[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18433-18434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05274]



[[Page 18433]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1346]


Certain Marine Air Conditioning Systems, Components Thereof, and 
Products Containing the Same; Notice of a Commission Determination To 
Review in Part and, on Review, To Affirm With Modification a Final 
Initial Determination Finding No Violation; Termination of 
Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part and, on review, to affirm 
with modification a final initial determination (``FID'') of the 
presiding administrative law judge (``ALJ''). The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Namo Kim, Esq., Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3459. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On December 7, 2022, the Commission 
instituted this investigation based on a complaint, as supplemented, 
filed by Dometic Corporation of Rosemont, Illinois and Dometic Sweden 
AB of Solna, Sweden (collectively, ``Dometic''). 87 FR 76216-17 (Dec. 
13, 2022). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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 
marine air conditioning systems, components thereof, and products 
containing same by reason of the infringement of certain claims of U.S. 
Patent No. 8,056,351 (``the '351 patent''). Id. The complaint further 
alleges that a domestic industry (``DI'') exists. Id. The notice of 
institution named four (4) respondents: (1) Shanghai Hopewell 
Industrial Co. Ltd. of Shanghai, China; (2) Shanghai Hehe Industrial 
Co. Ltd. of Shanghai, China; (3) CitiMarine, L.L.C. of Doral, Florida; 
and (4) Mabru Power Systems, Inc. of Dania Beach, Florida 
(collectively, ``Respondents''). Id.
    On August 28, 2023, the Commission granted in part summary 
determination that the economic prong of the DI requirement is 
satisfied. Order No. 23, unreviewed by Comm'n Notice (Aug. 28, 2023).
    On September 13, 2023, the Commission affirmed an initial 
determination granting in part summary determination of invalidity of 
claims 1-2, 4-5, 7 of the '351 patent. Order No. 19, aff'd by Comm'n 
Notice (September 13, 2023).
    The presiding ALJ held an evidentiary hearing on September 18-21, 
2023.
    On October 31, 2023, the Commission affirmed an initial 
determination terminating the investigation with respect to claims 3, 
11 and 17 of the '351 patent. Order No. 30, unreviewed by Comm'n Notice 
(October 31, 2023). Accordingly, at the time the FID was issued, claims 
18-22 of the '351 patent remained pending.
    On December 8, 2023, the ALJ issued the FID finding no violation of 
section 337. Specifically, the FID finds that Dometic failed to show 
infringement or to satisfy the technical prong of the DI requirement 
because ``the DI Products do not possess two axes'' as required by the 
remaining asserted claims under the FID's claim construction. Despite 
finding no infringement, the ALJ conducted an independent analysis of 
the accused products beyond the infringement theories presented by 
Dometic and determined that some accused products satisfy all 
limitations of the asserted claims. Lastly, the FID finds that all 
remaining asserted claims are valid.
    The FID also includes a Recommended Determination (``RD'') 
recommending, should the Commission find a violation of section 337, 
that the Commission issue: (1) a limited exclusion order with the 
Commission's standard certification provision, which does not identify 
non-infringing articles as requested by the respondents; and (2) a 
cease-and-desist order against any respondent found to be in violation. 
The RD further recommends that the Commission set no bond (zero 
percent) during the period of Presidential review.
    On December 22, 2023, both parties (Dometic and Respondents) 
petitioned for Commission review of FID's findings. Specifically, 
Dometic requests Commission review of the FID's findings concerning: 
(1) claim construction; (2) non-infringement; (3) the technical prong 
of the DI requirement; and (4) validity of the asserted claims 
concerning the claim construction and secondary considerations. 
Respondents request Commission review of the FID's findings concerning: 
(1) the technical prong; (2) certain factual findings related to 
infringement; (3) excluding Respondents' failure of proof arguments 
related to infringement; and (4) validity, in particular whether a 
certain product qualifies as prior art and whether the ALJ abused his 
discretion by excluding a certain prior art exhibit. Respondents also 
request contingent review of the following issues: (1) claim 
construction and (2) validity.
    On December 27, 2023, the Commission published its post-RD Federal 
Register notice seeking submissions on public interest issues raised by 
the relief recommended by the ALJ should the Commission find a 
violation. 88 FR 89466-67 (Dec. 27, 2023). No responses were filed from 
the public.
    On January 4, 2024, both parties (Dometic and Respondents) 
responded to each other's petition for review of the FID.
    On January 9, 2024, both parties (Dometic and Respondents) filed a 
statement on the public interest pursuant to Commission Rule 
210.50(a)(4), 19 CFR 210.50(a)(4).
    The Commission, having reviewed the record in this investigation, 
including the FID and the parties' petitions and responses thereto, has 
determined to review in part and, on review, to affirm with 
modification the FID's finding of no violation. In particular, the 
Commission reviews and, on review, supplements with supporting 
extrinsic evidence the FID's construction of the claim limitation ``the 
blower being rotatable about [a] first axis so that the outlet can be 
oriented toward a first direct[i]on and a second direction, and the 
first and second directions point to substantially different lateral 
sides of the main body'' recited in claim 18 of the '351 patent. The 
Commission has also determined to review the FID's findings concerning 
infringement and the technical prong of the DI requirement and, on 
review, to affirm the FID's finding of non-infringement and non-
satisfaction of the technical prong, but to vacate the ALJ's 
independent findings that some of the accused products (i.e., Mabru 
SC07, which represents all Mabru accused products) satisfy all 
limitations of the asserted claims, as well as the ALJ's independent 
technical prong findings on the DI products. The Commission

[[Page 18434]]

has further determined to review and, on review, to take no position on 
certain of the FID's invalidity findings and the findings that certain 
accused products satisfy a dependent claim limitation of the '351 
patent. The Commission has determined not to review the remainder of 
the FID.
    The Commission issues its opinion herewith setting forth its 
determinations on certain issues. The investigation is terminated.
    The Commission vote for this determination took place on March 7, 
2024.
    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 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05274 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P