[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50369-50370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12892]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1404]


Certain Surface Cleaning Devices and Components Thereof; 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 April 23, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of SharkNinja 
Operating LLC of Needham, Massachusetts, Omachron Alpha Inc. of Canada, 
and Omachron Intellectual Property Inc. of Canada. A supplement to the 
complaint was filed on May 9, 2024. An amended complaint was filed on 
May 16, 2024, and supplemented on May 23, 2024. The amended 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 surface 
cleaning devices and components thereof by reason of the infringement 
of certain claims of U.S. Patent No. 7,776,120 (``the '120 patent''); 
U.S. Patent No. 10,219,661 (``the '661 patent''); U.S. Patent No. 
11,903,546 (``the '546 patent''); U.S. Patent No. 11,910,983 (``the 
'983 patent''); and U.S. Patent No. 11,910,984 (``the '984 patent''). 
The amended complaint further alleges that an industry in the United 
States exists or is in the process of being established as required by 
the applicable Federal Statute. The complainants request that the 
Commission institute an investigation and, after the investigation, 
issue a limited exclusion order and cease and desist orders.

ADDRESSES: The amended 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: Heidi Yoo, The Office of the 
Secretary, Docket Services Division, 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 (2024).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on June 7, 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, 7-9, 12, 14, and 15 of the '120 patent; claims 1-5, 8-12, 15, 
and 16 of the '661 patent; claims 10 and 15 of the '546 patent; claims 
1, 4, 6-8, 12, and 17-19 of the '983 patent; and claims 1-18 of the 
'984 patent; and whether an industry in the United States exists or is 
in the process of being established 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 ``stick and handheld 
vacuum cleaners, along with wands, cleaner heads, tool kits, and 
attachments'';
    (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 complainants are:

SharkNinja Operating LLC, 89 A Street, Suite 100, Needham, MA 02494
Omachron Alpha Inc., 9 King Lane, P.O. Box 130, Hampton, ON L0B 1J0, 
Canada
Omachron Intellectual Property Inc., 9 King Lane, P.O. Box 130, 
Hampton, ON L0B 1J0, Canada


[[Page 50370]]


    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Dyson, Inc., 1330 W Fulton Street, 5th Floor, Chicago, IL 60607
Dyson Technology Limited, Tetbury Hill, Malmesbury, Wiltshire, SN16 
0RP, United Kingdom
Dyson Canada Limited, 8 Spadina Avenue, Suite 2200, Toronto, ON M5V 
058, Canada

    (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 participate as 
a party in this investigation.
    Responses to the amended 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 amended complaint and the notice of 
investigation. Extensions of time for submitting responses to the 
amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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.

    By order of the Commission.

    Issued: June 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-12892 Filed 6-12-24; 8:45 am]
BILLING CODE 7020-02-P