82 FR 20919 - Certain Height-Adjustable Desk Platforms and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 85 (May 4, 2017)

Page Range		20919-20920
FR Document		2017-09018

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 30, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Varidesk LLC of Coppell, Texas. A letter supplementing the complaint was filed on April 21, 2017. 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 height- adjustable desk platforms and components thereof by reason of infringement of U.S. Patent No. 9,113,703 (``the '703 patent''); U.S. Patent No. 9,277,809 (``the '809 patent''); and U.S. Patent No. 9,554,644 (``the '644 patent''). The 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 complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 82 Issue 85 (Thursday, May 4, 2017)

[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20919-20920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09018]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1054]


Certain Height-Adjustable Desk Platforms and Components Thereof; 
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 March 30, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Varidesk LLC of 
Coppell, Texas. A letter supplementing the complaint was filed on April 
21, 2017. 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 height-
adjustable desk platforms and components thereof by reason of 
infringement of U.S. Patent No. 9,113,703 (``the '703 patent''); U.S. 
Patent No. 9,277,809 (``the '809 patent''); and U.S. Patent No. 
9,554,644 (``the '644 patent''). The 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 complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. 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. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docket 
Services Division, U.S. International Trade Commission, Katherine 
Hiner, telephone (202) 205-1802.
    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 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 28, 2017, 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 height-
adjustable desk platforms and components thereof by reason of 
infringement of one or more of claims 1, 2, 4, and 6-11 of the '703 
patent; claims 1-3, 5-18, and 22-27 of the '809 patent; and claims 1-
27, 29, 30, and 33-36 of the '644 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) 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:

Varidesk LLC, 1221 South Belt Line Road, #500, Coppell, TX 75019

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

Lumi Legend Corporation, 22/F., Building 1, Lisi Plaza, Huifeng East 
Road, Ningbo, China 315100
Innovative Office Products LLC, 100 Kuebler Road,, Easton, Pennsylvania 
18040
Ergotech Group LLC, 100 Kuebler Road, Easton, Pennsylvania 18040
Transform Partners LLC (dba Mount-It!), 9520 Black Mountain Rd St D, 
San Diego, CA 92126-4532
Monoprice, Inc., 11701 6th Street, Rancho Cucamonga, CA 91730
Ningbo Loctek Visual Technology Corporation, Science & Technology Zone, 
Jiangshan Town, Yinzhou District, Ningbo, China 315191
Zhejiang Loctek Smart Drive Technology Co., Ltd., Science & Technology 
Zone, Jiangshan Town, Yinzhou District, Ningbo, China 315191
Loctek Inc., 47618 Kato Road, Fremont, CA 94538
Zoxou, Inc., 47618 Kato Road, Fremont, CA 94538

[[Page 20920]]

Flexispot, 4569 Las Positas Rd, Suite A, Livermore, CA 94551

    The Office of Unfair Import Investigations will not participate as 
a party in this investigation; and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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.

    By order of the Commission.

    Issued: May 1, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-09018 Filed 5-3-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices 20919

number (‘‘Docket No. 3220’’) in a INTERNATIONAL TRADE Commission, Katherine Hiner,
prominent place on the cover page and/ COMMISSION telephone (202) 205–1802.
or the first page. (See Handbook for Authority: The authority for
[Investigation No. 337–TA–1054] institution of this investigation is
Electronic Filing Procedures, Electronic
Filing Procedures).1 Persons with contained in section 337 of the Tariff
Certain Height-Adjustable Desk
questions regarding filing should Act of 1930, as amended, 19 U.S.C. 1337
Platforms and Components Thereof;
contact the Secretary (202–205–2000). and in section 210.10 of the
Institution of Investigation
Any person desiring to submit a Commission’s Rules of Practice and
document to the Commission in AGENCY: U.S. International Trade Procedure, 19 CFR 210.10 (2017).
confidence must request confidential Commission. Scope of Investigation: Having
treatment. All such requests should be ACTION: Notice. considered the complaint, the U.S.
directed to the Secretary to the International Trade Commission, on
Commission and must include a full SUMMARY: Notice is hereby given that a April 28, 2017, ordered that—
statement of the reasons why the complaint was filed with the U.S. (1) Pursuant to subsection (b) of
Commission should grant such International Trade Commission on section 337 of the Tariff Act of 1930, as
treatment. See 19 CFR 201.6. Documents March 30, 2017, under section 337 of amended, an investigation be instituted
for which confidential treatment by the the Tariff Act of 1930, as amended, on to determine whether there is a
Commission is properly sought will be behalf of Varidesk LLC of Coppell, violation of subsection (a)(1)(B) of
treated accordingly. All such requests Texas. A letter supplementing the section 337 in the importation into the
should be directed to the Secretary to complaint was filed on April 21, 2017. United States, the sale for importation,
the Commission and must include a full The complaint alleges violations of or the sale within the United States after
statement of the reasons why the section 337 based upon the importation importation of certain height-adjustable
Commission should grant such into the United States, the sale for desk platforms and components thereof
treatment. See 19 CFR 201.6. Documents importation, and the sale within the by reason of infringement of one or
for which confidential treatment by the United States after importation of more of claims 1, 2, 4, and 6–11 of the
Commission is properly sought will be certain height-adjustable desk platforms ’703 patent; claims 1–3, 5–18, and 22–
treated accordingly. All information, and components thereof by reason of 27 of the ’809 patent; and claims 1–27,
including confidential business infringement of U.S. Patent No. 29, 30, and 33–36 of the ’644 patent, and
information and documents for which 9,113,703 (‘‘the ’703 patent’’); U.S. whether an industry in the United
confidential treatment is properly Patent No. 9,277,809 (‘‘the ’809 patent’’); States exists as required by subsection
sought, submitted to the Commission for and U.S. Patent No. 9,554,644 (‘‘the ’644 (a)(2) of section 337;
purposes of this Investigation may be patent’’). The complaint further alleges (2) For the purpose of the
disclosed to and used: (i) By the that an industry in the United States investigation so instituted, the following
Commission, its employees and Offices, exists or is in the process of being are hereby named as parties upon which
and contract personnel (a) for established as required by the this notice of investigation shall be
developing or maintaining the records applicable Federal Statute. served:
The complainant requests that the (a) The complainant is:
of this or a related proceeding, or (b) in
internal investigations, audits, reviews, Commission institute an investigation Varidesk LLC, 1221 South Belt Line
and evaluations relating to the and, after the investigation, issue a Road, #500, Coppell, TX 75019
programs, personnel, and operations of limited exclusion order and cease and (b) The respondents are the following
the Commission including under 5 desist orders. entities alleged to be in violation of
U.S.C. Appendix 3; or (ii) by U.S. ADDRESSES: The complaint, except for section 337, and are the parties upon
government employees and contract any confidential information contained which the complaint is to be served:
personnel,2 solely for cybersecurity therein, is available for inspection Lumi Legend Corporation, 22/F.,
purposes. All nonconfidential written during official business hours (8:45 a.m. Building 1, Lisi Plaza, Huifeng East
submissions will be available for public to 5:15 p.m.) in the Office of the Road, Ningbo, China 315100
inspection at the Office of the Secretary Secretary, U.S. International Trade Innovative Office Products LLC, 100
and on EDIS.3 Commission, 500 E Street SW., Room Kuebler Road,, Easton, Pennsylvania
This action is taken under the 112, Washington, DC 20436, telephone 18040
(202) 205–2000. Hearing impaired Ergotech Group LLC, 100 Kuebler Road,
authority of section 337 of the Tariff Act
individuals are advised that information Easton, Pennsylvania 18040
of 1930, as amended (19 U.S.C. 1337), Transform Partners LLC (dba Mount-It!),
and of §§ 201.10 and 210.8(c) of the on this matter can be obtained by
contacting the Commission’s TDD 9520 Black Mountain Rd St D, San
Commission’s Rules of Practice and Diego, CA 92126–4532
Procedure (19 CFR 201.10, 210.8(c)). terminal on (202) 205–1810. Persons
with mobility impairments who will Monoprice, Inc., 11701 6th Street,
By order of the Commission.
need special assistance in gaining access Rancho Cucamonga, CA 91730
Issued: May 1, 2017. Ningbo Loctek Visual Technology
to the Commission should contact the
Lisa R. Barton, Corporation, Science & Technology
Office of the Secretary at (202) 205–
Secretary to the Commission. Zone, Jiangshan Town, Yinzhou
2000. General information concerning
District, Ningbo, China 315191
[FR Doc. 2017–09016 Filed 5–3–17; 8:45 am] the Commission may also be obtained Zhejiang Loctek Smart Drive
by accessing its internet server at
pmangrum on DSK3GDR082PROD with NOTICES

BILLING CODE 7020–02–P
Technology Co., Ltd., Science &
https://www.usitc.gov. The public Technology Zone, Jiangshan Town,
1 Handbook for Electronic Filing Procedures: record for this investigation may be Yinzhou District, Ningbo, China
https://www.usitc.gov/documents/handbook_on_ viewed on the Commission’s electronic 315191
filing_procedures.pdf. docket (EDIS) at https://edis.usitc.gov.
2 All contract personnel will sign appropriate Loctek Inc., 47618 Kato Road, Fremont,
nondisclosure agreements. FOR FURTHER INFORMATION CONTACT: The CA 94538
3 Electronic Document Information System Office of the Secretary, Docket Services Zoxou, Inc., 47618 Kato Road, Fremont,
(EDIS): https://edis.usitc.gov. Division, U.S. International Trade CA 94538

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20920 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices

Flexispot, 4569 Las Positas Rd, Suite A, ACTION: Notice. Electronics America, Inc. of Ridgefield
Livermore, CA 94551 Park, New Jersey; and Samsung
SUMMARY: Notice is hereby given that Semiconductor, Inc. of San Jose,
The Office of Unfair Import
the U.S. International Trade California. Id. at 3474. The Office of
Investigations will not participate as a
Commission has determined not to Unfair Import Investigations is also a
party in this investigation; and
review an initial determination (‘‘ID’’) party to the investigation. Id. at 3475.
(3) For the investigation so instituted,
(Order No. 28) of the presiding After institution, LG Electronics
the Chief Administrative Law Judge,
administrative law judge (‘‘ALJ’’) U.S.A., Inc. and the Samsung
U.S. International Trade Commission,
granting an unopposed motion to respondents separately were terminated
shall designate the presiding
terminate the investigation in its from the investigation. See Notice (Aug.
Administrative Law Judge.
entirety based upon withdrawal of the 18, 2016); Notice (Aug. 19, 2016). The
Responses to the complaint and the
complaint. asserted claims of the ’135 patent, the
notice of investigation must be
submitted by the named respondents in FOR FURTHER INFORMATION CONTACT: ’817 patent, and the ’638 patent were
accordance with section 210.13 of the Panyin A. Hughes, Office of the General also terminated from the investigation.
Commission’s Rules of Practice and Counsel, U.S. International Trade See Notice (Feb. 22, 2017); Notice (Sept.
Procedure, 19 CFR 210.13. Pursuant to Commission, 500 E Street SW., 7, 2016).
19 CFR 201.16(e) and 210.13(a), such Washington, DC 20436, telephone (202) On March 12, 2017, ParkerVision
responses will be considered by the 205–3042. Copies of non-confidential moved to terminate the investigation in
Commission if received not later than 20 documents filed in connection with this its entirety based upon withdrawal of
days after the date of service by the investigation are or will be available for the complaint. On March 23, 2017, the
Commission of the complaint and the inspection during official business Commission investigative attorney filed
notice of investigation. Extensions of hours (8:45 a.m. to 5:15 p.m.) in the a response in support of the motion.
time for submitting responses to the Office of the Secretary, U.S. That same day, the respondents
complaint and the notice of International Trade Commission, 500 E indicated that they do not oppose the
investigation will not be granted unless Street SW., Washington, DC 20436, motion.
good cause therefor is shown. telephone (202) 205–2000. General On April 3, 2017, the ALJ issued the
Failure of a respondent to file a timely information concerning the Commission subject ID, granting the unopposed
response to each allegation in the may also be obtained by accessing its motion. The ALJ found that the motion
complaint and in this notice may be Internet server at https://www.usitc.gov. complied with the requirements of
deemed to constitute a waiver of the The public record for this investigation Commission Rule 210.21(a)(1) (19 CFR
right to appear and contest the may be viewed on the Commission’s 210.21(a)(1)) and further found that no
allegations of the complaint and this electronic docket (EDIS) at https:// extraordinary circumstances prohibited
notice, and to authorize the edis.usitc.gov. Hearing-impaired granting the motion. None of the parties
administrative law judge and the persons are advised that information on petitioned for review of the ID.
Commission, without further notice to this matter can be obtained by The Commission has determined not
the respondent, to find the facts to be as contacting the Commission’s TDD to review the ID.
terminal on (202) 205–1810. The authority for the Commission’s
alleged in the complaint and this notice
determination is contained in section
and to enter an initial determination SUPPLEMENTARY INFORMATION: The
337 of the Tariff Act of 1930, as
and a final determination containing Commission instituted Inv. No. 337–
amended (19 U.S.C. 1337), and in Part
such findings, and may result in the TA–982 on January 21, 2016, based on
210 of the Commission’s Rules of
issuance of an exclusion order or a cease a complaint filed by ParkerVision, Inc.
Practice and Procedure (19 CFR part
and desist order or both directed against of Jacksonville, Florida
210).
the respondent. (‘‘ParkerVision’’). 81 FR 3474–75 (Jan.
21, 2016). The complaint alleges By order of the Commission.
By order of the Commission.
violations of section 337 of the Tariff Issued: April 28, 2017.
Issued: May 1, 2017.
Act of 1930, as amended (19 U.S.C. Lisa R. Barton,
Lisa R. Barton,
1337), in the importation into the Secretary to the Commission.
Secretary to the Commission. United States, the sale for importation, [FR Doc. 2017–08962 Filed 5–3–17; 8:45 am]
[FR Doc. 2017–09018 Filed 5–3–17; 8:45 am] and the sale within the United States BILLING CODE 7020–02–P
BILLING CODE 7020–02–P after importation of certain RF capable
integrated circuits and products
containing the same by reason of NATIONAL AERONAUTICS AND
INTERNATIONAL TRADE infringement of certain claims of U.S.
COMMISSION SPACE ADMINISTRATION
Patent No. 8,571,135 (‘‘the ’135 patent’’);
U.S. Patent No. 6,879,817 (‘‘the ’817 [Notice 17–022]
[Investigation No. 337–TA–982] patent’’); U.S. Patent No. 7,929,638 (‘‘the
’638 patent’’); and U.S. Patent No. NASA International Space Station
Certain RF Capable Integrated Circuits Advisory Committee; Meeting
and Products Containing the Same: 9,118,528. The notice of investigation
Commission Determination Not To named the following respondents: AGENCY: National Aeronautics and
Review an Initial Determination Apple Inc. of Cupertino, California; LG Space Administration (NASA).
pmangrum on DSK3GDR082PROD with NOTICES

Granting Complainant’s Unopposed Electronics, Inc. of Seoul, Republic of ACTION: Notice of meeting.
Motion To Terminate the Investigation Korea; LG Electronics U.S.A., Inc. of
in Its Entirety Based Upon Withdrawal Englewood Cliffs, New Jersey; LG SUMMARY: In accordance with the
of the Complaint; Termination of Electronics MobileComm U.S.A., Inc. of Federal Advisory Committee Act, as
Investigation San Diego, California; Qualcomm amended, the National Aeronautics and
Incorporated of San Diego, California; Space Administration announces a
AGENCY:U.S. International Trade Samsung Electronics Co., Ltd. of meeting of the NASA International
Commission. Suwon-Shi, Republic of Korea; Samsung Space Station (ISS) Advisory

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Document Created: 2017-05-04 01:49:18
Document Modified: 2017-05-04 01:49:18

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of the Secretary, Docket Services Division, U.S. International Trade Commission, Katherine Hiner, telephone (202) 205-1802.
FR Citation		82 FR 20919