[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