82 FR 45609 - Certain Liquid Crystal Ewriters and Components Thereof; Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist Order

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 188 (September 29, 2017)

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 in the above-captioned investigation. The Commission has determined to issue a limited exclusion order and cease and desist order. The investigation is terminated.

[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45609-45610]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20939]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1035]


Certain Liquid Crystal Ewriters and Components Thereof; 
Commission Final Determination of Violation of Section 337; Termination 
of Investigation; Issuance of Limited Exclusion Order and Cease and 
Desist Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930 in the above-captioned investigation. The Commission has 
determined to issue a limited exclusion order and cease and desist 
order. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on January 13, 2017, based on a complaint filed by Kent Displays, Inc. 
of Kent, Ohio (``Kent Displays''). 82 FR 4418. The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain liquid crystal eWriters and components 
thereof that infringe U.S. Patent Nos. 7,351,506 (``the '506 patent'') 
and 8,947,604 (``the '604 patent''). Id. The Commission's notice of 
investigation named as respondents Shenzhen Howshow

[[Page 45610]]

Technology Co., Ltd., d/b/a Shenzhen Howshare Technology Co., Ltd., d/
b/a Howshare (``Howshare'') of Shenzhen, China, and Shenzhen SUNstone 
Technology Co., Ltd., d/b/a iQbe (``iQbe'') of Shenzhen, China. Id. The 
Office of Unfair Import Investigations is not participating in this 
investigation. Id.
    On April 11, 2017, the ALJ issued an ID finding iQbe in default for 
failing to respond to the complaint, the notice of investigation, and 
multiple discovery requests, and for failing to respond to an order to 
show cause why it should not be found in default. Order No. 9, not 
reviewed, Notice (May 11, 2017).
    On May 31, 2017, the ALJ issued an ID, granting Kent Displays' 
motion to terminate the investigation with respect to Howshare based on 
a withdrawal of the complaint. Order No. 11 (May 31, 2017).
    On June 1, 2017, Kent Displays filed a declaration seeking a 
limited exclusion order (``LEO'') and a proposed cease and desist order 
(``CDO'') against the defaulted respondent iQbe pursuant to section 
337(g)(1) and Commission Rule 210.16(c). The declaration contains Kent 
Displays' views on remedy, the public interest, and bonding. A proposed 
LEO and CDO were attached to the declaration.
    On June 26, 2017, the Commission issued a notice determining not to 
review Order No. 11. Notice (Jun. 26, 2017); 82 FR 29930-31 (June 30, 
2017). The notice also requested written submissions on the issues of 
remedy, the public interest, and bonding concerning the requested LEO 
and CDO against iQbe. Id.
    On July 10, 2017, Kent Displays filed its submission on remedy, the 
public interest, and bonding. No other submissions were received.
    Having reviewed the submissions on remedy, the public interest, and 
bonding filed in response to the Commission's Notice, and the 
information provided in the complaint, the Commission has determined, 
pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1), that the 
appropriate form of relief in this investigation is: (1) An LEO against 
iQbe, prohibiting the unlicensed entry of liquid crystal eWriters and 
components thereof that infringe claims 1-5, 10, 11, 13-16, 18-23, 26, 
and 27 of the '506 patent and/or claims 1, 2, 9-11, 15-17, 21, and 22 
of the '604 patent and (2) an order that iQbe cease and desist from 
importing, selling, marketing, advertising, distributing, transferring 
(except for exportation), soliciting United States agents or 
distributors, and aiding or abetting other entities in the importation, 
sale for importation, sale after importation, transfer (except for 
exportation), or distribution of liquid crystal eWriters and components 
thereof that infringe claims 1-5, 10, 11, 13-16, 18-23, 26, and 27 of 
the '506 patent and/or claims 1, 2, 9-11, 15-17, 21, and 22 of the '604 
patent.
    The Commission has determined that the public interest factors 
enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude 
the issuance of the LEO or CDO. The Commission has determined that 
bonding at 100 percent of the entered value of the covered products is 
required during the period of Presidential review, 19 U.S.C. 1337(j).
    The Commission's order and opinion were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    The investigation is terminated.
    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: September 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-20939 Filed 9-28-17; 8:45 am]
BILLING CODE 7020-02-P