82 FR 56266 - Certain Mounting Apparatuses for Holding Portable Electronic Devices and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 227 (November 28, 2017)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 24, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of National Products Inc. of Seattle, Washington. A supplement to the complaint was filed on November 3, 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 mounting apparatuses for holding portable electronic devices and components thereof by reason of infringement of U.S. Patent No. 8,544,161 (``the '161 Patent''); U.S. Patent No. D703,657 (``the '657 Patent''); U.S. Patent No. 8,186,636 (``the '636 Patent''); U.S. Patent No. D571,278 (``the '278 Patent''); U.S. Patent No. D574,204 (``the '204 Patent''); U.S. Patent No. 9,568,148 (``the '148 Patent''); and U.S. Trademark Registration No. 4,254,086 (``the '086 Trademark''). The 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 a cease and desist order.

[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56266-56267]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25623]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1086]


Certain Mounting Apparatuses for Holding Portable Electronic 
Devices 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 October 24, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of National 
Products Inc. of Seattle, Washington. A supplement to the complaint was 
filed on November 3, 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 mounting apparatuses for holding portable electronic devices 
and components thereof by reason of infringement of U.S. Patent No. 
8,544,161 (``the '161 Patent''); U.S. Patent No. D703,657 (``the '657 
Patent''); U.S. Patent No. 8,186,636 (``the '636 Patent''); U.S. Patent 
No. D571,278 (``the '278 Patent''); U.S. Patent No. D574,204 (``the 
'204 Patent''); U.S. Patent No. 9,568,148 (``the '148 Patent''); and 
U.S. Trademark Registration No. 4,254,086 (``the '086 Trademark''). The 
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 a cease and desist order.

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: Pathenia M. Proctor, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2560.

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 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 21, 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:
    (a) 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 mounting apparatuses for holding portable electronic devices 
and components thereof by reason of infringement of one or more of 
claims 1-18 of the '161 patent; claim 1 of the '657 patent; claims 1-20 
of the '636 patent; claim 1 of the '278 patent; claims 1 of the '204 
patent; claims 1-13 of the '148 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (c) whether there is a violation of subsection (a)(1)(C) 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 mounting apparatuses for holding portable electronic devices 
and components thereof by reason of infringement of the '086 trademark; 
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: National Products Inc., 8410 Dallas Ave 
S., Seattle, WA 98108.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Shenzhen Chengshuo Technology Co., Ltd., d/b/a WUPP, Building A, No. 
18, Zhongbuqiao, Qixianqiao Village, Dalu Ind. Zone, Liangzhu Town, 
Yuhang Dist., Hangzhou, Zhejiang, China
Foshan City Qishi Sporting Goods, Technology Co., Ltd. d/b/a N-Star, 
Guangfo Road No. 71, Nanhai District, Foshan City, Guangdong, China 
258200
Chengdu MWUPP Technology Co., Ltd, Building 1, Third Floor, Door 15, 10 
Jinkang Road; Wuhou District, Chengdu City, Sichuan Province, China 
610045
Shenzhen Yingxue Technology Co., Ltd., d/b/a Yingxue Tech, Room 14H, 
Haojingmingyuan Phase II, No. 28 Zhengqing Road, Buji Town, Longgang 
District, Shenzhen, China 518112
Shenzhen Shunsihang Technology Co., Ltd., d/b/a BlueFire, Room 16D, 
Yonghuafu, Building No. 1, Longcheng Huafu, Longcheng St., Longgang, 
District, Shenzhen, China 518172
Guangzhou Kean Products Co., Ltd., Room 216-218, No. 275, D District, 
Zeng Cha Road, Baiyun District, Guangzhou, Guangdong, China
Prolech Electronics Limited, Building 2, Floor 2, Ba Fang Yuan 
Industrial, Gui Shan Road Number 9, Xixiang Town, Baoan District, 
Shenzhen, China
Gangzhou Kaicheng Metal Produce Co., Ltd. d/b/a ZJMOTO No. 17, Xijiu 
Street, Jinshazhou, Baiyun Dist., Guangzhou, Guangdong, China 510165
Shenzhen Smilin Electronic Technology, Co., Ltd., 40 Building, 
Niulanqian Village, Minzhi Street, Baoan District, Shenzhen, Guangdong, 
China 518131
Shenzhen New Dream Intelligent Plastic, Co., Ltd., B511, Lanshang 
Innovation Park, No. 7, Xinfeng Road, Longcheng Street, Longgang 
District, Shenzhen, Guangdong, China 518172

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge,

[[Page 56267]]

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: November 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-25623 Filed 11-27-17; 8:45 am]
BILLING CODE 7020-02-P