Notice2021-16689
Institution of Investigation; Certain Residential Premises Security Monitoring and Automation Control Panels, and Components Thereof
Primary source
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Published
August 5, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 30, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of ADT LLC of Boca Raton, Florida and The ADT Security Corporation of Boca Raton, Florida. Supplements to the complaint were filed on July 14 and 16, 2021. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain residential premises security monitoring and automation control panels, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,976,937 ("the '937 patent") and U.S. Patent No. 9,286,772 ("the '772 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42879-42880]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16689]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1273]
Institution of Investigation; Certain Residential Premises
Security Monitoring and Automation Control Panels, and Components
Thereof
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 30, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of ADT LLC of Boca
Raton, Florida and The ADT Security Corporation of Boca Raton, Florida.
Supplements to the complaint were filed on July 14 and 16, 2021. The
complaint, as supplemented,
[[Page 42880]]
alleges violations of section 337 based upon the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain residential premises security
monitoring and automation control panels, and components thereof by
reason of infringement of certain claims of U.S. Patent No. 8,976,937
(``the '937 patent'') and U.S. Patent No. 9,286,772 (``the '772
patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute. The
complainants request that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and cease
and desist orders.
ADDRESSES: The complaint, as supplemented, except for any confidential
information contained therein, may be viewed on the Commission's
electronic docket (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#0f4a4b465c3c476a637f4f7a7c667b6c21686079"><span class="__cf_email__" data-cfemail="084d4c415b3b406d6478487d7b617c6b266f677e">[email protected]</span></a>. Hearing impaired individuals
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. General information concerning the Commission may also
be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 30, 2021, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1 and 12 of the '937 patent and claims 1-4, 7-15, and 18-20 of
the '772 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFRCFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``the Vivint
SkyControl Panel, the Vivint Smart Hub Panel, and their components
thereto (namely, software and hardware including processors,
transceivers, and wireless communication modules) and other similar
residential security monitoring and home automation control panels and
their components'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
ADT LLC, 1501 Yamato Road, Boca Raton, FL 33431
The ADT Security Corporation, 1501 Yamato Road, Boca Raton, FL 33431
(b) The respondent is the following entity alleged to be in
violation of section 337, and is a party upon which the complaint is to
be served:
Vivint, Inc., 4931 North 300 West, Provo, UT 84604
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: July 30, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-16689 Filed 8-4-21; 8:45 am]
BILLING CODE 7020-02-P
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