83_FR_47369 83 FR 47188 - Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Commission Determination To Review a Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date

83 FR 47188 - Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Commission Determination To Review a Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 181 (September 18, 2018)

Page Range47188-47190
FR Document2018-20189

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part the presiding administrative law judge's final initial determination, finding a violation of section 337 of the Tariff Act of 1930, as amended with respect to U.S. Patent Nos. 8,600,553 and 9,038,233 and no violation with respect to U.S. Patent Nos. 6,809,490 and 8,474,090. The Commission has also determined to extend the target date for completion of the above-captioned investigation until November 20, 2018. The Commission requests certain briefing from the parties on the issues under review, as indicated in this notice. The Commission also requests briefing from the parties and interested persons on the issues of remedy, the public interest, and bonding.

Federal Register, Volume 83 Issue 181 (Tuesday, September 18, 2018)
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47188-47190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20189]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1057]


Certain Robotic Vacuum Cleaning Devices and Components Thereof 
Such as Spare Parts; Commission Determination To Review a Final Initial 
Determination in Part; Schedule for Filing Written Submissions on the 
Issues Under Review and on Remedy, the Public Interest, and Bonding; 
Extension of the Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part the presiding 
administrative law judge's final initial determination, finding a 
violation of section 337 of the Tariff Act of 1930, as amended with 
respect to U.S. Patent Nos. 8,600,553 and 9,038,233 and no violation 
with respect to U.S. Patent Nos. 6,809,490 and 8,474,090. The 
Commission has also determined to extend the target date for completion 
of the above-captioned investigation until November 20, 2018. The 
Commission requests certain briefing from the parties on the issues 
under review, as indicated in this notice. The Commission also requests 
briefing from the parties and interested persons on the issues of 
remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3438. 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 (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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 
1337, on May 23, 2017, based on a complaint filed by iRobot Corporation 
of Bedford, Massachusetts (``iRobot''). 82 FR 23592 (May 23, 2017). The 
complaint alleges a violation of section 337 by reason of infringement 
of certain claims of U.S. Patent Nos. 6,809,490 (``the '490 patent''); 
7,155,308 (``the '308 patent''); 8,474,090 (``the '090 patent''); 
8,600,553 (``the '553 patent''); 9,038,233 (``the '233 patent''); and 
9,486,924 (``the '924 patent''). The complaint names as respondents 
Bissell Homecare, Inc. of Grand Rapids, Michigan (``Bissell''); Hoover, 
Inc. of Glenwillow, Ohio and Royal Appliance Manufacturing Co., Inc. d/
b/a TTI Floor Care North America, Inc. of Glenwillow, Ohio 
(collectively, ``Hoover''); bObsweep, Inc. of Toronto, Canada and 
bObsweep USA of Henderson, Nevada (collectively, ``bObsweep''); The 
Black & Decker Corporation of Towson, Maryland and Black & Decker 
(U.S.) Inc. of Towson, Maryland (collectively, ``Black & Decker''); 
Shenzhen ZhiYi Technology Co., Ltd., d/b/a iLife of Shenzhen, China 
(``iLife''); Matsutek Enterprises Co., Ltd. of Taipei City, Taiwan 
(``Matsutek''); Suzhou Real Power Electric Appliance Co., Ltd. of 
Suzhou, China (``Suzhou''); and Shenzhen Silver Star Intelligent 
Technology Co., Ltd. of Shenzhen, China (``SSSIT''). The Office of 
Unfair Import Investigations is not a party in this investigation.
    The investigation has been terminated with respect to respondents 
Suzhou, Black & Decker, Bissell, and Matsutek. Notice (Oct. 18, 2017) 
(determining not to review Order No. 23 (Sept. 26, 2017)); Notice (Jan. 
31, 2018) (determining not to review Order No. 31 (Jan. 9, 2018)); 
Notice (Feb. 16, 2018) (determining not to review Order No. 34 (Jan. 
25, 2018)). The '924 and the '308 patents are also no longer part of 
the investigation. Notice (Jan. 16, 2018) (determining not to review 
Order No. 29 (Dec. 14, 2017)); Notice (Mar. 15, 2018) (determining not 
to review Order No. 40 (Feb. 21, 2018)).
    On July 16, 2018, the Commission determined that iRobot satisfied 
the economic prong of the domestic industry requirement under 19 U.S.C. 
1337(a)(3)(B). Notice (July 16, 2018) (determining to affirm with

[[Page 47189]]

modifications Order No. 39 (Feb. 13, 2018)).
    On June 25, 2018, the presiding administrative law judge (``ALJ'') 
issued a final initial determination (``ID''), finding a violation of 
section 337 with respect to the '553 and '233 patents and no violation 
with respect to the '490 and '090 patents. Specifically, with respect 
to the '553 patent, the ALJ found that: (1) iLife directly infringes 
claim 42, but not claims 1, 12, 13, and 22; (2) iLife has not induced 
or contributed to infringement of the patent; (3) iRobot has satisfied 
the technical prong of the domestic industry requirement; (4) claim 1, 
but not claims 11 and 12, is invalid for anticipation; and (5) claims 
4, 12, 13, and 22 are not invalid for obviousness. With respect to the 
'490 patent, the ALJ found that: (1) iLife and bObsweep directly 
infringe claim 42, but not claims 1 and 12, and Hoover directly 
infringes claim 42; (2) iLife, Hoover, bObsweep, and SSSIT have not 
induced or contributed to infringement of the patent; (3) iRobot has 
satisfied the technical prong of the domestic industry requirement; (4) 
claim 1, but not claim 12, is invalid for anticipation; (5) claims 12 
and 42 are invalid for obviousness; and (6) claims 1 and 42 are not 
invalid for indefiniteness. With respect to the '090 patent, the ALJ 
found that: (1) iLife, Hoover, SSSIT and bObsweep directly infringe 
claims 1, 2, 3, 5, 7, 10, and 17; (2) iLife, Hoover, bObsweep, and 
SSSIT have not induced or contributed to infringement of the patent; 
(3) iRobot has satisfied the technical prong of the domestic industry 
requirement; (4) claims 1, 5, 7, 10, and 17 are not invalid for 
anticipation; and (5) claims 1, 2, 3, 4, 5, 7, 10, and 17 are invalid 
for obviousness in view of certain prior art combinations, but not 
others. With respect to the '233 patent, the ALJ found that: (1) iLife 
and bObsweep directly infringe claims 1, 10, 11, 14, 15, and 16 and 
Hoover directly infringes the same claims with respect to the Hoover 
Quest 1000 products, but not the Hoover Rogue/Y1 and Hoover Y2 
products; (2) iLife, Hoover, bObsweep, and SSSIT have not induced or 
contributed to infringement of the patent; (3) iRobot has satisfied the 
technical prong of the domestic industry requirement; and (4) claims 1, 
10, 11, 14, 15, and 16 of the '233 patent are not invalid for 
anticipation, obviousness, nor lack of written description.
    The ALJ also issued a Recommended Determination on Remedy and Bond 
(``RD''), recommending, if the Commission finds a section 337 
violation, the issuance of (1) a limited exclusion order against 
certain robotic vacuum cleaning devices and components thereof that are 
imported, sold for importation, and/or sold after importation by 
Hoover, bObsweep, SSSIT, and iLife, (2) cease and desist orders against 
Hoover and iLife, and (3) imposition of a bond of 18.89 percent for 
iLife products, 48.65 percent for bObsweep products, and 41.35 percent 
for Hoover products that are imported during the period of Presidential 
review.
    On July 25, 2018, iRobot filed post-RD statements on the public 
interest under Commission Rule 210.50(a)(4). The Commission did not 
receive any post-RD public interest comments from Respondents pursuant 
to Commission Rule 210.50(a)(4). The Commission did not receive 
comments from the public in response to the Commission notice issued on 
July 10, 2018. 83 FR 31977 (July 10, 2018).
    On July 9, 2018, iRobot and Respondents each filed a petition for 
review challenging various findings in the final ID. On July 17, 2018, 
iRobot and Respondents each filed responses to the other party's 
petition for review.
    Having examined the record of this investigation, including the 
final ID, the Commission has determined to review in part the ALJ's 
determination of a section 337 violation. Specifically, the Commission 
has determined to review the ALJ's findings on: (1) Induced and 
contributory infringement with respect to the '553, '490, '090, and 
'233 patents; (2) anticipation with respect to the asserted claims of 
the '553 patent; (3) obviousness with respect to the asserted claims of 
the '553 patent; (4) direct infringement of the '090 patent by 
Respondents; (5) anticipation with respect to the asserted claims of 
the '090 patent; (6) obviousness with respect to the asserted claims of 
the '090 patent; (7) anticipation with respect to the asserted claims 
of the '233 patent; and (8) consideration of U.S. Patent No. 6,594,844 
as prior art under 35 U.S.C. 102(a) and concerning obviousness under 35 
U.S.C. 103.
    The Commission has determined not to review the remaining issues 
decided in the final ID.
    The Commission has also determined to extend the target date for 
completion of the investigation until November 20, 2018.
    In connection with its review, the Commission requests responses to 
the following questions. The parties are requested to brief their 
positions with reference to the applicable law and the existing 
evidentiary record.
    1. Before the ALJ, did Respondents assert invalidity of claims 1 
and 12 of the '553 patent under 35 U.S.C. 102(b) based on a theory that 
the invention was ``described in a printed publication'' or that the 
invention was ``in public use''? See ID at 57.
    2. What is the theory under section 102(b) (i.e., ``described in a 
printed publication'' or ``in public use'') addressed by the final ID 
to find claim 1 of the '553 patent invalid as anticipated by Suckmaster 
and to find claim 12 not invalid as anticipated by Suckmaster? See ID 
at 57-70.
    3. Assuming Respondents argued before the ALJ invalidity of claim 
12 of the '553 patent based on ``public use'' under section 102(b):
    a. Does there need to be a showing that the Suckmaster robot was 
used in public to practice the steps of claim 12 to find anticipation 
of that claim based on a public use theory?
    b. Does the record evidence show that the Suckmaster robot 
performed the steps of claim 12 during the Atlanta Hobby Robot Club 
Vacuum Contest?
    4. Describe the principle of operation of U.S. Patent No. 5,995,884 
(``Allen'') and discuss whether modifying Allen with a ``control 
module'' as required by the asserted claims of the '090 patent would 
change that principle of operation.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue a cease and desist order that could result in the respondents 
Hoover and iLife being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994), 
Comm'n Opinion.
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist order would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are

[[Page 47190]]

subject to investigation, and (4) U.S. consumers. The Commission is 
therefore interested in receiving written submissions that address the 
aforementioned public interest factors in the context of this 
investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on all of the issues identified in this 
notice. Parties to the investigation, interested government agencies, 
and any other interested parties are encouraged to file written 
submissions on the issues of remedy, the public interest, and bonding. 
Such submissions should address the recommended determination by the 
ALJ on remedy and bonding. Complainant is also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainant is also requested to state the date that the asserted 
patents expire and the HTSUS numbers under which the accused products 
are imported, and provide identification information for all known 
importers of the subject articles. Initial written submissions and 
proposed remedial orders must be filed no later than close of business 
on Monday, September 24, 2018. Reply submissions must be filed no later 
than the close of business on Monday, October 1, 2018. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission. Persons filing written submissions must file the 
original document electronically on or before the deadlines stated 
above and submit 8 true paper copies to the Office of the Secretary by 
noon the next day pursuant to section 210.4(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should 
refer to the investigation number (Inv. No. 337-TA-1057) in a prominent 
place on the cover page and/or the first page. (See Handbook for 
Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
---------------------------------------------------------------------------

    \[1]\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    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 12, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-20189 Filed 9-17-18; 8:45 am]
BILLING CODE 7020-02-P



                                               47188                     Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices

                                               Rules of Practice and Procedure (19 CFR                 and of §§ 201.10 and 210.8(c) of the                  may be viewed on the Commission’s
                                               210.8(c)(2)).                                           Commission’s Rules of Practice and                    electronic docket (EDIS) at https://
                                                  Persons filing written submissions                   Procedure (19 CFR 201.10, 210.8(c)).                  edis.usitc.gov. Hearing-impaired
                                               must file the original document                           By order of the Commission.                         persons are advised that information on
                                               electronically on or before the deadlines                                                                     this matter can be obtained by
                                                                                                         Issued: September 13, 2018.
                                               stated above and submit 8 true paper                                                                          contacting the Commission’s TDD
                                                                                                       Lisa Barton,
                                               copies to the Office of the Secretary by                                                                      terminal on 202–205–1810.
                                               noon the next day pursuant to § 210.4(f)                Secretary to the Commission.
                                                                                                                                                             SUPPLEMENTARY INFORMATION: The
                                               of the Commission’s Rules of Practice                   [FR Doc. 2018–20236 Filed 9–17–18; 8:45 am]
                                                                                                                                                             Commission instituted this investigation
                                               and Procedure (19 CFR 210.4(f)).                        BILLING CODE 7020–02–P
                                                                                                                                                             under section 337 of the Tariff Act of
                                               Submissions should refer to the docket                                                                        1930, as amended, 19 U.S.C. 1337, on
                                               number (‘‘Docket No. 3341’’) in a                                                                             May 23, 2017, based on a complaint
                                               prominent place on the cover page and/                  INTERNATIONAL TRADE
                                                                                                       COMMISSION                                            filed by iRobot Corporation of Bedford,
                                               or the first page. (See Handbook for                                                                          Massachusetts (‘‘iRobot’’). 82 FR 23592
                                               Electonic Filing Procedures, Electronic                 [Investigation No. 337–TA–1057]                       (May 23, 2017). The complaint alleges a
                                               Filing Procedures 1). Persons with                                                                            violation of section 337 by reason of
                                               questions regarding filing should                       Certain Robotic Vacuum Cleaning                       infringement of certain claims of U.S.
                                               contact the Secretary (202–205–2000).                   Devices and Components Thereof                        Patent Nos. 6,809,490 (‘‘the ’490
                                                  Any person desiring to submit a                      Such as Spare Parts; Commission                       patent’’); 7,155,308 (‘‘the ’308 patent’’);
                                               document to the Commission in                           Determination To Review a Final Initial               8,474,090 (‘‘the ’090 patent’’); 8,600,553
                                               confidence must request confidential                    Determination in Part; Schedule for                   (‘‘the ’553 patent’’); 9,038,233 (‘‘the ’233
                                               treatment. All such requests should be                  Filing Written Submissions on the
                                               directed to the Secretary to the                                                                              patent’’); and 9,486,924 (‘‘the ’924
                                                                                                       Issues Under Review and on Remedy,                    patent’’). The complaint names as
                                               Commission and must include a full                      the Public Interest, and Bonding;
                                               statement of the reasons why the                                                                              respondents Bissell Homecare, Inc. of
                                                                                                       Extension of the Target Date                          Grand Rapids, Michigan (‘‘Bissell’’);
                                               Commission should grant such
                                               treatment. See 19 CFR 201.6. Documents                  AGENCY: U.S. International Trade                      Hoover, Inc. of Glenwillow, Ohio and
                                               for which confidential treatment by the                 Commission.                                           Royal Appliance Manufacturing Co.,
                                               Commission is properly sought will be                   ACTION: Notice.                                       Inc. d/b/a TTI Floor Care North
                                               treated accordingly. All such requests                                                                        America, Inc. of Glenwillow, Ohio
                                                                                                       SUMMARY:   Notice is hereby given that                (collectively, ‘‘Hoover’’); bObsweep, Inc.
                                               should be directed to the Secretary to
                                                                                                       the U.S. International Trade                          of Toronto, Canada and bObsweep USA
                                               the Commission and must include a full
                                                                                                       Commission has determined to review-                  of Henderson, Nevada (collectively,
                                               statement of the reasons why the
                                                                                                       in-part the presiding administrative law              ‘‘bObsweep’’); The Black & Decker
                                               Commission should grant such
                                               treatment. See 19 CFR 201.6. Documents                  judge’s final initial determination,                  Corporation of Towson, Maryland and
                                               for which confidential treatment by the                 finding a violation of section 337 of the             Black & Decker (U.S.) Inc. of Towson,
                                               Commission is properly sought will be                   Tariff Act of 1930, as amended with                   Maryland (collectively, ‘‘Black &
                                               treated accordingly. All information,                   respect to U.S. Patent Nos. 8,600,553                 Decker’’); Shenzhen ZhiYi Technology
                                               including confidential business                         and 9,038,233 and no violation with                   Co., Ltd., d/b/a iLife of Shenzhen, China
                                               information and documents for which                     respect to U.S. Patent Nos. 6,809,490                 (‘‘iLife’’); Matsutek Enterprises Co., Ltd.
                                               confidential treatment is properly                      and 8,474,090. The Commission has                     of Taipei City, Taiwan (‘‘Matsutek’’);
                                               sought, submitted to the Commission for                 also determined to extend the target                  Suzhou Real Power Electric Appliance
                                               purposes of this Investigation may be                   date for completion of the above-                     Co., Ltd. of Suzhou, China (‘‘Suzhou’’);
                                               disclosed to and used: (i) By the                       captioned investigation until November                and Shenzhen Silver Star Intelligent
                                               Commission, its employees and Offices,                  20, 2018. The Commission requests                     Technology Co., Ltd. of Shenzhen,
                                               and contract personnel (a) for                          certain briefing from the parties on the              China (‘‘SSSIT’’). The Office of Unfair
                                               developing or maintaining the records                   issues under review, as indicated in this             Import Investigations is not a party in
                                               of this or a related proceeding, or (b) in              notice. The Commission also requests                  this investigation.
                                               internal investigations, audits, reviews,               briefing from the parties and interested                 The investigation has been terminated
                                               and evaluations relating to the                         persons on the issues of remedy, the                  with respect to respondents Suzhou,
                                               programs, personnel, and operations of                  public interest, and bonding.                         Black & Decker, Bissell, and Matsutek.
                                               the Commission including under 5                        FOR FURTHER INFORMATION CONTACT:                      Notice (Oct. 18, 2017) (determining not
                                               U.S.C. Appendix 3; or (ii) by U.S.                      Lucy Grace D. Noyola, Office of the                   to review Order No. 23 (Sept. 26, 2017));
                                               government employees and contract                       General Counsel, U.S. International                   Notice (Jan. 31, 2018) (determining not
                                               personnel,2 solely for cybersecurity                    Trade Commission, 500 E Street SW,                    to review Order No. 31 (Jan. 9, 2018));
                                               purposes. All nonconfidential written                   Washington, DC 20436, telephone 202–                  Notice (Feb. 16, 2018) (determining not
                                               submissions will be available for public                205–3438. Copies of non-confidential                  to review Order No. 34 (Jan. 25, 2018)).
                                               inspection at the Office of the Secretary               documents filed in connection with this               The ’924 and the ’308 patents are also
                                               and on EDIS.3                                           investigation are or will be available for            no longer part of the investigation.
                                                  This action is taken under the                       inspection during official business                   Notice (Jan. 16, 2018) (determining not
                                               authority of section 337 of the Tariff Act              hours (8:45 a.m. to 5:15 p.m.) in the                 to review Order No. 29 (Dec. 14, 2017));
                                               of 1930, as amended (19 U.S.C. 1337),                   Office of the Secretary, U.S.                         Notice (Mar. 15, 2018) (determining not
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       International Trade Commission, 500 E                 to review Order No. 40 (Feb. 21, 2018)).
                                                  1 Handbook for Electronic Filing Procedures:         Street SW, Washington, DC 20436,                         On July 16, 2018, the Commission
                                               https://www.usitc.gov/documents/handbook_on_            telephone 202–205–2000. General                       determined that iRobot satisfied the
                                               filing_procedures.pdf.
                                                  2 All contract personnel will sign appropriate
                                                                                                       information concerning the Commission                 economic prong of the domestic
                                               nondisclosure agreements.                               may also be obtained by accessing its                 industry requirement under 19 U.S.C.
                                                  3 Electronic Document Information System             internet server (https://www.usitc.gov).              1337(a)(3)(B). Notice (July 16, 2018)
                                               (EDIS): https://edis.usitc.gov                          The public record for this investigation              (determining to affirm with


                                          VerDate Sep<11>2014   19:14 Sep 17, 2018   Jkt 244001   PO 00000   Frm 00065   Fmt 4703   Sfmt 4703   E:\FR\FM\18SEN1.SGM   18SEN1


                                                                         Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices                                          47189

                                               modifications Order No. 39 (Feb. 13,                    components thereof that are imported,                 that the invention was ‘‘in public use’’?
                                               2018)).                                                 sold for importation, and/or sold after               See ID at 57.
                                                  On June 25, 2018, the presiding                      importation by Hoover, bObsweep,                         2. What is the theory under section
                                               administrative law judge (‘‘ALJ’’) issued               SSSIT, and iLife, (2) cease and desist                102(b) (i.e., ‘‘described in a printed
                                               a final initial determination (‘‘ID’’),                 orders against Hoover and iLife, and (3)              publication’’ or ‘‘in public use’’)
                                               finding a violation of section 337 with                 imposition of a bond of 18.89 percent                 addressed by the final ID to find claim
                                               respect to the ’553 and ’233 patents and                for iLife products, 48.65 percent for                 1 of the ’553 patent invalid as
                                               no violation with respect to the ’490 and               bObsweep products, and 41.35 percent                  anticipated by Suckmaster and to find
                                               ’090 patents. Specifically, with respect                for Hoover products that are imported                 claim 12 not invalid as anticipated by
                                               to the ’553 patent, the ALJ found that:                 during the period of Presidential review.             Suckmaster? See ID at 57–70.
                                               (1) iLife directly infringes claim 42, but                 On July 25, 2018, iRobot filed post-RD                3. Assuming Respondents argued
                                               not claims 1, 12, 13, and 22; (2) iLife has             statements on the public interest under               before the ALJ invalidity of claim 12 of
                                               not induced or contributed to                           Commission Rule 210.50(a)(4). The                     the ’553 patent based on ‘‘public use’’
                                               infringement of the patent; (3) iRobot                  Commission did not receive any post-                  under section 102(b):
                                               has satisfied the technical prong of the                RD public interest comments from                         a. Does there need to be a showing
                                               domestic industry requirement; (4)                      Respondents pursuant to Commission                    that the Suckmaster robot was used in
                                               claim 1, but not claims 11 and 12, is                   Rule 210.50(a)(4). The Commission did                 public to practice the steps of claim 12
                                               invalid for anticipation; and (5) claims                not receive comments from the public in               to find anticipation of that claim based
                                               4, 12, 13, and 22 are not invalid for                   response to the Commission notice                     on a public use theory?
                                               obviousness. With respect to the ’490                   issued on July 10, 2018. 83 FR 31977                     b. Does the record evidence show that
                                               patent, the ALJ found that: (1) iLife and               (July 10, 2018).                                      the Suckmaster robot performed the
                                               bObsweep directly infringe claim 42,                       On July 9, 2018, iRobot and                        steps of claim 12 during the Atlanta
                                               but not claims 1 and 12, and Hoover                     Respondents each filed a petition for                 Hobby Robot Club Vacuum Contest?
                                               directly infringes claim 42; (2) iLife,                 review challenging various findings in                   4. Describe the principle of operation
                                               Hoover, bObsweep, and SSSIT have not                    the final ID. On July 17, 2018, iRobot                of U.S. Patent No. 5,995,884 (‘‘Allen’’)
                                               induced or contributed to infringement                  and Respondents each filed responses to               and discuss whether modifying Allen
                                               of the patent; (3) iRobot has satisfied the             the other party’s petition for review.                with a ‘‘control module’’ as required by
                                               technical prong of the domestic industry                   Having examined the record of this                 the asserted claims of the ’090 patent
                                               requirement; (4) claim 1, but not claim                 investigation, including the final ID, the            would change that principle of
                                               12, is invalid for anticipation; (5) claims             Commission has determined to review                   operation.
                                               12 and 42 are invalid for obviousness;                  in part the ALJ’s determination of a                     In connection with the final
                                               and (6) claims 1 and 42 are not invalid                 section 337 violation. Specifically, the              disposition of this investigation, the
                                               for indefiniteness. With respect to the                 Commission has determined to review                   Commission may (1) issue an order that
                                               ’090 patent, the ALJ found that: (1) iLife,             the ALJ’s findings on: (1) Induced and                could result in the exclusion of the
                                               Hoover, SSSIT and bObsweep directly                     contributory infringement with respect                subject articles from entry into the
                                               infringe claims 1, 2, 3, 5, 7, 10, and 17;              to the ’553, ’490, ’090, and ’233 patents;            United States, and/or (2) issue a cease
                                               (2) iLife, Hoover, bObsweep, and SSSIT                  (2) anticipation with respect to the                  and desist order that could result in the
                                               have not induced or contributed to                      asserted claims of the ’553 patent; (3)               respondents Hoover and iLife being
                                               infringement of the patent; (3) iRobot                  obviousness with respect to the asserted              required to cease and desist from
                                               has satisfied the technical prong of the                claims of the ’553 patent; (4) direct                 engaging in unfair acts in the
                                               domestic industry requirement; (4)                      infringement of the ’090 patent by                    importation and sale of such articles.
                                               claims 1, 5, 7, 10, and 17 are not invalid              Respondents; (5) anticipation with                    Accordingly, the Commission is
                                               for anticipation; and (5) claims 1, 2, 3,               respect to the asserted claims of the ’090            interested in receiving written
                                               4, 5, 7, 10, and 17 are invalid for                     patent; (6) obviousness with respect to               submissions that address the form of
                                               obviousness in view of certain prior art                the asserted claims of the ’090 patent;               remedy, if any, that should be ordered.
                                               combinations, but not others. With                      (7) anticipation with respect to the                  If a party seeks exclusion of an article
                                               respect to the ’233 patent, the ALJ found               asserted claims of the ’233 patent; and               from entry into the United States for
                                               that: (1) iLife and bObsweep directly                   (8) consideration of U.S. Patent No.                  purposes other than entry for
                                               infringe claims 1, 10, 11, 14, 15, and 16               6,594,844 as prior art under 35 U.S.C.                consumption, the party should so
                                               and Hoover directly infringes the same                  102(a) and concerning obviousness                     indicate and provide information
                                               claims with respect to the Hoover Quest                 under 35 U.S.C. 103.                                  establishing that activities involving
                                               1000 products, but not the Hoover                          The Commission has determined not                  other types of entry either are adversely
                                               Rogue/Y1 and Hoover Y2 products; (2)                    to review the remaining issues decided                affecting it or likely to do so. For
                                               iLife, Hoover, bObsweep, and SSSIT                      in the final ID.                                      background, see Certain Devices for
                                               have not induced or contributed to                         The Commission has also determined                 Connecting Computers via Telephone
                                               infringement of the patent; (3) iRobot                  to extend the target date for completion              Lines, Inv. No. 337–TA–360, USITC
                                               has satisfied the technical prong of the                of the investigation until November 20,               Pub. No. 2843 (Dec. 1994), Comm’n
                                               domestic industry requirement; and (4)                  2018.                                                 Opinion.
                                               claims 1, 10, 11, 14, 15, and 16 of the                    In connection with its review, the                    If the Commission contemplates some
                                               ’233 patent are not invalid for                         Commission requests responses to the                  form of remedy, it must consider the
                                               anticipation, obviousness, nor lack of                  following questions. The parties are                  effects of that remedy upon the public
                                               written description.                                    requested to brief their positions with               interest. The factors the Commission
daltland on DSKBBV9HB2PROD with NOTICES




                                                  The ALJ also issued a Recommended                    reference to the applicable law and the               will consider include the effect that an
                                               Determination on Remedy and Bond                        existing evidentiary record.                          exclusion order and/or cease and desist
                                               (‘‘RD’’), recommending, if the                             1. Before the ALJ, did Respondents                 order would have on (1) the public
                                               Commission finds a section 337                          assert invalidity of claims 1 and 12 of               health and welfare, (2) competitive
                                               violation, the issuance of (1) a limited                the ’553 patent under 35 U.S.C. 102(b)                conditions in the U.S. economy, (3) U.S.
                                               exclusion order against certain robotic                 based on a theory that the invention was              production of articles that are like or
                                               vacuum cleaning devices and                             ‘‘described in a printed publication’’ or             directly competitive with those that are


                                          VerDate Sep<11>2014   19:14 Sep 17, 2018   Jkt 244001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\18SEN1.SGM   18SEN1


                                               47190                     Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices

                                               subject to investigation, and (4) U.S.                  questions regarding filing should                     SUMMARY:    OSHA is soliciting public
                                               consumers. The Commission is                            contact the Secretary at (202) 205–2000.              comments concerning the proposal to
                                               therefore interested in receiving written                  Any person desiring to submit a                    extend OMB approval of the
                                               submissions that address the                            document to the Commission in                         information collection requirements
                                               aforementioned public interest factors                  confidence must request confidential                  contained in the Temporary Labor
                                               in the context of this investigation.                   treatment. All such requests should be                Camps Standard.
                                                  If the Commission orders some form                   directed to the Secretary to the                      DATES: Comments must be submitted
                                               of remedy, the U.S. Trade                               Commission and must include a full                    (postmarked, sent, or received) by
                                               Representative, as delegated by the                     statement of the reasons why the                      November 19, 2018.
                                               President, has 60 days to approve or                    Commission should grant such
                                                                                                                                                             ADDRESSES:
                                               disapprove the Commission’s action.                     treatment. See 19 CFR 201.6. Documents                   Electronically: You may submit
                                               See Presidential Memorandum of July                     for which confidential treatment by the               comments and attachments
                                               21, 2005, 70 FR 43251 (July 26, 2005).                  Commission is properly sought will be                 electronically at http://
                                               During this period, the subject articles                treated accordingly. All information,
                                                                                                                                                             www.regulations.gov, which is the
                                               would be entitled to enter the United                   including confidential business
                                                                                                                                                             Federal eRulemaking Portal. Follow the
                                               States under bond, in an amount                         information and documents for which
                                                                                                                                                             instructions online for submitting
                                               determined by the Commission and                        confidential treatment is properly
                                                                                                                                                             comments.
                                               prescribed by the Secretary of the                      sought, submitted to the Commission for                  Facsimile: If your comments,
                                               Treasury. The Commission is therefore                   purposes of this investigation may be
                                                                                                                                                             including attachments, are not longer
                                               interested in receiving submissions                     disclosed to and used: (i) By the
                                                                                                                                                             than 10 pages, you may fax them to the
                                               concerning the amount of the bond that                  Commission, its employees and Offices,
                                                                                                                                                             OSHA Docket Office at (202) 693–1648.
                                               should be imposed if a remedy is                        and contract personnel (a) for                           Mail, hand delivery, express mail,
                                               ordered.                                                developing or maintaining the records                 messenger, or courier service: When
                                                  Written Submissions: The parties to                  of this or a related proceeding, or (b) in
                                                                                                                                                             using this method, you must submit a
                                               the investigation are requested to file                 internal investigations, audits, reviews,
                                                                                                                                                             copy of your comments and attachments
                                               written submissions on all of the issues                and evaluations relating to the
                                               identified in this notice. Parties to the                                                                     to the OSHA Docket Office, Docket No.
                                                                                                       programs, personnel, and operations of
                                               investigation, interested government                                                                          OSHA–2012–0012, Occupational Safety
                                                                                                       the Commission including under 5
                                               agencies, and any other interested                                                                            and Health Administration, U.S.
                                                                                                       U.S.C. Appendix 3; or (ii) by U.S.
                                               parties are encouraged to file written                                                                        Department of Labor, Room N–3653,
                                                                                                       government employees and contract
                                               submissions on the issues of remedy,                                                                          200 Constitution Avenue NW,
                                                                                                       personnel,1 solely for cybersecurity
                                               the public interest, and bonding. Such                                                                        Washington, DC 20210. Deliveries
                                                                                                       purposes. All nonconfidential written
                                               submissions should address the                                                                                (hand, express mail, messenger, and
                                                                                                       submissions will be available for public
                                               recommended determination by the ALJ                                                                          courier service) are accepted during the
                                                                                                       inspection at the Office of the Secretary
                                               on remedy and bonding. Complainant is                                                                         Docket Office’s normal business hours,
                                                                                                       and on EDIS.
                                               also requested to submit proposed                          The authority for the Commission’s                 10:00 a.m. to 3:00 p.m., ET.
                                               remedial orders for the Commission’s                    determination is contained in section                    Instructions: All submissions must
                                               consideration. Complainant is also                      337 of the Tariff Act of 1930, as                     include the agency name and the OSHA
                                               requested to state the date that the                    amended (19 U.S.C. 1337), and in Part                 docket number (OSHA–2012–0012) for
                                               asserted patents expire and the HTSUS                   210 of the Commission’s Rules of                      the Information Collection Request
                                               numbers under which the accused                         Practice and Procedure (19 CFR part                   (ICR). All comments, including any
                                               products are imported, and provide                      210).                                                 personal information you provide, are
                                               identification information for all known                                                                      placed in the public docket without
                                                                                                         By order of the Commission.                         change, and may be made available
                                               importers of the subject articles. Initial
                                                                                                         Issued: September 12, 2018.                         online at http://www.regulations.gov.
                                               written submissions and proposed
                                                                                                       Lisa Barton,                                          For further information on submitting
                                               remedial orders must be filed no later
                                               than close of business on Monday,                       Secretary to the Commission.                          comments see the ‘‘Public
                                               September 24, 2018. Reply submissions                   [FR Doc. 2018–20189 Filed 9–17–18; 8:45 am]           Participation’’ heading in the section of
                                               must be filed no later than the close of                BILLING CODE 7020–02–P                                this notice titled SUPPLEMENTARY
                                               business on Monday, October 1, 2018.                                                                          INFORMATION.
                                               No further submissions on these issues                                                                           Docket: To read or download
                                               will be permitted unless otherwise                      DEPARTMENT OF LABOR                                   comments or other material in the
                                               ordered by the Commission. Persons                                                                            docket, go to http://www.regulations.gov
                                               filing written submissions must file the                Occupational Safety and Health                        or the OSHA Docket Office at the above
                                               original document electronically on or                  Administration                                        address. All documents in the docket
                                               before the deadlines stated above and                                                                         (including this Federal Register notice)
                                                                                                       [Docket No. OSHA–2012–0012]
                                               submit 8 true paper copies to the Office                                                                      are listed in the http://
                                               of the Secretary by noon the next day                   Temporary Labor Camps; Extension of                   www.regulations.gov index; however,
                                               pursuant to section 210.4(f) of the                     the Office of Management and                          some information (e.g., copyrighted
                                               Commission’s Rules of Practice and                      Budget’s (OMB) Approval of                            material) is not publicly available to
                                               Procedure (19 CFR 210.4(f)).                            Information Collection (Paperwork)                    read or download from the website. All
                                               Submissions should refer to the                         Requirements                                          submissions, including copyrighted
daltland on DSKBBV9HB2PROD with NOTICES




                                               investigation number (Inv. No. 337–TA–                                                                        material, are available for inspection
                                               1057) in a prominent place on the cover                 AGENCY:  Occupational Safety and Health               and copying at the OSHA Docket Office.
                                               page and/or the first page. (See                        Administration (OSHA), Labor.                         You may also contact Christie Garner at
                                               Handbook for Electronic Filing                          ACTION: Request for public comments.                  the address below to obtain a copy of
                                               Procedures, https://www.usitc.gov/                                                                            the ICR.
                                               secretary/documents/handbook_on_                          [1] All contract personnel will sign appropriate    FOR FURTHER INFORMATION CONTACT: Tom
                                               filing_procedures.pdf). Persons with                    nondisclosure agreements.                             Mockler or Christie Garner, Directorate


                                          VerDate Sep<11>2014   19:14 Sep 17, 2018   Jkt 244001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\18SEN1.SGM   18SEN1



Document Created: 2018-09-18 01:18:18
Document Modified: 2018-09-18 01:18:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-3438. 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 (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 Citation83 FR 47188 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR