83 FR 63186 - Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 235 (December 7, 2018)
Federal Register Volume 83, Issue 235 (December 7, 2018)
| Page Range | 63186-63187 | |
| FR Document | 2018-26522 |
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)] [Notices] [Pages 63186-63187] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26522] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1057] Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, in this investigation. The Commission has issued a limited exclusion order prohibiting the unlicensed entry of certain vacuum cleaning devices and components thereof, such as spare parts, that infringe certain claims of U.S. Patent No. 9,038,233. The Commission has also issued cease and desist orders prohibiting the sale and distribution within the United States of articles that infringe certain claims of that patent against Hoover, Inc. of Glenwillow, Ohio; Royal Appliance Manufacturing Co., Inc. d/b/a TTI Floor Care North America, Inc. of Glenwillow, Ohio; bObsweep, Inc. of Toronto, Canada; and bObsweep USA of Henderson, Nevada. The investigation is terminated. 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 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain vacuum cleaning devices and components thereof, such as spare parts, 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 Notice of Investigation 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 investigation has also been terminated with respect to the '924 and the '308 patents. 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 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 ID found that: (1) iLife directly infringes claims 1 and 4, but not claims 11, 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 ID 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 ID found that: (1) iLife, Hoover, SSSIT, and bObsweep directly infringe claims 1, 2, 3, 5, 7, and 10, but not claim 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, [[Page 63187]] the ID 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 ID found that iRobot has satisfied the economic prong of the domestic industry requirement under 19 U.S.C. 1337(a)(3)(C) with respect to all asserted patents. 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 of the entered value 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 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 petitions for review. 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 modifications Order No. 39 (Feb. 13, 2018)). 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 any respondent 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 soliciting public interest comments. 83 FR 31977 (July 10, 2018). On September 12, 2018, the Commission determined to review in part the final ID. 83 FR 47188 (Sept. 18, 2018). Specifically, the Commission determined to review the ID'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 iLife, Hoover, bObsweep, and SSSIT; (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 35 U.S.C. 103 with respect to the '233 patent. The Commission also requested briefing from the parties on certain issues under review and briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding. On September 19, 2018, iRobot filed an unopposed motion to terminate the investigation as to iLife based on a settlement agreement and, because the '553 patent is asserted against iLife only, all claims asserted under the '553 patent for mootness. On October 2, 2018, the Commission determined to grant that motion. Notice (Oct. 2, 2018). Thus, the respondents remaining in this investigation are Hoover, bObsweep, and SSSIT, and the remaining asserted patents are the '490, '090, and '233 patents. On September 24, 2018, iRobot and the remaining respondents filed initial written submissions addressing the Commission's questions and the issues of remedy, the public interest, and bonding. On October 1, 2018, the parties filed response briefs. No comments were received from the public. Having examined the record of this investigation, including the ID and the parties' submissions, the Commission has determined to affirm, on modified grounds, the ID's finding of a violation as to the '233 patent and no violation as to the '490 and '090 patents. Specifically, the Commission has determined that Hoover, bObsweep, and SSSIT have not induced or contributed to infringement of the '490, '090, and '233 patents. With respect to the '090 patent, the Commission has determined that the Hoover, SSSIT, and bObsweep bObi products meet all limitations of claims 1, 2, 3, 5, 7, 10, and 17, and that the asserted claims are invalid for obviousness, but not invalid for anticipation. With respect to the '233 patent, the Commission has determined that claims 1, 10, 11, 14, 15, and 16 are not invalid for anticipation nor obviousness. The Commission has determined to adopt all findings and conclusions in the final ID that are not inconsistent with the Commission's opinion issued herewith. The Commission has determined the appropriate remedy is a limited exclusion order prohibiting Hoover, bObsweep, and SSSIT from importing certain vacuum cleaning devices and components thereof, such as spare parts, that infringe one or more of claims 1, 10, 11, 14, 15, and 16 of the '233 patent, as well as cease and desist orders against Hoover and bObsweep prohibiting them from, inter alia, selling or distributing within the United States such products. The Commission has determined the public interest factors enumerated in section 337(d)(1) and (f)(1) do not preclude issuance of the limited exclusion order or cease and desist orders. The Commission has also determined to set a bond in the following percentages of the entered value of the respondents' infringing products during the period of Presidential review (19 U.S.C. 1337(j)): 48.65 percent for products that are manufactured by or on behalf of bObsweep; 41.35 percent for products that are manufactured by or on behalf of Hoover; and zero percent (no bond) for products that are manufactured by SSSIT on behalf of entities other than Hoover and bObsweep, as well as products that are manufactured on behalf of SSSIT. The Commission's orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. 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: November 30, 2018. Jessica Mullan, Attorney Advisor. [FR Doc. 2018-26522 Filed 12-6-18; 8:45 am] BILLING CODE 7020-02-P
![63186 Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices
following meeting. Earlier notification Co., Inc. d/b/a TTI Floor Care North Taiwan (‘‘Matsutek’’); Suzhou Real
of this change was not possible. America, Inc. of Glenwillow, Ohio; Power Electric Appliance Co., Ltd. of
The revised agenda of December 7, bObsweep, Inc. of Toronto, Canada; and Suzhou, China (‘‘Suzhou’’); and
2018 at 11:00 a.m. is as follows: bObsweep USA of Henderson, Nevada. Shenzhen Silver Star Intelligent
1. Agendas for future meetings: None. The investigation is terminated. Technology Co., Ltd. of Shenzhen,
2. Minutes. FOR FURTHER INFORMATION CONTACT: China (‘‘SSSIT’’). The Office of Unfair
3. Ratification List. Lucy Grace D. Noyola, Office of the Import Investigations is not a party in
4. Vote on Inv. Nos. 701–TA–614 and General Counsel, U.S. International this investigation.
731–TA–1431 Trade Commission, 500 E Street SW, The investigation has been terminated
(Preliminary)(Magnesium from Washington, DC 20436, telephone 202– with respect to respondents Suzhou,
Israel). The Commission is 205–3438. Copies of non-confidential Black & Decker, Bissell, and Matsutek.
currently scheduled to complete documents filed in connection with this Notice (Oct. 18, 2017) (determining not
and file its determinations on investigation are or will be available for to review Order No. 23 (Sept. 26, 2017));
December 11, 2018; views of the inspection during official business Notice (Jan. 31, 2018) (determining not
Commission are currently hours (8:45 a.m. to 5:15 p.m.) in the to review Order No. 31 (Jan. 9, 2018));
scheduled to be completed and Office of the Secretary, U.S. Notice (Feb. 16, 2018) (determining not
filed on December 18, 2018. International Trade Commission, 500 E to review Order No. 34 (Jan. 25, 2018)).
5. Vote on Inv. Nos. 701–TA–591 and Street SW, Washington, DC 20436, The investigation has also been
731–TA–1399 (Final)(Common telephone 202–205–2000. General terminated with respect to the ’924 and
Alloy Aluminum Sheet from information concerning the Commission the ’308 patents. Notice (Jan. 16, 2018)
China). The Commission is may also be obtained by accessing its (determining not to review Order No. 29
currently scheduled to complete internet server (https://www.usitc.gov). (Dec. 14, 2017)); Notice (Mar. 15, 2018)
and file its determinations and The public record for this investigation (determining not to review Order No. 40
views of the Commission by may be viewed on the Commission’s (Feb. 21, 2018)).
January 2, 2019. On June 25, 2018, the presiding
electronic docket (EDIS) at https://
6. Outstanding action jackets: None. administrative law judge (‘‘ALJ’’) issued
edis.usitc.gov. Hearing-impaired
a final initial determination (‘‘ID’’),
By order of the Commission. persons are advised that information on
finding a violation of section 337 with
Issued: December 3, 2018. this matter can be obtained by
respect to the ’553 and ’233 patents and
Lisa Barton,
contacting the Commission’s TDD
no violation with respect to the ’490 and
terminal on 202–205–1810.
Secretary to the Commission. ’090 patents. Specifically, with respect
SUPPLEMENTARY INFORMATION: The to the ’553 patent, the ID found that: (1)
[FR Doc. 2018–26608 Filed 12–4–18; 11:15 am]
Commission instituted this investigation iLife directly infringes claims 1 and 4,
BILLING CODE 7020–02–P
under section 337 of the Tariff Act of but not claims 11, 12, 13, and 22; (2)
1930, as amended, 19 U.S.C. 1337, on iLife has not induced or contributed to
INTERNATIONAL TRADE May 23, 2017, based on a complaint infringement of the patent; (3) iRobot
COMMISSION filed by iRobot Corporation of Bedford, has satisfied the technical prong of the
Massachusetts (‘‘iRobot’’). 82 FR 23592 domestic industry requirement; (4)
[Investigation No. 337–TA–1057] (May 23, 2017). The complaint alleges a claim 1, but not claims 11 and 12, is
violation of section 337 based upon the invalid for anticipation; and (5) claims
Certain Robotic Vacuum Cleaning importation into the United States, the
Devices and Components Thereof 4, 12, 13, and 22 are not invalid for
sale for importation, and the sale within obviousness. With respect to the ’490
Such as Spare Parts; Notice of the the United States after importation of
Commission’s Final Determination patent, the ID found that: (1) iLife and
certain vacuum cleaning devices and bObsweep directly infringe claim 42,
Finding a Violation of Section 337; components thereof, such as spare parts,
Issuance of a Limited Exclusion Order but not claims 1 and 12, and Hoover
by reason of infringement of certain directly infringes claim 42; (2) iLife,
and Cease and Desist Orders; claims of U.S. Patent Nos. 6,809,490 Hoover, bObsweep, and SSSIT have not
Termination of the Investigation (‘‘the ’490 patent’’), 7,155,308 (‘‘the ’308 induced or contributed to infringement
AGENCY: U.S. International Trade patent’’), 8,474,090 (‘‘the ’090 patent’’), of the patent; (3) iRobot has satisfied the
Commission. 8,600,553 (‘‘the ’553 patent’’), 9,038,233 technical prong of the domestic industry
ACTION: Notice. (‘‘the ’233 patent’’), and 9,486,924 (‘‘the requirement; (4) claim 1, but not claim
’924 patent’’). The Notice of 12, is invalid for anticipation: (5) claims
SUMMARY: Notice is hereby given that Investigation names as respondents 12 and 42 are invalid for obviousness;
the U.S. International Trade Bissell Homecare, Inc. of Grand Rapids, and (6) claims 1 and 42 are not invalid
Commission has found a violation of Michigan (‘‘Bissell’’); Hoover, Inc. of for indefiniteness. With respect to the
section 337 of the Tariff Act of 1930, in Glenwillow, Ohio and Royal Appliance ’090 patent, the ID found that: (1) iLife,
this investigation. The Commission has Manufacturing Co., Inc. d/b/a TTI Floor Hoover, SSSIT, and bObsweep directly
issued a limited exclusion order Care North America, Inc. of Glenwillow, infringe claims 1, 2, 3, 5, 7, and 10, but
prohibiting the unlicensed entry of Ohio (collectively, ‘‘Hoover’’); not claim 17; (2) iLife, Hoover,
certain vacuum cleaning devices and bObsweep, Inc. of Toronto, Canada and bObsweep, and SSSIT have not induced
components thereof, such as spare parts, bObsweep USA of Henderson, Nevada or contributed to infringement of the
that infringe certain claims of U.S. (collectively, ‘‘bObsweep’’); The Black & patent; (3) iRobot has satisfied the
amozie on DSK3GDR082PROD with NOTICES
Patent No. 9,038,233. The Commission Decker Corporation of Towson, technical prong of the domestic industry
has also issued cease and desist orders Maryland and Black & Decker (U.S.) Inc. requirement; (4) claims 1, 5, 7, 10, and
prohibiting the sale and distribution of Towson, Maryland (collectively, 17 are not invalid for anticipation; and
within the United States of articles that ‘‘Black & Decker’’); Shenzhen ZhiYi (5) claims 1, 2, 3, 4, 5, 7, 10, and 17 are
infringe certain claims of that patent Technology Co., Ltd., d/b/a iLife of invalid for obviousness in view of
against Hoover, Inc. of Glenwillow, Shenzhen, China (‘‘iLife’’); Matsutek certain prior art combinations, but not
Ohio; Royal Appliance Manufacturing Enterprises Co., Ltd. of Taipei City, others. With respect to the ’233 patent,
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![Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices 63187
the ID found that: (1) iLife and on: (1) Induced and contributory obviousness. The Commission has
bObsweep directly infringe claims 1, 10, infringement with respect to the ’553, determined to adopt all findings and
11, 14, 15, and 16 and Hoover directly ’490, ’090, and ’233 patents; (2) conclusions in the final ID that are not
infringes the same claims with respect anticipation with respect to the asserted inconsistent with the Commission’s
to the Hoover Quest 1000 products, but claims of the ’553 patent; (3) opinion issued herewith.
not the Hoover Rogue/Y1 and Hoover obviousness with respect to the asserted
The Commission has determined the
Y2 products; (2) iLife, Hoover, claims of the ’553 patent; (4) direct
bObsweep, and SSSIT have not induced infringement of the ’090 patent by iLife, appropriate remedy is a limited
or contributed to infringement of the Hoover, bObsweep, and SSSIT; (5) exclusion order prohibiting Hoover,
patent; (3) iRobot has satisfied the anticipation with respect to the asserted bObsweep, and SSSIT from importing
technical prong of the domestic industry claims of the ’090 patent; (6) certain vacuum cleaning devices and
requirement; and (4) claims 1, 10, 11, obviousness with respect to the asserted components thereof, such as spare parts,
14, 15, and 16 of the ’233 patent are not claims of the ’090 patent; (7) that infringe one or more of claims 1, 10,
invalid for anticipation, obviousness, anticipation with respect to the asserted 11, 14, 15, and 16 of the ’233 patent, as
nor lack of written description. The ID claims of the ’233 patent; and (8) well as cease and desist orders against
found that iRobot has satisfied the consideration of U.S. Patent No. Hoover and bObsweep prohibiting them
economic prong of the domestic 6,594,844 as prior art under 35 U.S.C. from, inter alia, selling or distributing
industry requirement under 19 U.S.C. 102(a) and 35 U.S.C. 103 with respect to within the United States such products.
1337(a)(3)(C) with respect to all asserted the ’233 patent. The Commission also The Commission has determined the
patents. requested briefing from the parties on public interest factors enumerated in
The ALJ also issued a Recommended certain issues under review and briefing section 337(d)(1) and (f)(1) do not
Determination on Remedy and Bond from the parties, interested government preclude issuance of the limited
(‘‘RD’’), recommending, if the agencies, and interested persons on the exclusion order or cease and desist
Commission finds a section 337 issues of remedy, the public interest, orders.
violation, the issuance of (1) a limited and bonding.
exclusion order against certain robotic On September 19, 2018, iRobot filed The Commission has also determined
vacuum cleaning devices and an unopposed motion to terminate the to set a bond in the following
components thereof that are imported, investigation as to iLife based on a percentages of the entered value of the
sold for importation, and/or sold after settlement agreement and, because the respondents’ infringing products during
importation by Hoover, bObsweep, ’553 patent is asserted against iLife only, the period of Presidential review (19
SSSIT, and iLife, (2) cease and desist all claims asserted under the ’553 patent U.S.C. 1337(j)): 48.65 percent for
orders against Hoover and iLife, and (3) for mootness. On October 2, 2018, the products that are manufactured by or on
imposition of a bond of 18.89 percent of Commission determined to grant that behalf of bObsweep; 41.35 percent for
the entered value for iLife products, motion. Notice (Oct. 2, 2018). Thus, the products that are manufactured by or on
48.65 percent for bObsweep products, respondents remaining in this behalf of Hoover; and zero percent (no
and 41.35 percent for Hoover products investigation are Hoover, bObsweep, bond) for products that are
that are imported during the period of and SSSIT, and the remaining asserted manufactured by SSSIT on behalf of
Presidential review. patents are the ’490, ’090, and ’233 entities other than Hoover and
On July 9, 2018, iRobot and patents.
bObsweep, as well as products that are
Respondents each filed a petition for On September 24, 2018, iRobot and
review challenging various findings in the remaining respondents filed initial manufactured on behalf of SSSIT. The
the final ID. On July 17, 2018, iRobot written submissions addressing the Commission’s orders and opinion were
and Respondents each filed responses to Commission’s questions and the issues delivered to the President and to the
the petitions for review. of remedy, the public interest, and United States Trade Representative on
On July 16, 2018, the Commission bonding. On October 1, 2018, the parties the day of their issuance.
determined that iRobot satisfied the filed response briefs. No comments were The authority for the Commission’s
economic prong of the domestic received from the public. determination is contained in section
industry requirement under 19 U.S.C. Having examined the record of this 337 of the Tariff Act of 1930, as
1337(a)(3)(B). Notice (July 16, 2018) investigation, including the ID and the amended (19 U.S.C. 1337), and in part
(determining to affirm with parties’ submissions, the Commission 210 of the Commission’s Rules of
modifications Order No. 39 (Feb. 13, has determined to affirm, on modified Practice and Procedure (19 CFR part
2018)). grounds, the ID’s finding of a violation
210).
On July 25, 2018, iRobot filed post-RD as to the ’233 patent and no violation as
statements on the public interest under to the ’490 and ’090 patents. By order of the Commission.
Commission Rule 210.50(a)(4). The Specifically, the Commission has Issued: November 30, 2018.
Commission did not receive any post- determined that Hoover, bObsweep, and Jessica Mullan,
RD public interest comments from any SSSIT have not induced or contributed
Attorney Advisor.
respondent pursuant to Commission to infringement of the ’490, ’090, and
[FR Doc. 2018–26522 Filed 12–6–18; 8:45 am]
Rule 210.50(a)(4). The Commission did ’233 patents. With respect to the ’090
not receive comments from the public in patent, the Commission has determined BILLING CODE 7020–02–P
response to the Commission notice that the Hoover, SSSIT, and bObsweep
issued on July 10, 2018 soliciting public bObi products meet all limitations of
amozie on DSK3GDR082PROD with NOTICES
interest comments. 83 FR 31977 (July claims 1, 2, 3, 5, 7, 10, and 17, and that
10, 2018). the asserted claims are invalid for
On September 12, 2018, the obviousness, but not invalid for
Commission determined to review in anticipation. With respect to the ’233
part the final ID. 83 FR 47188 (Sept. 18, patent, the Commission has determined
2018). Specifically, the Commission that claims 1, 10, 11, 14, 15, and 16 are
determined to review the ID’s findings not invalid for anticipation nor
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Document Created: 2018-12-07 01:52:26
Document Modified: 2018-12-07 01:52:26
| 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 | 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. | |
| FR Citation | 83 FR 63186 |
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