83 FR 3456 - Certain Mirrors With Internal Illumination and Components Thereof Issuance of a Limited Exclusion Order and Cease and Desist Order Directed Against the Defaulting Respondent; Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 17 (January 25, 2018)

Page Range		3456-3457
FR Document		2018-01318

Notice is hereby given that the U.S. International Trade Commission has terminated the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, and has issued a limited exclusion order directed against infringing products of the respondent Project Light, LLC (d/b/a Project Light, Inc., Prospetto Light, LLC, and/or Prospetto Lighting, LLC) of Stow, Ohio (``Project Light'' or ``the defaulting respondent'') previously found in default. The Commission has also issued a cease and desist order directed against the defaulting respondent.

Federal Register, Volume 83 Issue 17 (Thursday, January 25, 2018)

[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Notices]
[Pages 3456-3457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01318]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1055]


Certain Mirrors With Internal Illumination and Components Thereof 
Issuance of a Limited Exclusion Order and Cease and Desist Order 
Directed Against the Defaulting Respondent; Termination of 
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 terminated the above-captioned investigation under 
section 337 of the Tariff Act of 1930, as amended, and has issued a 
limited exclusion order directed against infringing products of the 
respondent Project Light, LLC (d/b/a Project Light, Inc., Prospetto 
Light, LLC, and/or Prospetto Lighting, LLC) of Stow, Ohio (``Project 
Light'' or ``the defaulting respondent'') previously found in default. 
The Commission has also issued a cease and desist order directed 
against the defaulting respondent.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 May 8, 2017, based on a complaint filed by Electric Mirror, LLC of 
Everett, Washington (``Electric Mirror'') and Kelvin 42 LLC of 
Pensacola, Florida (``Kelvin''). 82 FR 21405-06. The complaint, as 
amended, alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, by reason of infringement of certain claims 
of U.S. Patent Nos. 7,853,414 (``the '414 patent'') and 7,559,668 
(``the '668 patent''). The complaint further alleged the existence of a 
domestic industry. The Commission's notice of investigation named as 
respondents Project Light; Lumidesign Inc. of Ontario, Canada 
(``Lumidesign''); and Majestic Mirrors & Frame, LLC of Miami, Florida 
(``Majestic''). The complaint and notice of investigation were served 
on all respondents. See Notice of Investigation, Certificate of Service 
(May 2, 2017) (EDIS Document 610362). The Office of Unfair Import 
Investigations did not participate in the investigation.
    On July 10, 2017, the Commission determined not to review an 
initial determination (``ID'') (Order No. 6) issued by the presiding 
administrative law judge (``ALJ'') terminating the investigation as to 
complainant Kelvin, respondent Majestic, and the '668 patent based on 
withdrawal of those allegations in the complaint. On July 27, 2017, the 
Commission determined not to review the ALJ's ID (Order No. 8) 
terminating the investigation as to Lumidesign based on a settlement 
agreement.
    On August 3, 2017, the ALJ issued an ID (Order No. 10) finding 
Project Light in default, pursuant to 19 CFR 210.16, because this 
respondent did not respond to the complaint and notice of 
investigation, or to Order No. 9 to show cause why it should not be 
found in default. On August 22, 2017, the Commission determined not to 
review the ID finding Project Light in default. The Commission found 
that the statutory requirements of section 337(g)(1)(A)-(E) (19 U.S.C. 
1337(g)(1)(A)-(E)) were met with respect to Project Light. Accordingly, 
pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission 
rule 210.16(c) (19 CFR 210.16(c)), the Commission presumed the facts 
alleged in the complaint to be true.
    On the same date, the Commission requested public briefing on 
remedy, the public interest, and bonding with respect to Project Light. 
82 FR 43252-54 (Sept. 14, 2017). On September 5, 2017, Electric Light 
submitted responsive briefing including a proposed limited exclusion 
order directed to the covered products of Project Light and a cease and 
desist order directed to the defaulting respondent.
    The Commission has determined that the appropriate form of relief 
includes a limited exclusion order prohibiting the unlicensed entry of 
mirrors with internal illumination and components thereof that infringe 
one or more of claims 9 and 18 of the '414 patent, which are 
manufactured abroad by or on behalf of, or are imported by or on behalf 
of, Project Light, or any of its affiliated companies, parents, 
subsidiaries, licensees, contractors, or other related business 
entities, or their successors or assigns. Appropriate relief also 
includes a cease and desist order prohibiting Project Light from 
conducting any of the following activities in the United States: 
importing, selling, marketing, advertising, distributing, offering for

[[Page 3457]]

sale, transferring (except for exportation), and soliciting U.S. agents 
or distributors for mirrors with internal illumination and components 
thereof that infringe one or more of claims 9 and 18 of the '414 
patent. See Certain Electric Skin Care Devices, Brushes and Chargers 
Therefor, and Kits Containing the Same, Inv. No. 337-TA-959, Comm'n Op. 
(Feb. 13, 2017) (public version) (including Chairman Schmidtlein 
Separate views on issuing cease and desist orders governed by section 
337(g)(1)).
    The Commission has further determined that the public interest 
factors enumerated in sections 337(d), (f), and (g)(1) (19 U.S.C. 
1337(d), (f), and (g)(1)) do not preclude issuance of the limited 
exclusion order or the cease and desist order. Finally, the Commission 
has determined that a bond in the amount of 100 percent of the entered 
value of the covered products is required to permit temporary 
importation during the period of Presidential review (19 U.S.C. 
1337(j)). The Commission's orders were delivered to the President and 
to the United States Trade Representative on the day of their issuance.
    The Commission has terminated this investigation. 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 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01318 Filed 1-24-18; 8:45 am]
 BILLING CODE 7020-02-P

3456 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Notices

lands and accretions to the original ACTION: Notice. 2, 2017) (EDIS Document 610362). The
patent description. Office of Unfair Import Investigations
The parcel that is the subject of this SUMMARY: Notice is hereby given that did not participate in the investigation.
disclaimer application is claimed by the U.S. International Trade On July 10, 2017, the Commission
LaRue J. Rich and Violet B. Rich based Commission has terminated the above- determined not to review an initial
on the fact that they are the current captioned investigation under section determination (‘‘ID’’) (Order No. 6)
owners of the property immediately 337 of the Tariff Act of 1930, as issued by the presiding administrative
abutting the northerly boundary of the amended, and has issued a limited law judge (‘‘ALJ’’) terminating the
unsurveyed property. The adjacent exclusion order directed against investigation as to complainant Kelvin,
property owned by LaRue J. Rich and infringing products of the respondent respondent Majestic, and the ’668 patent
Violet B. Rich was obtained via a United Project Light, LLC (d/b/a Project Light, based on withdrawal of those
States patent that was issued on April Inc., Prospetto Light, LLC, and/or allegations in the complaint. On July 27,
12, 1928 (no. 1014619), to their Prospetto Lighting, LLC) of Stow, Ohio 2017, the Commission determined not
predecessor, Lafayette S. Rich, under (‘‘Project Light’’ or ‘‘the defaulting to review the ALJ’s ID (Order No. 8)
the authority of the Desert Land Act of respondent’’) previously found in terminating the investigation as to
March 3, 1877 (19 Stat. 377). The default. The Commission has also Lumidesign based on a settlement
unsurveyed parcel that is the subject of issued a cease and desist order directed agreement.
this disclaimer application abuts the against the defaulting respondent. On August 3, 2017, the ALJ issued an
patented property, and the application FOR FURTHER INFORMATION CONTACT: ID (Order No. 10) finding Project Light
states that the parcel has been used by Clint Gerdine, Esq., Office of the in default, pursuant to 19 CFR 210.16,
the Rich family as a part of their General Counsel, U.S. International because this respondent did not respond
property since the family first entered Trade Commission, 500 E Street SW, to the complaint and notice of
the area in 1895. Issuing a recordable Washington, DC 20436, telephone (202) investigation, or to Order No. 9 to show
disclaimer would clarify title to the 708–2310. Copies of non-confidential cause why it should not be found in
land. If no valid objection is received, a documents filed in connection with this default. On August 22, 2017, the
Disclaimer of Interest may be approved investigation are or will be available for Commission determined not to review
stating that the United States does not inspection during official business the ID finding Project Light in default.
have a valid interest in the above- hours (8:45 a.m. to 5:15 p.m.) in the The Commission found that the
described land. Office of the Secretary, U.S. statutory requirements of section
Comments, including names and International Trade Commission, 500 E 337(g)(1)(A)–(E) (19 U.S.C.
street addresses of commentors, will be Street SW, Washington, DC 20436, 1337(g)(1)(A)–(E)) were met with respect
available for public review at the BLM telephone (202) 205–2000. General to Project Light. Accordingly, pursuant
Idaho State Office (see ADDRESSES information concerning the Commission to section 337(g)(1) (19 U.S.C.
above), during regular business hours, 1337(g)(1)) and Commission rule
may also be obtained by accessing its
Monday through Friday, except Federal 210.16(c) (19 CFR 210.16(c)), the
internet server at http://www.usitc.gov.
holidays. Before including your address, Commission presumed the facts alleged
The public record for this investigation
phone number, email address, or other in the complaint to be true.
may be viewed on the Commission’s On the same date, the Commission
personal identifying information in your
electronic docket (EDIS) at http:// requested public briefing on remedy, the
comment, you should be aware that
edis.usitc.gov. Hearing-impaired public interest, and bonding with
your entire comment—including your
persons are advised that information on respect to Project Light. 82 FR 43252–
personal identifying information—may
this matter can be obtained by 54 (Sept. 14, 2017). On September 5,
be made publicly available at any time.
contacting the Commission’s TDD 2017, Electric Light submitted
While you can ask us in your comment
terminal on (202) 205–1810. responsive briefing including a
to withhold your personal identifying
information from public review, we SUPPLEMENTARY INFORMATION: The proposed limited exclusion order
cannot guarantee that we will be able to Commission instituted this investigation directed to the covered products of
do so. on May 8, 2017, based on a complaint Project Light and a cease and desist
filed by Electric Mirror, LLC of Everett, order directed to the defaulting
Authority: 43 CFR Subpart 1864.
Washington (‘‘Electric Mirror’’) and respondent.
James M. Fincher, Kelvin 42 LLC of Pensacola, Florida The Commission has determined that
Chief, Branch of Lands, Minerals and Water (‘‘Kelvin’’). 82 FR 21405–06. The the appropriate form of relief includes a
Rights. complaint, as amended, alleges limited exclusion order prohibiting the
[FR Doc. 2018–01322 Filed 1–24–18; 8:45 am] violations of section 337 of the Tariff unlicensed entry of mirrors with
BILLING CODE 4310–AK–P Act of 1930, as amended, 19 U.S.C. internal illumination and components
1337, by reason of infringement of thereof that infringe one or more of
certain claims of U.S. Patent Nos. claims 9 and 18 of the ’414 patent,
INTERNATIONAL TRADE 7,853,414 (‘‘the ’414 patent’’) and which are manufactured abroad by or on
COMMISSION 7,559,668 (‘‘the ’668 patent’’). The behalf of, or are imported by or on
complaint further alleged the existence behalf of, Project Light, or any of its
[Investigation No. 337–TA–1055] of a domestic industry. The affiliated companies, parents,
Commission’s notice of investigation subsidiaries, licensees, contractors, or
Certain Mirrors With Internal
named as respondents Project Light; other related business entities, or their
sradovich on DSK3GMQ082PROD with NOTICES

Illumination and Components Thereof
Lumidesign Inc. of Ontario, Canada successors or assigns. Appropriate relief
Issuance of a Limited Exclusion Order
(‘‘Lumidesign’’); and Majestic Mirrors & also includes a cease and desist order
and Cease and Desist Order Directed
Frame, LLC of Miami, Florida prohibiting Project Light from
Against the Defaulting Respondent;
(‘‘Majestic’’). The complaint and notice conducting any of the following
Termination of Investigation
of investigation were served on all activities in the United States:
AGENCY:U.S. International Trade respondents. See Notice of importing, selling, marketing,
Commission. Investigation, Certificate of Service (May advertising, distributing, offering for

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Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Notices 3457

sale, transferring (except for injunctive relief and recovery of this Justice Department website: https://
exportation), and soliciting U.S. agents response costs regarding the Mattiace www.justice.gov/enrd/consent-decrees.
or distributors for mirrors with internal Petrochemical Superfund Site in the We will provide a paper copy of the
illumination and components thereof City of Glen Cove, Nassau County, New proposed amended consent decree upon
that infringe one or more of claims 9 York (the ‘‘Site’’). The matter was written request and payment of
and 18 of the ’414 patent. See Certain originally resolved in 2003 when the reproduction costs. Please mail your
Electric Skin Care Devices, Brushes and United States entered into a Consent request and payment to: Consent Decree
Chargers Therefor, and Kits Containing Decree with 27 potentially responsible Library, U.S. DOJ—ENRD, P.O. Box
the Same, Inv. No. 337–TA–959, parties regarding the Site (the ‘‘2003 7611, Washington, DC 20044–7611.
Comm’n Op. (Feb. 13, 2017) (public Consent Decree’’). These parties were Please enclose a check or money order
version) (including Chairman joined by a 28th party, TRC Companies, for $9.50 (25 cents per page
Schmidtlein Separate views on issuing Inc. (‘‘TRC’’), which, though not a liable reproduction cost) payable to the United
cease and desist orders governed by party, agreed to be bound by the 2003 States Treasury.
section 337(g)(1)). Consent Decree and to perform the
remedy. The 2003 Consent Decree Jeffrey Sands,
The Commission has further
determined that the public interest required, among other things, that the Assistant Section Chief, Environmental
settlors implement portions of the Enforcement Section, Environment and
factors enumerated in sections 337(d), Natural Resources Division.
(f), and (g)(1) (19 U.S.C. 1337(d), (f), and remedial action selected by the U.S.
Environmental Protection Agency [FR Doc. 2018–01326 Filed 1–24–18; 8:45 am]
(g)(1)) do not preclude issuance of the
limited exclusion order or the cease and (‘‘EPA’’) in a 1991 record of decision BILLING CODE 4410–15–P

desist order. Finally, the Commission (‘‘1991 ROD’’) for the Site.
has determined that a bond in the On September 29, 2014, EPA issued
amount of 100 percent of the entered an amendment to the 1991 ROD, which,
NATIONAL SCIENCE FOUNDATION
value of the covered products is among other things, documented EPA’s
required to permit temporary decision regarding a modification to the Proposal Review Panel for Physics;
importation during the period of remedy to be implemented at the Site Notice of Meeting
Presidential review (19 U.S.C. 1337(j)). and identification of a new remedy to
The Commission’s orders were address remaining contaminated In accordance with the Federal
delivered to the President and to the groundwater and soil gas at the Site. Advisory Committee Act (Pub. L. 92–
United States Trade Representative on The proposed amendment to the 2003 463, as amended), the National Science
the day of their issuance. Consent Decree, which was lodged with Foundation (NSF) announces the
The Commission has terminated this the Court on January 9, 2018, modifies following meeting:
investigation. The authority for the the 2003 Consent Decree to make it Name and Committee Code: Proposal
Commission’s determination is consistent with the amended ROD. Review Panel for the Division of Physics
Specifically, it will substitute the (1208)—University of Utah Site Visit.
contained in section 337 of the Tariff
amended ROD for the 2003 ROD; will Date and Time: February 20, 2018; 8:30
Act of 1930, as amended, 19 U.S.C. a.m.–6:00 p.m., February 21, 2018; 8:30 a.m.–
1337, and in part 210 of the substitute a new statement of work for
the original statement of work; and will 3:00 p.m.
Commission’s Rules of Practice and Place: University of Utah, Salt Lake City,
Procedure, 19 CFR part 210. include updates to the Site history,
UT 84112.
definitions and internal references. TRC Type of Meeting: Part-Open.
By order of the Commission. will continue to perform the work, as a Contact Person: Jean Cottam-Allen,
Issued: January 19, 2018. signatory with the settling defendants. Program Director for Physics Frontier
Lisa R. Barton, The publication of this notice opens Centers, Division of Physics, National
Secretary to the Commission. a period for public comment on the Science Foundation, 2415 Eisenhower
[FR Doc. 2018–01318 Filed 1–24–18; 8:45 am] proposed Amendment to the 2003 Avenue, Room W9217, Alexandria, VA
Consent Decree. Comments should be 22314; Telephone: (703) 292–8783.
BILLING CODE 7020–02–P
addressed to the Assistant Attorney Purpose of Meeting: Site visit to provide an
General, Environment and Natural evaluation of the progress of the projects at
the host site for the Division of Physics at the
DEPARTMENT OF JUSTICE Resources Division, and should refer to
National Science Foundation.
United States, et al. v. Mattiace
Notice of Lodging of Proposed Industries, Inc., et al., Civil Action No. Agenda
Amendment to a Consent Decree 03–1011, D.J. Ref. No. 90–11–3–07234. February 20, 2018; 8:30 a.m.–6:00 p.m.
Under the Comprehensive All comments must be submitted no
08:30 a.m.–09:30 a.m. Greetings and
Environmental Response, later than 30 days after the publication introductions
Compensation, and Liability Act date of this notice. Comments may be 09:30 a.m.–10:15 a.m. P. Sokolsky
submitted either by email or by mail: (composition, anistotropy, sFLASH)
On January 9, 2018, the Department of 10:15 a.m.–10:30 a.m. Break
Justice lodged a proposed amendment to To submit 10:30 a.m.–12:00 p.m. D. Bergman and G.
Send them to:
the 2003 consent decree with the United comments: Thomson presentations
States District Court for the Eastern 12:00 p.m.–1:00 p.m. Lunch (panel meets
By e-mail ...... pubcomment-ees.enrd@ with students and post docs)
District of New York in the lawsuit
usdoj.gov. 1:00 p.m.–2:15 p.m. J. Betz and C. Jui
entitled United States, et al. v. Mattiace
sradovich on DSK3GMQ082PROD with NOTICES

By mail ......... Assistant Attorney General, presentations
Industries, Inc., et al., Civil Action No. U.S. DOJ—ENRD, P.O. 2:15 p.m.–2:30 p.m. Break
03–1011. Box 7611, Washington, DC 2:30 p.m.–4:00 p.m. J. Calahan and C. Jui
In that action, the United States 20044–7611. discussions and Thomson (summary)
sought, pursuant to the Comprehensive 4:00 p.m.–5:00 p.m. Panel meeting and
Environmental Response, During the public comment period, questions on experiments
Compensation, and Liability Act the proposed amended consent decree 5:00 p.m.–6:00 p.m. Poster Session (Greg,
(‘‘CERCLA’’), 42 U.S.C. 9601, et seq., may be examined and downloaded at Jackson, JiHee, Jon Paul and Bill)

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Document Created: 2018-01-25 08:50:34
Document Modified: 2018-01-25 08:50:34

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2310. 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 at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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 Citation		83 FR 3456