[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Notices]
[Pages 36334-36335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14945]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 337-TA-867/861 (Consolidated)]
Issuance of General Exclusion Order; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to issue a general exclusion order (``GEO'')
in this investigation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://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 Inv. No. 337-TA-
861 on November 16, 2012, based on a complaint filed by Speculative
Product Design, LLC of Mountain View, California (``Speck''). 77 FR
68828 (Nov. 16, 2012). The complaint alleged violations of section 337
of the Tariff Act of 1930, as amended, (19 U.S.C. 1337) in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain cases for
portable electronic devices by reason of infringement of various claims
of United States Patent No. 8,204,561 (``the '561 patent''). The
complaint named several respondents.
The Commission instituted Inv. No. 337-TA-867 on January 31, 2013,
based on a complaint filed by Speck. 78 FR 6834 (Jan. 31, 2013). That
complaint also alleged violations of section 337 of the Tariff Act of
1930 (19 U.S.C. Sec. 1337) in the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain cases for portable electronic devices by reason
of infringement of various claims of the '561 patent. The complaint
named several additional respondents. On January 31, 2013, the
Commission consolidated the two investigations. Id.
All of the respondents that participated in the investigation were
terminated from the investigation. Specifically, respondents JWIN
Electronics Corp., d/b/a iLuv of Port Washington, New York and
Fellowes, Inc. of Itasca, Illinois were terminated from the
investigation based upon settlement agreements. Respondents Project
Horizon, Inc., d/b/a/ InMotion Entertainment of Jacksonville, Florida
and En Jinn Industrial Co., Ltd. of New Taipei City, Taiwan were
terminated from the investigation based upon consent order
stipulations. Respondents Superior Communications, Inc. of Irwindale,
California and Shengda Huanqiu Shijie of Shenzhen, China were
terminated from the investigation based upon withdrawal of allegations
pertaining to them from the complaint. Respondent Jie Sheng Technology
of Tainan City, Taiwan was terminated from the investigation based upon
amendment to the complaint and notice of investigation. Respondent Body
Glove International, LLC of Redondo Beach, California was terminated
from the investigation based upon a finding that it had committed no
acts in violation of section 337.
The following respondents were found in default: Anbess Electronics
Co. Ltd. of Shenzhen, China; ROCON Digital Technology Corp. of
Shenzhen, China; Trait Technology (Shenzhen) Co., Ltd. of Shenzhen,
China; Hongkong Wexun Ltd. of Guangdong, China; SW-Box.com (aka
Cellphonezone Limited) of Sheung Wan, Hong Kong; and Global Digital
Star Industry, Ltd. of Shenzhen City, China. Accordingly, the only
parties remaining active in this investigation are Speck and the
Commission investigative attorney (``IA'').
On August 19, 2013, Speck filed a motion for summary determination
that it has satisfied the domestic industry requirement under sections
337(a)(3)(A), (B), and (C) (not including licensing). On August 19,
2013, the IA filed a response in support of Speck's motion that it has
satisfied the domestic industry requirement under section 337(a)(3)(C).
On September 10, 2013, the ALJ issued an ID (Order No 15) granting
Speck's motion in part. Specifically, the ALJ found that Speck
established a domestic industry for the '561 patent under section
337(a)(3)(C). On October 23, 2013, the Commission determined not to
review the ID.
On September 30, 2013, the ALJ granted a motion by Speck to
terminate the investigation as to claims 1-3, 6-8, 10, and 12-16 of the
'561 patent. On November 11, 2013, the Commission determined not to
review. Thus, claims 4, 5, 9, and 11 remain pending in the
investigation.
On November 15, 2013, Speck filed a motion for summary
determination of violation with respect to the defaulting respondents.
On November 26, 2013, the IA filed a response in support of Speck's
motion. On February 21, 2014, the presiding ALJ issued his final
initial determination on violation and recommendation on remedy (``ID/
RD''), Order No. 28, granting the motion. The ALJ recommended issuance
of a general exclusion order and the imposition of a bond of 100
percent of entered value during the period of Presidential review. On
April 8, 2014, the Commission issued notice of its determination not to
review the ALJ's final determination on violation. 79 Fed. Reg. 20228-
30 (Apr. 11, 2014).
The Commission has determined that the appropriate form of relief
is a GEO under 19 U.S.C. Sec. 1337(d)(2), prohibiting the unlicensed
entry of cases for portable electronic devices covered by one or more
claims 4, 5, 9, and 11 of U.S. Patent No. 8,204,561 (``the '561
patent'').
The Commission has further determined that the public interest
factors enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not
preclude issuance of the GEO. The Commission has determined that the
bond for temporary importation during the period of Presidential review
(19 U.S.C. 1337(j)) shall be in the amount of 100
[[Page 36335]]
percent of the entered value of the imported articles that are subject
to the order. The Commission's orders were delivered to the President
and 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: June 20, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-14945 Filed 6-25-14; 8:45 am]
BILLING CODE 7020-02-P