83_FR_13578 83 FR 13517 - Certain Access Control Systems and Components Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation

83 FR 13517 - Certain Access Control Systems and Components Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range13517-13519
FR Document2018-06293

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has issued a limited exclusion order prohibiting importation of infringing access control systems and components thereof and issued cease and desist orders directed to the following respondents: Techtronic Industries Company Ltd. of Tsuen Wan, Hong Kong (``TTi HK''); Techtronic Industries North America Inc. of Hunt Valley, Maryland (``TTi NA''); One World Technologies, Inc. of Anderson, South Carolina (``One World''); and OWT Industries, Inc. of Pickens, South Carolina (``OWT''). The investigation is terminated.

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Pages 13517-13519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06293]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1016]


Certain Access Control Systems and Components Thereof; Notice of 
the Commission's Final Determination Finding a Violation of Section 
337; Issuance of Limited Exclusion Order and Cease and Desist Orders; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 in this investigation 
and has issued a limited exclusion order prohibiting importation of 
infringing access control systems and components thereof and issued 
cease and desist orders directed to the following respondents: 
Techtronic Industries Company Ltd. of Tsuen Wan, Hong Kong (``TTi 
HK''); Techtronic Industries North America Inc. of Hunt Valley, 
Maryland (``TTi NA''); One World Technologies, Inc. of Anderson, South 
Carolina (``One World''); and OWT Industries, Inc. of Pickens, South 
Carolina (``OWT''). The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3042. 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

[[Page 13518]]

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 August 9, 2016, based on a complaint filed by The Chamberlain Group, 
Inc. of Elmhurst, Illinois (``Chamberlain'' or ``CGI''). 81 FR 52713 
(Aug. 9, 2016). The complaint alleges 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 access control systems 
and components thereof by reason of infringement of one or more of 
claims 1, 10-12, and 18-25 of U.S. Patent No. 7,196,611 (``the '611 
patent''); claims 1-4, 7-12, 15, and 16 of the '319 patent; and claims 
7, 11-13, 15-23, and 34-36 of the '336 patent. Id. The notice of 
investigation named the following respondents: TTi HK; TTi NA; One 
World; OWT; ET Technology (Wuxi) Co., Ltd. of Zhejiang, China 
(collectively, ``Respondents''); and Ryobi Technologies Inc. of 
Anderson, South Carolina (``Ryobi''). Id. The Office of Unfair Import 
Investigations is not a party to the investigation.
    On October 27, 2016, the Commission determined not to review the 
ALJ's order (Order No. 4) granting a motion to amend the Notice of 
Investigation to include the following two additional respondents: 
Techtronic Trading Limited of Kwai Chung, Hong Kong; and Techtronic 
Industries Factory Outlets Inc., d/b/a Direct Tools Factory Outlet of 
Anderson, South Carolina (collectively, ``Techtronic''). See Order No. 
4, Comm'n Notice of Non-Review (Oct. 27, 2016).
    On November 7, 2016, the Commission determined not to review the 
ALJ's order (Order No. 6) terminating the investigation as to Ryobi. 
See Order No. 6, Comm'n Notice of Non-Review (Nov. 7, 2016).
    On March 15, 2017, the Commission determined not to review the 
ALJ's order (Order No. 15) granting a motion to terminate the 
investigation as to Techtronic. Order No. 15, Comm'n Notice of Non-
Review (Mar. 15, 2017).
    On March 20, 2017, the Commission determined not to review the 
ALJ's order (Order No. 18) granting a motion to terminate the 
investigation as to claims 10, 19-20, and 22 of the '611 patent and 
claims 7, 11-13, 15-18, 35, and 36 of the '336 patent. Order No. 18; 
Comm'n Notice of Non-Review (Mar. 20, 2017).
    On March 27, 2017, the ALJ issued Order No. 23 granting 
Respondents' motion for summary determination of non-infringement of 
the asserted claims of the '319 patent, stemming from the ALJ's 
construction of the claim term ``wall console'' to mean ``a wall-
mounted control unit including a passive infrared detector.'' See Order 
No. 13 (Markman Order at 80).
    The ALJ held an evidentiary hearing from May 1, 2017 through May 3, 
2017, on issues solely relating to the '336 patent.
    On May 3, the Commission determined to review Order No. 23 that 
granted Respondents' motion for summary determination of non-
infringement of the '319 patent. On review, the Commission determined 
to construe ``wall console'' as a ``wall-mounted control unit,'' 
vacated Order No. 23, and remanded the investigation as to the '319 
patent to the ALJ for further proceedings. See Comm'n Op. (May 5, 2017) 
at 1-2.
    On May 31, 2017, the Commission determined not to review the ALJ's 
order (Order No. 28) granting a motion to terminate the investigation 
as to all of the pending claims of the '611 patent. Order No. 28; 
Comm'n Notice of Non-Review (May 31, 2017).
    The ALJ held a second evidentiary hearing from July 12, 2017, 
through July 13, 2017, on issues relating to the '319 patent.
    On November 9, 2017, the Commission determined not to review the 
ALJ's order (Order No. 36) granting a motion to terminate the 
investigation as to certain accused products and claims 19-23 of the 
'336 patent. Order No. 36; Comm'n Notice of Non-Review (Nov. 9, 2017).
    On October 23, 2017, the ALJ issued his final ID, finding a 
violation of section 337 by Respondents in connection with claims 1-4, 
7-12, 15, and 16 of the '319 patent. Specifically, the ALJ found that 
the Commission has subject matter jurisdiction, in rem jurisdiction 
over the accused products, and in personam jurisdiction over 
Respondents. ID at 24-26. The ALJ also found that Chamberlain satisfied 
the importation requirement of section 337 (19 U.S.C. 1337(a)(1)(B)). 
Id. The ALJ further found that the accused products directly infringe 
asserted claims 1-4, 7-12, 15, and 16 of the '319 patent, and that 
Respondents induce infringement of those claims. See ID at 130-141, 
144. The ALJ also found that Respondents failed to establish that the 
asserted claims of the '319 patent are invalid for obviousness. ID at 
151-212. With respect to the '336 patent, the ALJ found that 
Respondents do not directly or indirectly infringe asserted claim 34 
and that claim 34 is not invalid as obvious. ID at 72-74, 105-119. The 
ALJ further found that claims 15, 19, and 34 of the '336 patent are 
invalid under 35 U.S.C. 101 for reciting unpatentable subject matter 
and that claim 15 is invalid for anticipation but that claims 12, 14, 
and 19 have not been shown invalid for anticipation. ID at 74-103. 
Finally, the ALJ found that Chamberlain established the existence of a 
domestic industry that practices the asserted patents under 19 U.S.C. 
1337(a)(2). See ID at 257-261, 288-294.
    Also on October 23, 2017, the ALJ issued his recommended 
determination on remedy and bonding. Recommended Determination on 
Remedy and Bonding (``RD''). The ALJ recommends that in the event the 
Commission finds a violation of section 337, the Commission should 
issue a limited exclusion order prohibiting the importation of 
Respondents' accused products and components thereof that infringe the 
asserted claims of the '319 patent. RD at 2. The ALJ also recommends 
issuance of cease and desist orders against respondents Techtronic 
Industries Company Ltd., Techtronic Industries North America Inc., One 
World Technologies, Inc., and OWT Industries, Inc. based on the 
presence of commercially significant inventory in the United States. RD 
at 5. With respect to the amount of bond that should be posted during 
the period of Presidential review, the ALJ recommends that the 
Commission set a bond in the amount of zero (i.e., no bond) during the 
period of Presidential review. RD at 6-7.
    On November 6, 2017, Respondents filed a petition for review as to 
the '319 patent and a contingent petition for review as to the '336 
patent. See Respondents' Petition for Review. Also on November 6, 2017, 
Chamberlain filed a petition for review of the ID, primarily 
challenging the ALJ's findings of no violation of section 337 as it 
pertains to the '336 patent. See Complainant's Petition for Review of 
Initial Determination on Violation of Section 337.
    On November 14, 2017, Chamberlain and Respondents filed their 
respective responses to the petitions for review. See Complainant's 
Response to Respondents' Petition for Review of Initial Determination 
on Violation of Section 337; Respondents' Response to Complainant's 
Petition for Review.
    On December 22, 2017, the Commission determined to review the final 
ID in part. 82 FR 61792-94 (Dec. 29, 2017). Specifically, for the '319

[[Page 13519]]

patent the Commission determined to review (1) the ID's finding that a 
combination of prior art references Doppelt, Jacobs, and Gilbert fail 
to render the asserted claims obvious; and (2) the ID's finding that a 
combination of prior art references Matsuoka, Doppelt, and Eckel fail 
to render the asserted claims obvious. For the '336 patent the 
Commission determined to review (1) the ID's finding that claim 34 
recites ineligible patent subject matter under 35 U.S.C. 101; and (2) 
the ID's finding that Pruessel, either alone or in combination with 
Koestler, fails to render claim 34 obvious. The Commission requested 
the parties to brief certain issues. Id. On January 5, 2018, the 
parties filed submissions to the Commission's question and on remedy, 
the public interest, and bonding. See Complainant's Response to Request 
for Written Submissions Regarding Issues Under Review; Respondents' 
Response to Request for Written Submissions Regarding Issues Under 
Review. On January 12, 2018, the parties filed reply submissions. See 
Complainant's Reply to Respondents' Submission Addressing the 
Commission's December 22, 2017 Notice; Respondents' Reply to 
Complainant's Submission Regarding Issues Under Review.
    Having examined the record of this investigation, including the 
final ID, and the parties' submissions, for the '319 patent the 
Commission has determined to (1) affirm the ALJ's finding that a 
combination of prior art references Doppelt, Jacobs, and Gilbert fail 
to render the asserted claims obvious and (2) affirm the ALJ's finding 
that a combination of prior art references Matsuoka, Doppelt, and Eckel 
fail to render the asserted claims obvious, but reverse the ALJ's 
finding that Eckel is analogous art. For the '336 patent the Commission 
has determined to (1) affirm the ALJ's finding that Pruessel, either 
alone or in combination with Koestler, fails to render claim 34 obvious 
and (2) take no position on the ALJ's finding that claim 34 recites 
ineligible patent subject matter under 35 U.S.C. 101. The Commission 
adopts the ID's findings to the extent they are not inconsistent with 
the Commission opinion issued herewith.
    Having found a violation of section 337 in this investigation, the 
Commission has determined that the appropriate form of relief is: (1) A 
limited exclusion order prohibiting the unlicensed entry of access 
control systems and components thereof that infringe one or more of 
claims 1-4, 7-12, 15, and 16 of the '319 patent that are manufactured 
by, or on behalf of, or are imported by or on behalf of Respondents or 
any of their affiliated companies, parents, subsidiaries, agents, or 
other related business entities, or their successors or assigns, are 
excluded from entry for consumption into the United States, entry for 
consumption from a foreign-trade zone, or withdrawal from a warehouse 
for consumption, for the remaining term of the '319 patent except under 
license of the patent owner or as provided by law; and (2) cease and 
desist orders prohibiting TTi HK, TTi NA, One World, and OWT from 
conducting any of the following activities in the United States: 
Importing, selling, marketing, advertising, distributing, transferring 
(except for exportation), and soliciting U.S. agents or distributors 
for, access control systems and components thereof covered by one or 
more of claims 1-4, 7-12, 15, and 16 of the '319 patent.
    The Commission has also determined that the public interest factors 
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not 
preclude issuance of the limited exclusion order or cease and desist 
orders. Finally, the Commission has determined that a bond in the 
amount of zero is required to permit temporary importation during the 
period of Presidential review (19 U.S.C. 1337(j)) of access control 
system and components thereof that are subject to the remedial orders. 
The Commission's orders and opinion were delivered to the President and 
to 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: March 23, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-06293 Filed 3-28-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices                                                  13517

                                                Acecom, Inc.—San Antonio d/b/a                          Print After Print, Inc. d/b/a                         alleged in the complaint and this notice
                                                  InkSell.com, 4212 Thousand Oaks                          OutOfToner.com, 2640 E. Rose                       and to enter an initial determination
                                                  Drive, San Antonio, Texas 78217                          Garden Lane, Phoenix, Arizona 85050                and a final determination containing
                                                ACM Technologies, Inc., 2535 Research                   Fairland, LLC d/b/a ProPrint, 155 N.                  such findings, and may result in the
                                                  Drive, Corona, California 92882                          Riverview Drive, Suite 100, Anaheim                issuance of an exclusion order or a cease
                                                Arlington Industries, Inc., 1616 S.                        Hills, California 92808                            and desist order or both directed against
                                                  Lakeside Drive, Waukegan, Illinois                    Reliable Imaging Computer Products,                   the respondent.
                                                  60085                                                    Inc., 9659 Balboa Boulevard,                         By order of the Commission.
                                                Bluedog Distribution Inc., 450 North                       Northridge, California 91325
                                                  Park Road, Suite 810, Hollywood,                                                                              Issued: March 26, 2018.
                                                                                                        Apex Excel Limited d/b/a ShopAt247,
                                                  Florida 33021                                                                                               Lisa R. Barton,
                                                                                                           19223 Colima Road, Unit 943,
                                                Do It Wiser LLC d/b/a Image Toner,                         Rowland Heights, California 91748                  Secretary to the Commission.
                                                  4255 Trotters Way #8A, Alpharetta,                    The Supplies Guys, LLC, 590                           [FR Doc. 2018–06378 Filed 3–28–18; 8:45 am]
                                                  Georgia 30004                                            Centerville Road #388, Lancaster,                  BILLING CODE 7020–02–P
                                                EIS Office Solutions, Inc., 314 Garden
                                                                                                           Pennsylvania 17601
                                                  Oaks Boulevard, Houston, Texas
                                                                                                        Billiontree Technology USA Inc. d/b/a
                                                  77018–5502                                                                                                  INTERNATIONAL TRADE
                                                eReplacements, LLC, 600 E. Dallas                          Toner Kingdom, 19945 Harrison
                                                                                                           Avenue, City of Industry, California               COMMISSION
                                                  Road, Suite 200, Grapevine, Texas
                                                  76051                                                    91789                                              [Investigation No. 337–TA–1016]
                                                Frontier Imaging Inc., 1250 W Artesia                   FTrade Inc. d/b/a ValueToner, 1324
                                                                                                           Forest Avenue, Suite 406, Staten                   Certain Access Control Systems and
                                                  Boulevard, Compton, California 90220
                                                Garvey’s Office Products, Inc., 7500 N.                    Island, New York 10302                             Components Thereof; Notice of the
                                                  Caldwell Avenue, Niles, Illinois                      V4INK, Inc., 2760 E Philadelphia Street,              Commission’s Final Determination
                                                  60714–3808                                               Ontario, California 91761                          Finding a Violation of Section 337;
                                                Global Cartridges, 918 Chula Vista Ave.,                World Class Ink Supply, Inc., 47 Cooper               Issuance of Limited Exclusion Order
                                                  Suite #3, Burlingame, California                         Street, Rear Suite, Woodbury, New                  and Cease and Desist Orders;
                                                  94010                                                    Jersey 08096                                       Termination of the Investigation
                                                GPC Trading Co., Limited d/b/a GPC                      9010–8077 Quebec Inc. d/b/a Zeetoner,                 AGENCY: U.S. International Trade
                                                  Image, Room 1103, Hang Seng                              6 Rue Finch, Dollard-Des-Ormeaux,                  Commission.
                                                  Mongkok Building, 677 Nathan Road,                       Quebec, Canada H9A 3G9
                                                                                                                                                              ACTION: Notice.
                                                  Kowloon, Hong Kong                                    Zinyaw LLC d/b/a TonerPirate.com and
                                                Hong Kong BoZe Co., Limited d/b/a                          Supply District, 1321 Upland Drive                 SUMMARY:   Notice is hereby given that
                                                  Greensky, Flat/Rm A 27/F, Billion                        #1359, Houston, Texas 77043                        the U.S. International Trade
                                                  Plaza 2, 10 Cheung Yee Street, Lai Chi                   (c) The Office of Unfair Import                    Commission has found a violation of
                                                  Kok, KL Hong Kong                                     Investigations, U.S. International Trade              section 337 in this investigation and has
                                                Master Print Supplies, Inc. d/b/a HQ                    Commission, 500 E Street SW, Suite                    issued a limited exclusion order
                                                  Products, 802 Burlway Road,                           401, Washington, DC 20436; and                        prohibiting importation of infringing
                                                  Burlingame, California 94010                             (3) For the investigation so instituted,           access control systems and components
                                                i8 International, Inc. d/b/a                            the Chief Administrative Law Judge,                   thereof and issued cease and desist
                                                  Ink4Work.com, 19961 Harrison                          U.S. International Trade Commission,                  orders directed to the following
                                                  Avenue, City of Industry, California                  shall designate the presiding                         respondents: Techtronic Industries
                                                  91789                                                 Administrative Law Judge.                             Company Ltd. of Tsuen Wan, Hong
                                                Ink Technologies Printer Supplies, LLC,                                                                       Kong (‘‘TTi HK’’); Techtronic Industries
                                                                                                           Responses to the complaint and the
                                                  7600 McEwen Road, Dayton, Ohio                                                                              North America Inc. of Hunt Valley,
                                                                                                        notice of investigation must be
                                                  45459                                                                                                       Maryland (‘‘TTi NA’’); One World
                                                LD Products, Inc., 3700 Cover Street,                   submitted by the named respondents in
                                                                                                        accordance with section 210.13 of the                 Technologies, Inc. of Anderson, South
                                                  Long Beach, California 90808
                                                Linkyo Corp. d/b/a                                      Commission’s Rules of Practice and                    Carolina (‘‘One World’’); and OWT
                                                  SuperMediaStore.com, 629 South                        Procedure, 19 CFR 210.13. Pursuant to                 Industries, Inc. of Pickens, South
                                                  Sixth Avenue, La Puente, California                   19 CFR 201.16(e) and 210.13(a), such                  Carolina (‘‘OWT’’). The investigation is
                                                  91746                                                 responses will be considered by the                   terminated.
                                                CLT Computers, Inc. d/b/a Multiwave                     Commission if received not later than 20              FOR FURTHER INFORMATION CONTACT:
                                                  and MWave, 20153 Paseo Del Prado,                     days after the date of service by the                 Panyin A. Hughes, Office of the General
                                                  Walnut, California 91789                              Commission of the complaint and the                   Counsel, U.S. International Trade
                                                Imaging Supplies Investors, LLC d/b/a,                  notice of investigation. Extensions of                Commission, 500 E Street SW,
                                                  SuppliesOutlet.com,                                   time for submitting responses to the                  Washington, DC 20436, telephone 202–
                                                  SuppliesWholesalers.com, and,                         complaint and the notice of                           205–3042. Copies of non-confidential
                                                  OnlineTechStores.com, 5440 Reno                       investigation will not be granted unless              documents filed in connection with this
                                                  Corporate Drive, Reno, Nevada 89511                   good cause therefor is shown.                         investigation are or will be available for
                                                Online Tech Stores, LLC d/b/a,                             Failure of a respondent to file a timely           inspection during official business
                                                  SuppliesOutlet.com,                                   response to each allegation in the                    hours (8:45 a.m. to 5:15 p.m.) in the
                                                                                                        complaint and in this notice may be                   Office of the Secretary, U.S.
sradovich on DSK3GMQ082PROD with NOTICES




                                                  SuppliesWholesalers.com, and
                                                  OnlineTechStores.com, 190 Monroe                      deemed to constitute a waiver of the                  International Trade Commission, 500 E
                                                  Avenue, Suite 600, Grand Rapids,                      right to appear and contest the                       Street SW, Washington, DC 20436,
                                                  Michigan 49503–2628                                   allegations of the complaint and this                 telephone 202–205–2000. General
                                                Kuhlmann Enterprises, Inc. d/b/a                        notice, and to authorize the                          information concerning the Commission
                                                  Precision Roller, 2102 W. Quail                       administrative law judge and the                      may also be obtained by accessing its
                                                  Avenue, Suite 1, Phoenix, Arizona                     Commission, without further notice to                 internet server (https://www.usitc.gov).
                                                  85027                                                 the respondent, to find the facts to be as            The public record for this investigation


                                           VerDate Sep<11>2014   19:09 Mar 28, 2018   Jkt 244001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\29MRN1.SGM   29MRN1


                                                13518                        Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

                                                may be viewed on the Commission’s                       Comm’n Notice of Non-Review (Mar. 20,                 respect to the ’336 patent, the ALJ found
                                                electronic docket (EDIS) at https://                    2017).                                                that Respondents do not directly or
                                                edis.usitc.gov. Hearing-impaired                           On March 27, 2017, the ALJ issued                  indirectly infringe asserted claim 34 and
                                                persons are advised that information on                 Order No. 23 granting Respondents’                    that claim 34 is not invalid as obvious.
                                                this matter can be obtained by                          motion for summary determination of                   ID at 72–74, 105–119. The ALJ further
                                                contacting the Commission’s TDD                         non-infringement of the asserted claims               found that claims 15, 19, and 34 of the
                                                terminal on 202–205–1810.                               of the ’319 patent, stemming from the                 ’336 patent are invalid under 35 U.S.C.
                                                SUPPLEMENTARY INFORMATION: The                          ALJ’s construction of the claim term                  101 for reciting unpatentable subject
                                                Commission instituted this investigation                ‘‘wall console’’ to mean ‘‘a wall-                    matter and that claim 15 is invalid for
                                                on August 9, 2016, based on a complaint                 mounted control unit including a                      anticipation but that claims 12, 14, and
                                                filed by The Chamberlain Group, Inc. of                 passive infrared detector.’’ See Order                19 have not been shown invalid for
                                                Elmhurst, Illinois (‘‘Chamberlain’’ or                  No. 13 (Markman Order at 80).                         anticipation. ID at 74–103. Finally, the
                                                                                                           The ALJ held an evidentiary hearing                ALJ found that Chamberlain established
                                                ‘‘CGI’’). 81 FR 52713 (Aug. 9, 2016). The
                                                                                                        from May 1, 2017 through May 3, 2017,                 the existence of a domestic industry that
                                                complaint alleges violations of section
                                                                                                        on issues solely relating to the ’336                 practices the asserted patents under 19
                                                337 of the Tariff Act of 1930, as
                                                                                                        patent.                                               U.S.C. 1337(a)(2). See ID at 257–261,
                                                amended (19 U.S.C. 1337), in the                           On May 3, the Commission
                                                importation into the United States, the                                                                       288–294.
                                                                                                        determined to review Order No. 23 that                   Also on October 23, 2017, the ALJ
                                                sale for importation, and the sale within               granted Respondents’ motion for                       issued his recommended determination
                                                the United States after importation of                  summary determination of non-                         on remedy and bonding. Recommended
                                                certain access control systems and                      infringement of the ’319 patent. On                   Determination on Remedy and Bonding
                                                components thereof by reason of                         review, the Commission determined to                  (‘‘RD’’). The ALJ recommends that in the
                                                infringement of one or more of claims 1,                construe ‘‘wall console’’ as a ‘‘wall-                event the Commission finds a violation
                                                10–12, and 18–25 of U.S. Patent No.                     mounted control unit,’’ vacated Order                 of section 337, the Commission should
                                                7,196,611 (‘‘the ’611 patent’’); claims 1–              No. 23, and remanded the investigation                issue a limited exclusion order
                                                4, 7–12, 15, and 16 of the ’319 patent;                 as to the ’319 patent to the ALJ for                  prohibiting the importation of
                                                and claims 7, 11–13, 15–23, and 34–36                   further proceedings. See Comm’n Op.                   Respondents’ accused products and
                                                of the ’336 patent. Id. The notice of                   (May 5, 2017) at 1–2.                                 components thereof that infringe the
                                                investigation named the following                          On May 31, 2017, the Commission                    asserted claims of the ’319 patent. RD at
                                                respondents: TTi HK; TTi NA; One                        determined not to review the ALJ’s                    2. The ALJ also recommends issuance of
                                                World; OWT; ET Technology (Wuxi)                        order (Order No. 28) granting a motion                cease and desist orders against
                                                Co., Ltd. of Zhejiang, China                            to terminate the investigation as to all of           respondents Techtronic Industries
                                                (collectively, ‘‘Respondents’’); and                    the pending claims of the ’611 patent.                Company Ltd., Techtronic Industries
                                                Ryobi Technologies Inc. of Anderson,                    Order No. 28; Comm’n Notice of Non-                   North America Inc., One World
                                                South Carolina (‘‘Ryobi’’). Id. The Office              Review (May 31, 2017).                                Technologies, Inc., and OWT Industries,
                                                of Unfair Import Investigations is not a                   The ALJ held a second evidentiary                  Inc. based on the presence of
                                                party to the investigation.                             hearing from July 12, 2017, through July              commercially significant inventory in
                                                   On October 27, 2016, the Commission                  13, 2017, on issues relating to the ’319              the United States. RD at 5. With respect
                                                determined not to review the ALJ’s                      patent.                                               to the amount of bond that should be
                                                order (Order No. 4) granting a motion to                   On November 9, 2017, the                           posted during the period of Presidential
                                                amend the Notice of Investigation to                    Commission determined not to review                   review, the ALJ recommends that the
                                                include the following two additional                    the ALJ’s order (Order No. 36) granting               Commission set a bond in the amount
                                                respondents: Techtronic Trading                         a motion to terminate the investigation               of zero (i.e., no bond) during the period
                                                Limited of Kwai Chung, Hong Kong; and                   as to certain accused products and                    of Presidential review. RD at 6–7.
                                                Techtronic Industries Factory Outlets                   claims 19–23 of the ’336 patent. Order                   On November 6, 2017, Respondents
                                                Inc., d/b/a Direct Tools Factory Outlet of              No. 36; Comm’n Notice of Non-Review                   filed a petition for review as to the ’319
                                                Anderson, South Carolina (collectively,                 (Nov. 9, 2017).                                       patent and a contingent petition for
                                                ‘‘Techtronic’’). See Order No. 4,                          On October 23, 2017, the ALJ issued                review as to the ’336 patent. See
                                                Comm’n Notice of Non-Review (Oct. 27,                   his final ID, finding a violation of                  Respondents’ Petition for Review. Also
                                                2016).                                                  section 337 by Respondents in                         on November 6, 2017, Chamberlain filed
                                                   On November 7, 2016, the                             connection with claims 1–4, 7–12, 15,                 a petition for review of the ID, primarily
                                                Commission determined not to review                     and 16 of the ’319 patent. Specifically,              challenging the ALJ’s findings of no
                                                the ALJ’s order (Order No. 6)                           the ALJ found that the Commission has                 violation of section 337 as it pertains to
                                                terminating the investigation as to                     subject matter jurisdiction, in rem                   the ’336 patent. See Complainant’s
                                                Ryobi. See Order No. 6, Comm’n Notice                   jurisdiction over the accused products,               Petition for Review of Initial
                                                of Non-Review (Nov. 7, 2016).                           and in personam jurisdiction over                     Determination on Violation of Section
                                                   On March 15, 2017, the Commission                    Respondents. ID at 24–26. The ALJ also                337.
                                                determined not to review the ALJ’s                      found that Chamberlain satisfied the                     On November 14, 2017, Chamberlain
                                                order (Order No. 15) granting a motion                  importation requirement of section 337                and Respondents filed their respective
                                                to terminate the investigation as to                    (19 U.S.C. 1337(a)(1)(B)). Id. The ALJ                responses to the petitions for review.
                                                Techtronic. Order No. 15, Comm’n                        further found that the accused products               See Complainant’s Response to
                                                Notice of Non-Review (Mar. 15, 2017).                   directly infringe asserted claims 1–4, 7–
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                                                                                                                                                              Respondents’ Petition for Review of
                                                   On March 20, 2017, the Commission                    12, 15, and 16 of the ’319 patent, and                Initial Determination on Violation of
                                                determined not to review the ALJ’s                      that Respondents induce infringement                  Section 337; Respondents’ Response to
                                                order (Order No. 18) granting a motion                  of those claims. See ID at 130–141, 144.              Complainant’s Petition for Review.
                                                to terminate the investigation as to                    The ALJ also found that Respondents                      On December 22, 2017, the
                                                claims 10, 19–20, and 22 of the ’611                    failed to establish that the asserted                 Commission determined to review the
                                                patent and claims 7, 11–13, 15–18, 35,                  claims of the ’319 patent are invalid for             final ID in part. 82 FR 61792–94 (Dec.
                                                and 36 of the ’336 patent. Order No. 18;                obviousness. ID at 151–212. With                      29, 2017). Specifically, for the ’319


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                                                                             Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices                                                      13519

                                                patent the Commission determined to                     imported by or on behalf of                           document in the Federal Register on
                                                review (1) the ID’s finding that a                      Respondents or any of their affiliated                February 6, 2018, concerning a notice of
                                                combination of prior art references                     companies, parents, subsidiaries, agents,             application that inadvertently did not
                                                Doppelt, Jacobs, and Gilbert fail to                    or other related business entities, or                include the controlled substance
                                                render the asserted claims obvious; and                 their successors or assigns, are excluded             levorphanol (9220).
                                                (2) the ID’s finding that a combination                 from entry for consumption into the                   Correction
                                                of prior art references Matsuoka,                       United States, entry for consumption
                                                Doppelt, and Eckel fail to render the                   from a foreign-trade zone, or withdrawal                In the Federal Register on February 6,
                                                asserted claims obvious. For the ’336                   from a warehouse for consumption, for                 2018, in FR Doc No: 2018–02343 (83 FR
                                                patent the Commission determined to                     the remaining term of the ’319 patent                 5274), correct the table to include the
                                                review (1) the ID’s finding that claim 34               except under license of the patent                    following basic class of controlled
                                                recites ineligible patent subject matter                owner or as provided by law; and (2)                  substance:
                                                under 35 U.S.C. 101; and (2) the ID’s                   cease and desist orders prohibiting TTi
                                                finding that Pruessel, either alone or in                                                                           Controlled
                                                                                                        HK, TTi NA, One World, and OWT from                         substance            Drug code   Schedule
                                                combination with Koestler, fails to                     conducting any of the following
                                                render claim 34 obvious. The                            activities in the United States:                      Levorphanol ............        9220   II
                                                Commission requested the parties to                     Importing, selling, marketing,
                                                brief certain issues. Id. On January 5,                 advertising, distributing, transferring                 Dated: March 15, 2018.
                                                2018, the parties filed submissions to                  (except for exportation), and soliciting
                                                the Commission’s question and on                                                                              Susan A. Gibson,
                                                                                                        U.S. agents or distributors for, access
                                                remedy, the public interest, and                                                                              Deputy Assistant Administrator.
                                                                                                        control systems and components thereof
                                                bonding. See Complainant’s Response to                                                                        [FR Doc. 2018–06327 Filed 3–28–18; 8:45 am]
                                                                                                        covered by one or more of claims 1–4,
                                                Request for Written Submissions                         7–12, 15, and 16 of the ’319 patent.                  BILLING CODE 4410–09–P
                                                Regarding Issues Under Review;                             The Commission has also determined
                                                Respondents’ Response to Request for                    that the public interest factors
                                                Written Submissions Regarding Issues                    enumerated in section 337(d) and (f) (19              DEPARTMENT OF JUSTICE
                                                Under Review. On January 12, 2018, the                  U.S.C. 1337(d) and (f)) do not preclude               Drug Enforcement Administration
                                                parties filed reply submissions. See                    issuance of the limited exclusion order
                                                Complainant’s Reply to Respondents’                     or cease and desist orders. Finally, the              [Docket No. DEA–392]
                                                Submission Addressing the                               Commission has determined that a bond
                                                Commission’s December 22, 2017                          in the amount of zero is required to                  Importer of Controlled Substances
                                                Notice; Respondents’ Reply to                           permit temporary importation during                   Application: Fisher Clinical Services,
                                                Complainant’s Submission Regarding                                                                            Inc.
                                                                                                        the period of Presidential review (19
                                                Issues Under Review.                                    U.S.C. 1337(j)) of access control system
                                                   Having examined the record of this                                                                         ACTION:   Notice of application.
                                                                                                        and components thereof that are subject
                                                investigation, including the final ID, and              to the remedial orders. The                           DATES:  Registered bulk manufacturers of
                                                the parties’ submissions, for the ’319                  Commission’s orders and opinion were                  the affected basic classes and applicants
                                                patent the Commission has determined                    delivered to the President and to the                 therefore, may file written comments on
                                                to (1) affirm the ALJ’s finding that a                  United States Trade Representative on                 or objections to the issuance of the
                                                combination of prior art references                     the day of their issuance.                            proposed registration on or before April
                                                Doppelt, Jacobs, and Gilbert fail to                       The authority for the Commission’s                 30, 2018. Such persons may also file a
                                                render the asserted claims obvious and                  determination is contained in section                 written request for a hearing on the
                                                (2) affirm the ALJ’s finding that a                     337 of the Tariff Act of 1930, as                     application on or before April 30, 2018.
                                                combination of prior art references                     amended (19 U.S.C. 1337), and in Part
                                                Matsuoka, Doppelt, and Eckel fail to                                                                          ADDRESSES: Written comments should
                                                                                                        210 of the Commission’s Rules of                      be sent to: Drug Enforcement
                                                render the asserted claims obvious, but                 Practice and Procedure (19 CFR part
                                                reverse the ALJ’s finding that Eckel is                                                                       Administration, Attention: DEA Federal
                                                                                                        210).                                                 Register Representative/DRW, 8701
                                                analogous art. For the ’336 patent the
                                                Commission has determined to (1)                          By order of the Commission.                         Morrissette Drive, Springfield, Virginia
                                                affirm the ALJ’s finding that Pruessel,                   Issued: March 23, 2018.                             22152. All requests for hearing must be
                                                either alone or in combination with                     Katherine Hiner,                                      sent to: Drug Enforcement
                                                Koestler, fails to render claim 34                      Supervisory Attorney.                                 Administration, Attn: Administrator,
                                                obvious and (2) take no position on the                 [FR Doc. 2018–06293 Filed 3–28–18; 8:45 am]
                                                                                                                                                              8701 Morrissette Drive, Springfield,
                                                ALJ’s finding that claim 34 recites                                                                           Virginia 22152. All requests for hearing
                                                                                                        BILLING CODE 7020–02–P
                                                ineligible patent subject matter under 35                                                                     should also be sent to: (1) Drug
                                                U.S.C. 101. The Commission adopts the                                                                         Enforcement Administration, Attn:
                                                ID’s findings to the extent they are not                                                                      Hearing Clerk/LJ, 8701 Morrissette
                                                                                                        DEPARTMENT OF JUSTICE                                 Drive, Springfield, Virginia 22152; and
                                                inconsistent with the Commission
                                                opinion issued herewith.                                Drug Enforcement Administration                       (2) Drug Enforcement Administration,
                                                   Having found a violation of section                                                                        Attn: DEA Federal Register
                                                337 in this investigation, the                          [Docket No. DEA–392]                                  Representative/DRW, 8701 Morrissette
                                                                                                                                                              Drive, Springfield, Virginia 22152.
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                                                Commission has determined that the
                                                appropriate form of relief is: (1) A                    Bulk Manufacturer of Controlled
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                limited exclusion order prohibiting the                 Substances Application: Chattem                         The Attorney General has delegated
                                                unlicensed entry of access control                      Chemicals, Inc.                                       his authority under the Controlled
                                                systems and components thereof that                     ACTION:   Notice; Correction.                         Substances Act to the Administrator of
                                                infringe one or more of claims 1–4, 7–                                                                        the Drug Enforcement Administration
                                                12, 15, and 16 of the ’319 patent that are              SUMMARY: The Drug Enforcement                         (DEA), 28 CFR 0.100(b). Authority to
                                                manufactured by, or on behalf of, or are                Administration (DEA) published a                      exercise all necessary functions with


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Document Created: 2018-03-29 00:25:29
Document Modified: 2018-03-29 00:25:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactPanyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-3042. 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.
FR Citation83 FR 13517 

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