83 FR 45676 - Certain Access Control Systems and Components Thereof; Notice of Institution of Modification Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range		45676-45677
FR Document		2018-19498

Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the above-captioned investigation.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018)

[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45676-45677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19498]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1016 (Modification Proceeding)]


Certain Access Control Systems and Components Thereof; Notice of 
Institution of Modification Proceeding

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 determined to institute a modification proceeding in the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2382. 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 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 August 3, 2016, based on a Complaint filed by the Chamberlain Group 
(``Complainant'' or ``Chamberlain'') of Elmhurst, Illinois. 81 FR 52713 
(Aug. 9, 2016). The Complaint alleged that Respondents were violating 
Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``Section 337''), by importing, selling for importation, or selling in 
the United States after importation garage door opener products 
(``GDOs'') that infringe certain claims of U.S. Patent No. 7,161,319 
(``the '319 patent''), U.S. Patent No. 7,196,611 (``the '611 patent''), 
and U.S. Patent No. 7,339,336 (``the '336 patent''). The '319 patent is 
the only patent at issue for purposes of the present petition for a 
modification proceeding. The asserted claims of the '611 and certain 
claims of the '336 patent were previously terminated. Notice (Mar. 20, 
2017) (see Order No.

[[Page 45677]]

18); Notice (May 31, 2017) (see Order No. 28). The remaining claims of 
the '336 patent were found to be not infringed. 83 FR 13517, 13519 
(March 29, 2018).
    The Commission's Notice of Investigation named Techtronic 
Industries Co., Techtronic Industries North America, Inc., One World 
Technologies, Inc., and OWT Industries, Inc., and ET Technology (Wuxi) 
Co. (collectively ``Respondents'' or ``Techtronic'') among the 
Respondents. Ryobi Technologies, Inc. was initially named as a 
Respondent, but was later terminated from this investigation on an 
unopposed motion. Notice (Nov. 7, 2016) (see Order No. 6). The Office 
of Unfair Import Investigations is not a party to the investigation.
    On July 12-13, 2017, the ALJ held an evidentiary hearing on 
infringement, invalidity, domestic industry, and remedy with respect to 
the remaining '319 patent. On October 23, 2017, the ALJ issued his 
final initial determination (``ID''), in which he found the '319 patent 
claims were not obvious and were infringed by Respondents' accused 
GDOs. 83 FR at 13518 (discussing ID at 130-41, 144, 151-212). The 
Commission determined not to review the ALJ's infringement 
determination but limited its review to obviousness. 82 FR 61792 (Dec. 
29, 2017). The Commission ultimately affirmed the ALJ's findings that 
the '319 patent claims were not obvious and Respondents were violating 
Section 337 by way of infringement, and entered limited exclusion order 
(``LEO'') and cease-and-desist orders (``CDOs'') with certification 
provisions. 83 FR at 13517, 13519; Commission Opinion at 1-2, 13-31, 
35-36 (Mar. 23, 2018). The President did not disapprove of the 
Commission's remedial orders. The Commission's final determination is 
presently on appeal to the Federal Circuit.
    On August 2, 2018, Respondents filed a petition with the Commission 
to institute a modification proceeding to determine whether their 
allegedly redesigned garage door opener products infringe the '319 
patent that is the subject of the remedial orders issued in this 
investigation and for modification of those remedial orders to specify 
the status of those redesigned products. On August 13, 2018, 
Complainant filed its opposition to this Petition. On August 22, 2018, 
Respondents filed a reply in support of their petition with an 
accompanying motion for leave to file a reply. On August 30, 2018, 
Respondents filed a motion for leave to file a second supplement to 
their petition for a modification proceeding.
    The Commission has determined that Respondents' petition complies 
with the requirements for institution of a modification proceeding 
pursuant to Commission Rule 210.76. Accordingly, the Commission has 
determined to institute a modification proceeding and has delegated the 
proceeding to the Chief Administrative Law Judge to designate a 
presiding Administrative Law Judge. The presiding ALJ shall submit a 
recommended determination within six (6) months after publication of 
notice of this Order in the Federal Register. Chamberlain and 
Techtronic are named as parties to this proceeding. The Commission has 
further determined to deny Respondents' motion for leave to file a 
reply and Respondents' motion for leave to file a second supplement to 
their original petition.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: September 4, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-19498 Filed 9-7-18; 8:45 am]
BILLING CODE 7020-02-P

45676 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

ADDRESSES: Dr. Pamela Endzweig, Pima-Maricopa. The Pima-Maricopa are INTERNATIONAL TRADE
Director of Collections, Museum of represented today by the Salt River COMMISSION
Natural and Cultural History, 1224 Pima-Maricopa Indian Community of
[Investigation No. 337–TA–1016
University of Oregon, Eugene, OR the Salt River Reservation, Arizona. (Modification Proceeding)]
97403–1224, telephone (541) 346–5120,
email endzweig@uoregon.edu. Determinations Made by the University
Certain Access Control Systems and
SUPPLEMENTARY INFORMATION: Notice is of Oregon Museum of Natural and
Components Thereof; Notice of
here given in accordance with the Cultural History
Institution of Modification Proceeding
Native American Graves Protection and Officials of the University of Oregon
Repatriation Act (NAGPRA), 25 U.S.C. AGENCY: U.S. International Trade
Museum of Natural and Cultural History Commission.
3003, of the completion of an inventory
of human remains and associated have determined that:
ACTION: Notice.
funerary objects under the control of the • Pursuant to 25 U.S.C. 3001(9), the
University of Oregon Museum of human remains described in this notice SUMMARY: Notice is hereby given that
Natural and Cultural History, Eugene, represent the physical remains of two the U.S. International Trade
OR. The human remains and associated individuals of Native American Commission has determined to institute
funerary objects were removed from ancestry. a modification proceeding in the above-
Phoenix, Maricopa County, AZ. captioned investigation.
• Pursuant to 25 U.S.C. 3001(3)(A),
This notice is published as part of the FOR FURTHER INFORMATION CONTACT: Carl
the 28 objects described in this notice
National Park Service’s administrative P. Bretscher, Office of the General
responsibilities under NAGPRA, 25 are reasonably believed to have been
Counsel, U.S. International Trade
U.S.C. 3003(d)(3). The determinations in placed with or near individual human
Commission, 500 E Street SW,
this notice are the sole responsibility of remains at the time of death or later as
Washington, DC 20436, telephone 202–
the museum, institution, or Federal part of the death rite or ceremony. 205–2382. Copies of non-confidential
agency that has control of the Native • Pursuant to 25 U.S.C. 3001(2), there documents filed in connection with this
American human remains and is a relationship of shared group investigation are or will be available for
associated funerary objects. The identity that can be reasonably traced inspection during official business
National Park Service is not responsible between the Native American human hours (8:45 a.m. to 5:15 p.m.) in the
for the determinations in this notice. remains and associated funerary objects Office of the Secretary, U.S.
Consultation and the Salt River Pima-Maricopa International Trade Commission, 500 E
Indian Community of the Salt River Street SW, Washington, DC 20436,
A detailed assessment of the human telephone (202) 205–2000. General
remains was made by the University of Reservation, Arizona.
information concerning the Commission
Oregon Museum of Natural and Cultural Additional Requestors and Disposition may also be obtained by accessing its
History professional staff in internet server at https://www.usitc.gov.
consultation with representatives of the Lineal descendants or representatives
The public record for this investigation
Salt River Pima-Maricopa Indian of any Indian Tribe or Native Hawaiian
may be viewed on the Commission’s
Community of the Salt River organization not identified in this notice electronic docket (EDIS) at https://
Reservation, Arizona. that wish to request transfer of control edis.usitc.gov. Hearing-impaired
History and Description of the Remains of these human remains and associated persons are advised that information on
funerary objects should submit a written this matter can be obtained by
In 1925, human remains representing, request with information in support of
at minimum, two individuals were contacting the Commission’s TDD
the request to Dr. Pamela Endzweig, terminal on (202) 205–1810.
removed from a location in Phoenix in
Director of Collections, Museum of SUPPLEMENTARY INFORMATION: The
Maricopa, AZ. In 1984 the human
remains were donated to the museum by Natural and Cultural History, 1224 Commission instituted this investigation
a private party and accessioned into the University of Oregon, Eugene, OR on August 3, 2016, based on a
collection (museum cat. #11–571). The 97403–1224, telephone (541) 346–5120, Complaint filed by the Chamberlain
human remains consist of two email endzweig@uoregon.edu, by Group (‘‘Complainant’’ or
individuals, an adult and a child. No October 10, 2018. After that date, if no ‘‘Chamberlain’’) of Elmhurst, Illinois. 81
known individuals were identified. additional requestors have come FR 52713 (Aug. 9, 2016). The Complaint
According to the accession records, the forward, transfer of control of the alleged that Respondents were violating
28 associated funerary objects were human remains and associated funerary Section 337 of the Tariff Act of 1930, as
contained in a ceramic jug. The objects to the Salt River Pima-Maricopa amended, 19 U.S.C. 1337 (‘‘Section
associated funerary objects include: One Indian Community of the Salt River 337’’), by importing, selling for
ceramic jug, one bone bead, two bone Reservation, Arizona, may proceed. importation, or selling in the United
bead fragments, one bone effigy, two The University of Oregon Museum of States after importation garage door
bone awls, two drilled pieces of animal Natural and Cultural History is opener products (‘‘GDOs’’) that infringe
bone, one piece of deer bone, 17 disc certain claims of U.S. Patent No.
responsible for notifying the Salt River
beads with cloth, and one projectile 7,161,319 (‘‘the ’319 patent’’), U.S.
Pima-Maricopa Indian Community of
point. Patent No. 7,196,611 (‘‘the ’611 patent’’),
the Salt River Reservation, Arizona, that
Historical documents, ethnographic and U.S. Patent No. 7,339,336 (‘‘the ’336
daltland on DSKBBV9HB2PROD with NOTICES

sources, and oral history indicate that this notice has been published. patent’’). The ’319 patent is the only
the Pima-Maricopa people have Dated: August 3, 2018. patent at issue for purposes of the
occupied the Phoenix area since Melanie O’Brien, present petition for a modification
precontact times. Based on Manager, National NAGPRA Program. proceeding. The asserted claims of the
archeological context, the two [FR Doc. 2018–19535 Filed 9–7–18; 8:45 am]
’611 and certain claims of the ’336
individuals above were determined to patent were previously terminated.
BILLING CODE 4312–52–P
be of Native American ancestry and Notice (Mar. 20, 2017) (see Order No.

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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45677

18); Notice (May 31, 2017) (see Order The Commission has determined that may be carried over to the agenda of the
No. 28). The remaining claims of the Respondents’ petition complies with the following meeting.
’336 patent were found to be not requirements for institution of a By order of the Commission.
infringed. 83 FR 13517, 13519 (March modification proceeding pursuant to Issued: September 5, 2018.
29, 2018). Commission Rule 210.76. Accordingly,
William Bishop,
The Commission’s Notice of the Commission has determined to
institute a modification proceeding and Supervisory Hearings and Information
Investigation named Techtronic Officer.
Industries Co., Techtronic Industries has delegated the proceeding to the
[FR Doc. 2018–19704 Filed 9–6–18; 4:15 pm]
North America, Inc., One World Chief Administrative Law Judge to
designate a presiding Administrative BILLING CODE 7020–02–P
Technologies, Inc., and OWT Industries,
Inc., and ET Technology (Wuxi) Co. Law Judge. The presiding ALJ shall
(collectively ‘‘Respondents’’ or submit a recommended determination
INTERNATIONAL TRADE
‘‘Techtronic’’) among the Respondents. within six (6) months after publication
COMMISSION
Ryobi Technologies, Inc. was initially of notice of this Order in the Federal
named as a Respondent, but was later Register. Chamberlain and Techtronic Notice of Receipt of Complaint;
terminated from this investigation on an are named as parties to this proceeding. Solicitation of Comments Relating to
unopposed motion. Notice (Nov. 7, The Commission has further determined the Public Interest
2016) (see Order No. 6). The Office of to deny Respondents’ motion for leave
Unfair Import Investigations is not a to file a reply and Respondents’ motion AGENCY: U.S. International Trade
party to the investigation. for leave to file a second supplement to Commission.
On July 12–13, 2017, the ALJ held an their original petition. ACTION: Notice.
evidentiary hearing on infringement, The authority for the Commission’s
invalidity, domestic industry, and determination is contained in section SUMMARY: Notice is hereby given that
remedy with respect to the remaining 337 of the Tariff Act of 1930, as the U.S. International Trade
’319 patent. On October 23, 2017, the amended (19 U.S.C. 1337), and in part Commission has received a complaint
ALJ issued his final initial 210 of the Commission’s Rules of entitled Certain Strength-Training
determination (‘‘ID’’), in which he found Practice and Procedure (19 CFR part Systems and Components Thereof, DN
the ’319 patent claims were not obvious 210). 3338; the Commission is soliciting
and were infringed by Respondents’ comments on any public interest issues
By order of the Commission.
accused GDOs. 83 FR at 13518 raised by the complaint or
Issued: September 4, 2018. complainant’s filing pursuant to the
(discussing ID at 130–41, 144, 151–212). Lisa R. Barton,
The Commission determined not to Commission’s Rules of Practice and
Secretary to the Commission. Procedure.
review the ALJ’s infringement
[FR Doc. 2018–19498 Filed 9–7–18; 8:45 am]
determination but limited its review to FOR FURTHER INFORMATION CONTACT: Lisa
BILLING CODE 7020–02–P
obviousness. 82 FR 61792 (Dec. 29, R. Barton, Secretary to the Commission,
2017). The Commission ultimately U.S. International Trade Commission,
affirmed the ALJ’s findings that the ’319 500 E Street SW, Washington, DC
INTERNATIONAL TRADE
patent claims were not obvious and 20436, telephone (202) 205–2000. The
COMMISSION
Respondents were violating Section 337 public version of the complaint can be
by way of infringement, and entered [USITC SE–18–042] accessed on the Commission’s
limited exclusion order (‘‘LEO’’) and Electronic Document Information
cease-and-desist orders (‘‘CDOs’’) with Government in the Sunshine Act System (EDIS) at https://edis.usitc.gov,
certification provisions. 83 FR at 13517, Meeting Notice and will be available for inspection
13519; Commission Opinion at 1–2, 13– during official business hours (8:45 a.m.
AGENCY HOLDING THE MEETING: United
31, 35–36 (Mar. 23, 2018). The President to 5:15 p.m.) in the Office of the
States International Trade Commission.
did not disapprove of the Commission’s Secretary, U.S. International Trade
TIME AND DATE: September 18, 2018 at Commission, 500 E Street SW,
remedial orders. The Commission’s final
determination is presently on appeal to 9:30 a.m. Washington, DC 20436, telephone (202)
the Federal Circuit. PLACE: Room 101, 500 E Street SW, 205–2000.
On August 2, 2018, Respondents filed Washington, DC 20436, Telephone: General information concerning the
a petition with the Commission to (202) 205–2000. Commission may also be obtained by
institute a modification proceeding to STATUS: Open to the public. accessing its internet server at United
determine whether their allegedly MATTERS TO BE CONSIDERED: States International Trade Commission
redesigned garage door opener products 1. Agendas for future meetings: None. (USITC) at https://www.usitc.gov. The
infringe the ’319 patent that is the 2. Minutes. public record for this investigation may
subject of the remedial orders issued in 3. Ratification List. be viewed on the Commission’s
this investigation and for modification 4. Vote on Inv. Nos. 701–TA–586 and Electronic Document Information
of those remedial orders to specify the 731–TA–1384 (Final)(Stainless System (EDIS) at https://edis.usitc.gov.
status of those redesigned products. On Steel Flanges from India). The Hearing-impaired persons are advised
August 13, 2018, Complainant filed its Commission is currently scheduled that information on this matter can be
opposition to this Petition. On August to complete and file its obtained by contacting the
daltland on DSKBBV9HB2PROD with NOTICES

22, 2018, Respondents filed a reply in determinations and views of the Commission’s TDD terminal on (202)
support of their petition with an Commission by September 28, 205–1810.
accompanying motion for leave to file a 2018. SUPPLEMENTARY INFORMATION: The
reply. On August 30, 2018, Respondents 5. Outstanding action jackets: None. Commission has received a complaint
filed a motion for leave to file a second In accordance with Commission and a submission pursuant to § 210.8(b)
supplement to their petition for a policy, subject matter listed above, not of the Commission’s Rules of Practice
modification proceeding. disposed of at the scheduled meeting, and Procedure filed on behalf of Hoist

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Document Created: 2018-09-08 00:42:22
Document Modified: 2018-09-08 00:42:22

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		Carl P. Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-2382. 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 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 Citation		83 FR 45676