology Ltd. of Hong Kong, China; and Tineco Intelligent, Inc. of 
Seattle, Washington (collectively, ``Respondents''). Id. The Office of 
Unfair Import Investigations is not participating in this 
investigation.
    On March 24, 2023, the Chief Administrative Law Judge (``CALJ'') 
issued a final initial determination (``FID''), finding that a 
violation of section 337 has occurred in the importation into the 
United States, the sale for importation, or the sale within the United 
States after importation, of certain wet dry surface cleaning devices 
that infringe one or more of claims 1, 13, and 15 of the '735 patent or 
claim 1 of the '428 patent. The FID further finds no violation of 
section 337 with respect to the asserted claims of the '949 patent, the 
'769 patent, and the '541 patent. On April 7, 2023, the CALJ issued a 
recommended determination (``RD'') on remedy and bond recommending that 
the Commission issue a limited exclusion order and cease and desist 
orders if a violation is found. The RD further recommends setting a 
bond of $49.01 per covered iFloor 3 product, $99.01 per covered Floor 
One S3 product, and $0 per any other infringing accused product 
imported during the period of Presidential review.
    On April 7, 2023, Complainants filed a combined petition and 
contingent petition requesting review of the FID's findings of non-
infringement as to the '949, '541, and '769 patents, that Complainants 
failed to satisfy the technical prong for the '541 patent, that certain 
redesigned accused products do not infringe the '735 and '428 patents, 
and waiver of Complainants' infringement argument as to the '428 
patent. Complainants also sought contingent review of certain economic 
prong findings. That same day, Respondents filed a combined petition 
and contingent petition requesting review of the FID's findings that 
the original accused products infringe the '735 and '428 patents, that 
the asserted claims of the '735 and '428 patents are not invalid, that 
Complainants satisfied the technical prong of the domestic industry 
requirement as to the '735 and '428 patents, and that Complainants 
satisfied the economic prong of the DI requirement for all of the 
asserted patents. Respondents also sought contingent review of the 
FID's findings that the asserted claims of the '949, '541, and '769 
patents are not invalid for obviousness. On April 17, 2023, 
Complainants and Respondents filed their respective responses to the 
petitions for review.
    On April 10, 2023, the Commission issued a notice requesting 
submissions from non-parties on the public interest. See 88 FR 22479-80 
(April 13, 2023). On May 8, 2023, Representative Hillary J. Scholten 
submitted a response to the Commission's notice seeking public interest 
submissions. EDIS Doc. ID 795898 (May 8, 2023). On May 9, 2023, Bissell 
filed a submission on the public interest, pursuant to Commission Rule 
210.50(a)(4). See 19 CFR 210.50(a)(4).
    On August 1, 2023, the Commission determined to review the FID in 
part. See 88 FR 52208-09 (Aug. 7, 2023). Specifically, the Commission 
reviewed the FID's findings that: (1) Respondents do not infringe the 
'949, '541, and '769 patents; (2) Complainants did not satisfy the 
technical prong of the domestic industry requirement for the '541 
patent; (3) the asserted claims of the '735 and '428 patents are not 
invalid; and (4) Complainants satisfied the economic prong of the 
domestic industry requirement under subsections 337(a)(3)(B) and (C). 
Id. at 52208. The Commission determined not to review, and thus 
adopted, the FID's other findings. Id. The Commission requested 
briefing on remedy, the public interest, and bonding, but it did not 
request additional briefing on the violation issues listed above. Id. 
at 52208-09.
    On August 15, 2023, Complainants and Respondents filed their 
respective responses to the Commission's request for briefing on 
remedy, bond, and the public interest. On August 22, 2023, Complainants 
and Respondents filed their replies to each other's responses.
    Having reviewed the record in this investigation, including the 
final ID and the parties' petitions and responses thereto, the 
Commission has determined that Respondents have violated section 337 by 
importing into the United States, selling for importation, or selling 
in the United States after importation certain wet dry surface cleaning 
devices that infringe one or more of claims 1, 13, and 15 of the '735 
patent or claim 1 of the '428 patent. The Commission finds no violation 
with respect to the '949 patent, the '541 patent, or the '769 patent.
    Upon consideration of the RD, and the parties' and third party's 
submissions on remedy, bonding and the public interest, the Commission 
has determined that the appropriate remedy is: (i) a limited exclusion 
order prohibiting Respondents from importing wet dry surface cleaning 
devices that infringe one or more of claims 1, 13, and 15 of the '735 
patent or claim 1 of the '428 patent; and (ii) a cease and desist order 
against each Respondent. The Commission has determined to set a bond in 
the amount of $99.01 per covered iFloor 3 product, $99.01 per covered 
Floor One S3 product, and $0 per any other covered product imported 
during the 60-day period of Presidential review (see 19 U.S.C. 
1337(j)(3)). The Commission has determined that the public interest 
factors do not preclude issuance of a remedy.
    The Commission issues its opinion herewith setting forth its 
determinations on certain issues. This investigation is hereby 
terminated.
    The Commission's orders and opinion were delivered to the President 
and United States Trade Representative on the day of their issuance.
    The Commission voted to approve these determinations on December 
18, 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: December 18, 2023.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2023-28229 Filed 12-21-23; 8:45 am]
BILLING CODE 7020-02-P