[Federal Register Volume 90, Number 64 (Friday, April 4, 2025)]
[Notices]
[Pages 14867-14868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05791]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1390]
Certain Capacitive Discharge Ignition Systems, Components
Thereof, and Products Containing the Same; Notice of Commission
Determination Not To Review a Final Initial Determination Finding No
Violation; 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 not to review a final
initial determination (``FID'') of the presiding chief administrative
law judge (``CALJ'') finding no violation of section 337. 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: The Commission instituted this investigation
on February 14, 2024, based on a complaint filed by Altronic, LLC of
Girard, Ohio (``Altronic''). 89 FR 11314-15 (Feb. 14, 2024). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based
on the importation into the United States, the sale for importation,
and/or the sale within the United States after importation of certain
capacitive discharge ignition systems, components thereof, and products
containing the same by reason of the infringement of certain claims of
U.S. Patent No. 7,401,603 (``the '603 patent''). Id. The complaint
further alleges that a domestic industry (``DI'') exists. Id. The
notice of investigation named as respondents MOTORTECH GmbH of Celle,
Germany and MOTORTECH Americas, LLC of New Orleans, Louisiana
(collectively ``MOTORTECH''). Id. The Office of Unfair Import
Investigations is not named as a party. Id.
On October 23, 2024, the Commission affirmed an initial
determination granting in part Altronic's motion for summary
determination that it has satisfied the economic prong of the DI
requirement with respect to the MORIS product for the '603 patent under
sections 337(a)(3)(A) and (B) (19 U.S.C. 1337(a)(3)(A), (B)). Order No.
13 (Sept. 19, 2024); affirmed by Comm'n Notice (Oct. 23, 2024).
On January 28, 2025, the CALJ issued the FID finding no violation
of section 337. Specifically, the FID finds that Altronic has not
proved that the accused products infringe any of the asserted patent
claims. The FID also finds that Altronic's DI products, CPU-XL and
MORIS, satisfy the technical prong of the DI requirement. As noted, the
Commission previously found that Altronic has satisfied the economic
prong of the DI requirement with
[[Page 14868]]
respect to Altronic's MORIS product. Therefore, the FID finds that
Altronic has satisfied the DI requirement. Lastly, the FID finds that
MOTORTECH failed to show by clear and convincing evidence that any of
the asserted claims of the '603 patent are invalid for patent
ineligibility under 35 U.S.C. 101 or as obvious under 35 U.S.C. 103.
The FID also includes a Recommended Determination (``RD'')
recommending, should the Commission find a violation of section 337,
that the Commission issue a limited exclusion order barring entry of
articles that infringe the relevant patent claim with a warranty
exemption and a standard certification provision. The RD further
recommends, in the event the Commission finds a violation of section
337, that the Commission issue a cease and desist order against
MOTORTECH Americas, LLC, and set a 100 percent bond per importation of
infringing articles during the period of Presidential review.
On February 4, 2025, the Commission published its post-RD Federal
Register notice seeking submissions on public interest issues raised by
the relief recommended by the CALJ should the Commission find a
violation. 90 FR 8937-38 (Feb. 4, 2025). No responses were filed from
the public. The parties did not file any public interest submissions
pursuant to Commission Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
No petitions for review of the FID were filed.
The Commission has determined not to review the FID. The
investigation is terminated.
The Commission vote for this determination took place on March 31,
2025.
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 31, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-05791 Filed 4-3-25; 8:45 am]
BILLING CODE 7020-02-P