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)

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, 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