82 FR 21405 - Certain Mirrors With Internal Illumination and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 87 (May 8, 2017)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 8, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Electric Mirror, LLC of Everett, Washington and Kelvin 42 LLC of Pensacola, Florida. A supplement was filed on March 24, 2017, and an amended complaint was filed on April 21, 2017. The complaint, as amended, 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 mirrors with internal illumination and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,853,414 (``the '414 patent'') and U.S. Patent No. 7,559,668 (``the '668 patent''). The amended complaint further alleges that an industry in the United States exists 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.

[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21405-21406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09205]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1055]


Certain Mirrors With Internal Illumination 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 8, 2017, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Electric Mirror, 
LLC of Everett, Washington and Kelvin 42 LLC of Pensacola, Florida. A 
supplement was filed on March 24, 2017, and an amended complaint was 
filed on April 21, 2017. The complaint, as amended, 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 mirrors with internal illumination and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 7,853,414 (``the '414 patent'') and U.S. Patent No. 
7,559,668 (``the '668 patent''). The amended complaint further alleges 
that an industry in the United States exists 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 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, 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 May 1, 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 mirrors with 
internal illumination and components thereof by reason of infringement 
of one or more of claims 4, 9, 14, and 18 of the '414 patent and claims 
1-6, 8, and 14-16 of the '668 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 complainants are:

Electric Mirror, LLC, 6101 Associated Boulevard Everett, WA 98203.
Kelvin 42 LLC, 38 South Blue Angel Parkway #176, Pensacola, FL 32506.

    (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:

Lumidesign Inc., 55 West Beaver Creek Road, Unit 34, Richmond Hill, 
Ontario L4B 1K5, Canada.

[[Page 21406]]

Majestic Mirrors & Frame, LLC, 7425 NW 79th Street, Miami, FL 33166.
Project Light, LLC (d/b/a Project Light, Inc., Prospetto Light, LLC 
and/or Prospetto Lighting, LLC), 4976 Hudson Drive.

    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    (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.

    Dated: May 2, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-09205 Filed 5-5-17; 8:45 am]
BILLING CODE 7020-02-P