[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 16025-16026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04705]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1392]
Certain Oil Vaporizing Devices, Components Thereof, and Products
Containing the Same; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on January 30, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of PAX Labs Inc.
of San Francisco, California. Supplements were filed on February 19,
2024, February 20, 2024, and February 21, 2024. The complaint 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 oil vaporizing devices, components
thereof, and products containing the same by reason of the infringement
of certain claims of U.S. Patent No. 11,369,756 (``the '756 patent'');
U.S. Patent No. 11,369,757 (``the '757 patent''); U.S. Patent No.
11,766,527 (``the '527 patent''); 11,759,580 (``the '580 patent''). The
complaint further alleges that an industry in the United States exists
as required by the applicable Federal Statute. The complainant requests
that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on February 29, 2024, ORDERED THAT--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-3, 5-13, and 15-17 of the '756 patent; claims 1-20 of the '757
patent; claims 1-30 of the '527 patent; and claims 1-20 of the '580
patent, and whether an industry in the United States exists as required
by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``vaporizing devices
capable of vaporizing oils, components thereof and products containing
the same'' where the components of a vaporizing device are ``a
mouthpiece, a cartridge body, an atomizer, a distal member, a bottom
cover, a vaporizer body including a cartridge receiver,'' as well as a
``battery,'' and where products containing the same are cartridge and
battery components ``sold in combination with a power charging device
in which the [cartridge] or battery would each be one component of the
downstream product'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
PAX Labs Inc., 660 Alabama Street, Second Floor, San Francisco, CA,
94110
(b) The respondents are the following entities alleged to be in
violation of section 337, and is the parties upon which the complaint
is to be served:
STIIIZY IP LLC f/k/a STIIIZY, LLC, 728 East Commercial Street, Los
Angeles, CA 90012
ALD Group Limited, No. 2 Industrial Third Road, Tangtou Community,
Shiyan Street, Bao'an District, Shenzhen, Guangdong Province, China
518108
ALD (Hong Kong) Holdings Limited, 19H Maxgrand Plaza No. 3, Tai Yau
Street, San Po Kong, Kowloon, Hong Kong
STIIIZY Inc. d/b/a Shryne Group Inc., 2001 South Alameda Street, Los
Angeles, CA 90058; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not be a party to
this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
[[Page 16026]]
By order of the Commission.
Issued: February 29, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04705 Filed 3-5-24; 8:45 am]
BILLING CODE 7020-02-P