Notice2021-13830
Certain Movable Barrier Operator Systems and Components Thereof; Notice of a Commission Determination To Adopt in Part an Advisory Opinion; Termination of Advisory Opinion Proceeding
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Published
June 29, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission (the "Commission") has determined to adopt in part an initial advisory opinion ("IAO") (Order No. 44, as corrected) issued by the presiding administrative law judge ("ALJ"). The Commission has determined to adopt the IAO's finding of non-infringement of claims 1 and 21 of U.S. Patent Nos. 7,755,223. The Commission has determined not to adopt the portions of the IAO recommending rescission of the remedial orders and discussing grant of a motion for summary determination of non-infringement. The advisory opinion proceeding is hereby terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 122 (Tuesday, June 29, 2021)</title>
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[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Page 34279]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13830]
[[Page 34279]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1118 (Advisory Opinion Proceeding)]
Certain Movable Barrier Operator Systems and Components Thereof;
Notice of a Commission Determination To Adopt in Part an Advisory
Opinion; Termination of Advisory Opinion Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') has determined to adopt in part an
initial advisory opinion (``IAO'') (Order No. 44, as corrected) issued
by the presiding administrative law judge (``ALJ''). The Commission has
determined to adopt the IAO's finding of non-infringement of claims 1
and 21 of U.S. Patent Nos. 7,755,223. The Commission has determined not
to adopt the portions of the IAO recommending rescission of the
remedial orders and discussing grant of a motion for summary
determination of non-infringement. The advisory opinion proceeding is
hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket system (``EDIS'') at
<a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#2f6a6b667c1c674a435f6f5a5c465b4c01484059"><span class="__cf_email__" data-cfemail="8bcecfc2d8b8c3eee7fbcbfef8e2ffe8a5ece4fd">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the underlying
investigation on June 11, 2018, based on a complaint, as supplemented,
filed by The Chamberlain Group, Inc. (``CGI'') of Oak Brook, Illinois.
83 FR 27020-21 (June 11, 2018). The complaint alleges that respondents
Nortek Security & Control, LLC of Carlsbad, California; Nortek, Inc. of
Providence, Rhode Island; and GTO Access Systems, LLC of Tallahassee,
Florida (collectively, ``Nortek'') violated section 337 of the Tariff
Act, as amended, 19 U.S.C. 1337 (``Section 337'') by importing, selling
for importation, or selling in the United States after importation
garage door openers (``GDOs'') and other movable barrier operator
systems that allegedly infringe one or more of the asserted claims of
U.S. Patent Nos. 7,755,223 (``the '223 patent''), 8,587,404 (``the '404
patent''), and 6,741,052 (``the '052 patent''). Id. The Office of
Unfair Import Investigations was not named as a party to this
investigation. Id.
On December 3, 2020, the Commission determined that Nortek violated
Section 337 by way of infringing claims 1 and 21 of the '223 patent.
The Commission issued a limited exclusion order and cease and desist
orders against Nortek and imposed a bond in the amount of 100 percent
of the entered value of the covered products during the period of
Presidential review.
On January 21, 2021, the Commission granted Nortek's opposed
request to institute an advisory opinion proceeding, pursuant to
Commission Rule 210.79 (19 CFR 210.79). 86 FR 7105 (Jan. 26, 2021);
Comm'n Order (Jan. 21, 2021). On January 28, 2021, CGI and Nortek
executed a joint stipulation that the subject GDOs do not infringe the
'223 patent because they do not have two operating modes at two
different energy levels (i.e., they do not have a ``beam off'' or
``sleep mode''). On February 9, 2021, Nortek filed an unopposed motion
for summary determination and statement of undisputed facts that the
subject GDOs do not infringe the '223 patent.
On May 24, 2021, the presiding ALJ issued an amended IAO finding
the subject GDOs do not infringe claims 1 and 21 of the '223 patent.
Order No. 44 (May 24, 2021) (as amended). The amended IAO also contains
language ostensibly granting Nortek's unopposed motion for summary
determination of non-infringement and recommends that the Commission
issue an order rescinding the remedial orders. See id. at 6.
On June 1, 2021, CGI filed a petition for review of Order No. 44,
opposing the portion of the IAO recommending rescission of the remedial
orders. CGI did not oppose the IAO's finding that the subject GDOs do
not infringe claims 1 and 21 of the '223 patent. Nortek did not file a
response to CGI's petition.
The Commission has determined to adopt the portion of the IAO
finding that the subject GDOs do not infringe claims 1 and 21 of the
'223 patent. The Commission, however, has determined not to adopt the
recommendation to rescind the remedial orders, as modification or
rescission of remedial orders is governed by Section 337(k) (19 U.S.C.
1337(k)) and Commission Rule 210.76 (19 CFR 210.76). The Commission has
also determined not to adopt that portion of the advisory opinion
discussing granting Nortek's motion for summary determination of non-
infringement.
This advisory opinion proceeding is hereby terminated.
The Commission voted to approve these determinations on June 23,
2021.
The authority for the Commission's determinations 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 24, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-13830 Filed 6-28-21; 8:45 am]
BILLING CODE 7020-02-P
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