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)
Federal Register Volume 83, Issue 175 (September 10, 2018)
| Page Range | 45681-45682 | |
| FR Document | 2018-19587 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- [[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
![Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45681
Accordingly, the Commission is to the public interest, the Commission Persons with questions regarding filing
interested in receiving written requests briefing on the following should contact the Secretary (202–205–
submissions that address the form of issues: 2000).
remedy, if any, that should be ordered. (1) Please comment on the availability Any person desiring to submit a
If a party seeks exclusion of an article of similar products from suppliers other document to the Commission in
from entry into the United States for than Hytera or Motorola (including confidence must request confidential
purposes other than entry for market share of these other sources) that treatment. All such requests should be
consumption, the party should so can perform ‘‘mission-critical’’ two-way directed to the Secretary of the
indicate and provide information radio communication. Commission and must include a full
establishing that activities involving (2) With respect to (1), please statement of the reasons why the
other types of entry either are adversely comment on whether such alternative Commission should grant such
affecting it or likely to do so. For suppliers also provide the same features treatment. See 19 CFR 201.6. Documents
background, see In the Matter of Certain that Hytera’s products provide (e.g., for which confidential treatment by the
Devices for Connecting Computers via unique pseudo trunking, noise Commission is properly sought will be
Telephone Lines, Inv. No. 337–TA–360, cancellation, ‘‘man down’’ feature, treated accordingly. A redacted non-
USITC Pub. No. 2843 (December 1994) ‘‘lone worker’’ feature) as well as confidential version of the document
(Commission Opinion). whether Motorola’s products provide must also be filed simultaneously with
When the Commission contemplates the same features as Hytera’s products. any confidential filing. All information,
some form of remedy, it must consider Also please address the interoperability including confidential business
the effects of that remedy upon the of various suppliers’ products in two- information and documents for which
public interest. The factors the way radio communication systems. confidential treatment is properly
Commission will consider include the (3) Please comment on the extent to sought, submitted to the Commission for
effect that an exclusion order and/or which a distributor of Motorola two-way purposes of this Investigation may be
cease and desist orders would have on radio communication products must disclosed to and used: (i) By the
(1) the public health and welfare, (2) offer only Motorola products, or Commission, its employees and Offices,
competitive conditions in the U.S. whether such a distributor can also offer
and contract personnel (a) for
economy, (3) U.S. production of articles two-way radio communication
developing or maintaining the records
that are like or directly competitive with equipment and products from other
of this or a related proceeding, or (b) in
those that are subject to investigation, suppliers.
(4) Please comment on whether any internal investigations, audits, reviews,
and (4) U.S. consumers. The and evaluations relating to the
Commission is therefore interested in potential exclusion order and/or cease
and desist order should include a programs, personnel, and operations of
receiving written submissions that the Commission including under 5
address the aforementioned public repair/service exception regarding
service to existing Hytera two-way radio U.S.C. Appendix 3; or (ii) by U.S.
interest factors in the context of this government employees and contract
investigation. communications products that were
sold prior to the effective date of any personnel,1 solely for cybersecurity
When the Commission orders some
such order. If you advocate for such an purposes. All non-confidential written
form of remedy, the U.S. Trade
exception, please address the submissions will be available for public
Representative, as delegated by the
appropriate parameters of such an inspection at the Office of the Secretary.
President, has 60 days to approve or
exception, and provide proposed The authority for the Commission’s
disapprove the Commission’s action.
language. determination is contained in section
See section 337(j), 19 U.S.C. 1337(j) and
The written submissions and 337 of the Tariff Act of 1930, as
the Presidential Memorandum of July
21, 2005. 70 FR 43251 (July 26, 2005). proposed remedial orders must be filed amended, 19 U.S.C. 1337, and in part
During this period, the subject articles no later than September 18, 2018. Reply 210 of the Commission’s Rules of
would be entitled to enter the United submissions must be filed no later than Practice and Procedure, 19 CFR part
States under bond, in an amount September 25, 2018. No further 210.
determined by the Commission. The submissions on these issues will be By order of the Commission.
Commission is therefore interested in permitted unless otherwise ordered by Issued: September 4, 2018.
receiving submissions concerning the the Commission. In addressing the Lisa R. Barton,
amount of the bond that should be issues on violation, the parties are Secretary to the Commission.
imposed if a remedy is ordered. limited to 25 pages for the initial [FR Doc. 2018–19499 Filed 9–7–18; 8:45 am]
Written Submissions: Parties to the submission and 15 pages for the reply
BILLING CODE 7020–02–P
investigation, interested government submission.
agencies, and any other interested Persons filing written submissions
parties are encouraged to file written must file the original document INTERNATIONAL TRADE
submissions on the issues of remedy, electronically on or before the deadlines COMMISSION
the public interest, and bonding, and stated above and submit eight true paper
such submissions should address the copies to the Office of the Secretary by [Investigation No. 337–TA–1131]
recommended determination by the ALJ noon the next day pursuant to section
on remedy and bonding. Complainant is 210.4(f) of the Commission’s Rules of Certain Wireless Mesh Networking
also requested to submit proposed Practice and Procedure (19 CFR Products and Related Components
remedial orders for the Commission’s 210.4(f)). Submissions should refer to Thereof; Institution of Investigation
daltland on DSKBBV9HB2PROD with NOTICES
consideration. Complainant is also the investigation number (‘‘Inv. No. AGENCY: U.S. International Trade
requested to: (1) State the dates that the 337–TA–1053’’) in a prominent place on Commission.
patents at issue expire and the HTSUS the cover page and/or the first page. (See
numbers under which the accused Handbook for Electronic Filing ACTION: Notice.
articles are imported; and (2) supply a Procedures, http://www.usitc.gov/
list of known importers of the accused secretary/fed_reg_notices/rules/ 1 All contract personnel will sign appropriate
products. Also specifically, with respect handbook_on_electronic_filing.pdf). nondisclosure agreements.
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![45682 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
SUMMARY: Notice is hereby given that a International Trade Commission, on Dust Networks, Inc., 32990 Alvarado
complaint was filed with the U.S. September 4, 2018, ordered that— Niles Road, Suite 910, Union City,
International Trade Commission on (1) Pursuant to subsection (b) of California 94587
August 3, 2018, under section 337 of the section 337 of the Tariff Act of 1930, as
Tadiran Batteries Inc., 2001 Marcus
Tariff Act of 1930, as amended, on amended, an investigation be instituted
Avenue, Suite 125E, Lake Success,
behalf of SIPCO LLC of Ashburn, to determine whether there is a
violation of subsection (a)(1)(B) of NY 11040
Virginia. A supplement was filed on
August 16, 2018. The complaint alleges section 337 in the importation into the Tadiran Batteries Ltd., 34 Itzhak Rabin
violations of section 337 based upon the United States, the sale for importation, Blvd., Kiryat Ekron, 7692000, Israel
importation into the United States, the or the sale within the United States after (4) For the investigation so instituted,
sale for importation, and the sale within importation of certain products
the Chief Administrative Law Judge,
the United States after importation of identified in paragraph (2) by reason of
U.S. International Trade Commission,
certain wireless mesh networking infringement of one or more of claims
1–4, 10, and 19–25 of the ’893 patent; shall designate the presiding
products and related components
claims 1–4, 8–11, 33–35, 44–47, and 56– Administrative Law Judge.
thereof by reason of infringement of
certain claims of U.S. Patent No. 58 of the ’511 patent; claims 1, 2, 5, 8– The Office of Unfair Import
6,914,893 (‘‘the ’893 patent’’); U.S. 10, and 16–20 of the ’708 patent; and Investigations will not be named as a
Patent No. 7,103,511 (‘‘the ’511 patent’’); claims 1–12 of the ’126 patent; and party to this investigation.
U.S. Patent No. 8,964,708 (‘‘the ’708 whether an industry in the United Responses to the complaint and the
patent’’); and U.S. Patent No. 9,439,126 States exists as required by subsection notice of investigation must be
(‘‘the ’126 patent’’). The complaint (a)(2) of section 337; submitted by the named respondents in
further alleges that an industry in the (2) Pursuant to section 210.10(b)(1) of
accordance with section 210.13 of the
United States exists as required by the the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the Commission’s Rules of Practice and
applicable Federal Statute. Procedure, 19 CFR 210.13. Pursuant to
The complainant requests that the plain language description of the
accused products or category of accused 19 CFR 201.16(e) and 210.13(a), such
Commission institute an investigation responses will be considered by the
and, after the investigation, issue a products, which defines the scope of the
investigation, is ‘‘wireless mesh Commission if received not later than 20
limited exclusion order and cease and
networking gateways, input/output days after the date of service by the
desist orders.
cards, remote devices, transceivers, Commission of the complaint and the
ADDRESSES: The complaint, except for notice of investigation. Extensions of
network managers, system-on-chip
any confidential information contained nodes, printed circuit boards, circuit time for submitting responses to the
therein, is available for inspection components, batteries, and field complaint and the notice of
during official business hours (8:45 a.m. communicator devices’’; investigation will not be granted unless
to 5:15 p.m.) in the Office of the (3) For the purpose of the good cause therefor is shown.
Secretary, U.S. International Trade investigation so instituted, the following
Commission, 500 E Street SW, Room Failure of a respondent to file a timely
are hereby named as parties upon which response to each allegation in the
112, Washington, DC 20436, telephone this notice of investigation shall be
(202) 205–2000. Hearing impaired complaint and in this notice may be
served:
individuals are advised that information (a) The complainant is: SIPCO LLC, deemed to constitute a waiver of the
on this matter can be obtained by 20638 Duxbury Terrace, Ashburn, right to appear and contest the
contacting the Commission’s TDD Virginia 20147. allegations of the complaint and this
terminal on (202) 205–1810. Persons (b) The respondents are the following notice, and to authorize the
with mobility impairments who will entities alleged to be in violation of administrative law judge and the
need special assistance in gaining access section 337, and are the parties upon Commission, without further notice to
to the Commission should contact the which the complaint is to be served: the respondent, to find the facts to be as
Office of the Secretary at (202) 205– Emerson Electric Co., 8000 W Florissant alleged in the complaint and this notice
2000. General information concerning Ave., St. Louis, MO 63136 and to enter an initial determination
the Commission may also be obtained Emerson Process Management LLLP, and a final determination containing
by accessing its internet server at 8000 Norman Center Drive, Suite such findings, and may result in the
https://www.usitc.gov. The public 1200, Bloomington, MN 55437 issuance of an exclusion order or a cease
record for this investigation may be Emerson Process Management Asia and desist order or both directed against
viewed on the Commission’s electronic Pacific Private Limited, 1 Pandan the respondent.
docket (EDIS) at https://edis.usitc.gov. Crescent, Singapore, 128461,
Singapore By order of the Commission.
FOR FURTHER INFORMATION CONTACT:
Katherine Hiner, The Office of Docket Emerson Process Management Issued: September 5, 2018.
Services, U.S. International Trade Manufacturing (M) Sdn. Bhd., Lot Lisa R. Barton,
Commission, telephone (202) 205–1802. 13111-Mukim Labu, Kawasan, Secretary to the Commission.
Perindustrian Nilai, Nilai, Negeri [FR Doc. 2018–19587 Filed 9–7–18; 8:45 am]
SUPPLEMENTARY INFORMATION:
Sembilan, 71807, Malaysia
Authority: The authority for Fisher-Rosemount Systems, Inc., 1100 BILLING CODE 7020–02–P
institution of this investigation is W Louis Henna Blvd., Bldg. 1, Round
daltland on DSKBBV9HB2PROD with NOTICES
contained in section 337 of the Tariff Rock, TX 78681
Act of 1930, as amended, 19 U.S.C. Rosemount Inc., 6021 Innovation Blvd.,
1337, and in section 210.10 of the Shakopee, MN 55379
Commission’s Rules of Practice and Analog Devices, Inc., One Technology
Procedure, 19 CFR 210.10 (2018). Way, Norwood, MA 02062
Scope of Investigation: Having Linear Technology LLC, 1630 McCarthy
considered the complaint, the U.S. Blvd., Milpitas, CA 95035
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Document Created: 2018-09-08 00:42:46
Document Modified: 2018-09-08 00:42:46
| 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 | Katherine Hiner, The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205- 1802. | |
| FR Citation | 83 FR 45681 |
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