82 FR 9075 - Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 21 (February 2, 2017)

Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against certain products of Robert Bosch Tool Corporation and Robert Bosch GmbH, and a cease and desist order against Robert Bosch Tool Corporation. The investigation is terminated.

[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9075-9076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02178]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-965]


Certain Table Saws Incorporating Active Injury Mitigation 
Technology and Components Thereof; Issuance of a Limited Exclusion 
Order and a Cease and Desist Order; Termination of the 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 has issued a limited exclusion order against certain 
products of Robert Bosch Tool Corporation and Robert Bosch GmbH, and a 
cease and desist order against Robert Bosch Tool Corporation. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 September 1, 2015, based on a complaint filed by SawStop, LLC, and 
SD3, LLC (together, ``SawStop''). 80 FR 52791-92 (Sept. 1, 2015). The 
amended complaint alleged violations of section 337 of the Tariff Act 
of 1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain table saws incorporating active injury 
mitigation technology and components thereof by reason of infringement 
of certain claims of United States Patent Nos. 7,225,712 (``the '712 
patent''); 7,600,455 (``the '455 patent''); 7,610,836 (``the '836 
patent''); 7,895,927 (``the '927 patent''); 8,011,279 (``the '279 
patent''); and 8,191,450 (``the '450 patent''). The notice of 
investigation named as respondents Robert Bosch Tool Corp. of Mount 
Prospect, Illinois, and Robert Bosch GmbH of Baden-Wuerttemberg, 
Germany (together, ``Bosch''). Id. at 52792. The Office of Unfair 
Import Investigations is not a party to the investigation. Id.
    The Commission terminated the investigation with respect to the 
'836 and '450 patents based on SawStop's withdrawal of allegations 
concerning

[[Page 9076]]

those patents. Order No. 8 (Mar. 10, 2016), not reviewed, Notice (Apr. 
4, 2016); Order No. 13 (May 3, 2016), not reviewed, Notice (May 23, 
2016).
    On January 27, 2016, SawStop moved for a summary determination that 
it satisfied the economic prong of the domestic industry requirement. 
On February 8, 2016, Bosch indicated that it did not oppose the motion. 
On March 22, 2016, the ALJ granted the unopposed motion and determined 
that SawStop satisfied the economic prong of the domestic industry 
requirement. Order No. 10 (Mar. 22, 2016), not reviewed, Notice (Apr. 
21, 2016).
    On September 9, 2016, the ALJ issued his final initial 
determination finding a violation of section 337 with respect to the 
'927 and '279 patents, and no violation of section 337 with respect to 
the '712 and '455 patents. Specifically, he found that Bosch did not 
directly or contributorily infringe the '712 and '455 patents, but 
found that Bosch's REAXX table saw directly infringed the '927 and '279 
patents and that Bosch's activation cartridges contributorily infringed 
the '927 and '279 patents. He also found that Bosch had failed to show 
that any of the patent claims were invalid, and that SawStop satisfied 
the domestic industry requirement with respect to all four patents. 
Based on these findings, on September 20, 2016, the ALJ recommended 
that a limited exclusion order issue against Bosch's infringing 
products, that a cease and desist order issue against Robert Bosch Tool 
Corporation, and that the bond during the period of Presidential review 
be set at zero percent. He also recommended that the scope of the 
exclusion order and cease and desist order specifically cover the 
contributorily infringing activation cartridges.
    On September 26, 2016, SawStop and Bosch each petitioned for review 
of the ID. On October 4, 2016, the parties opposed each other's 
petitions. On November 10, 2016, the Commission determined not to 
review the ID, and requested briefing from the parties and the public 
on the issues of remedy, the public interest, and bonding. The 
Commission received responsive submissions from SawStop, Bosch, and the 
PowerTool Institute, Inc. on November 22, 2016, and reply submissions 
from SawStop and Bosch on December 2, 2016.
    The Commission has determined that the appropriate remedy is a 
limited exclusion order prohibiting the entry of table saws 
incorporating active injury mitigation technology and components 
thereof that infringe claims 8 and 12 of the '927 patent and claims 1, 
6, 16, and 17 of the '279 patent, and an order that Robert Bosch Tool 
Corp. cease and desist from importing, selling, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
or soliciting U.S. agents or distributors of imported table saws 
incorporating active injury mitigation technology and components 
thereof that infringe claims 8 and 12 of U.S. Patent the '927 patent 
and claims 1, 6, 16, and 17 of the '279 patent. The Commission has 
determined that the public interest factors enumerated in section 
337(d) and (f), 19 U.S.C. 1337(d) and (f), do not preclude the issuance 
of the limited exclusion order or cease and desist order. The 
Commission has determined that bonding at zero percent of entered value 
is required during the period of Presidential review, 19 U.S.C. 
1337(j). Commissioner Kieff dissents as to the bond determination, and 
writes separately to explain his views both concerning the basis for 
issuing the cease and desist order and for making the bond 
determination. The investigation is terminated.
    The Commission's order and opinion were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    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: January 27, 2017.
 Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2017-02178 Filed 2-1-17; 8:45 am]
 BILLING CODE 7020-02-P