83 FR 45681 - Certain Wireless Mesh Networking Products and Related Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

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

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 3, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of SIPCO LLC of Ashburn, Virginia. A supplement was filed on August 16, 2018. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless mesh networking products and related components thereof by reason of infringement of certain claims of U.S. Patent No. 6,914,893 (``the '893 patent''); U.S. Patent No. 7,103,511 (``the '511 patent''); U.S. Patent No. 8,964,708 (``the '708 patent''); and U.S. Patent No. 9,439,126 (``the '126 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45681-45682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19587]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1131]


Certain Wireless Mesh Networking Products and Related Components 
Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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[[Page 45682]]

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 3, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of SIPCO LLC of 
Ashburn, Virginia. A supplement was filed on August 16, 2018. The 
complaint alleges violations of section 337 based upon the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain wireless mesh networking 
products and related components thereof by reason of infringement of 
certain claims of U.S. Patent No. 6,914,893 (``the '893 patent''); U.S. 
Patent No. 7,103,511 (``the '511 patent''); U.S. Patent No. 8,964,708 
(``the '708 patent''); and U.S. Patent No. 9,439,126 (``the '126 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, The Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 4, 2018, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-4, 10, and 19-25 of the '893 patent; claims 1-4, 8-11, 33-35, 
44-47, and 56-58 of the '511 patent; claims 1, 2, 5, 8-10, and 16-20 of 
the '708 patent; and claims 1-12 of the '126 patent; and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``wireless mesh 
networking gateways, input/output cards, remote devices, transceivers, 
network managers, system-on-chip nodes, printed circuit boards, circuit 
components, batteries, and field communicator devices'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: SIPCO LLC, 20638 Duxbury Terrace, Ashburn, 
Virginia 20147.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Emerson Electric Co., 8000 W Florissant Ave., St. Louis, MO 63136
Emerson Process Management LLLP, 8000 Norman Center Drive, Suite 1200, 
Bloomington, MN 55437
Emerson Process Management Asia Pacific Private Limited, 1 Pandan 
Crescent, Singapore, 128461, Singapore
Emerson Process Management Manufacturing (M) Sdn. Bhd., Lot 13111-Mukim 
Labu, Kawasan, Perindustrian Nilai, Nilai, Negeri Sembilan, 71807, 
Malaysia
Fisher-Rosemount Systems, Inc., 1100 W Louis Henna Blvd., Bldg. 1, 
Round Rock, TX 78681
Rosemount Inc., 6021 Innovation Blvd., Shakopee, MN 55379
Analog Devices, Inc., One Technology Way, Norwood, MA 02062
Linear Technology LLC, 1630 McCarthy Blvd., Milpitas, CA 95035
Dust Networks, Inc., 32990 Alvarado Niles Road, Suite 910, Union City, 
California 94587
Tadiran Batteries Inc., 2001 Marcus Avenue, Suite 125E, Lake Success, 
NY 11040
Tadiran Batteries Ltd., 34 Itzhak Rabin Blvd., Kiryat Ekron, 7692000, 
Israel

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: September 5, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-19587 Filed 9-7-18; 8:45 am]
 BILLING CODE 7020-02-P