Notice2021-27702
Certain Light-Emitting Diode Products, Fixtures, and Components Thereof Notice of a Commission Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 22, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined to affirm a final initial determination ("ID") of the presiding administrative law judge ("ALJ") finding a violation of section 337 by the accused products of respondent RAB Lighting Inc. ("RAB") of Northvale, New Jersey. The Commission has issued a limited exclusion order ("LEO") directed against infringing light-emitting diode products, fixtures, and components thereof of RAB and a cease and desist order ("CDO") directed against RAB. The investigation is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72623-72624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27702]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1213]
Certain Light-Emitting Diode Products, Fixtures, and Components
Thereof Notice of a Commission Determination Finding a Violation of
Section 337; Issuance of Limited Exclusion Order and Cease and Desist
Order; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to affirm a final
initial determination (``ID'') of the presiding administrative law
judge (``ALJ'') finding a violation of section 337 by the accused
products of respondent RAB Lighting Inc. (``RAB'') of Northvale, New
Jersey. The Commission has issued a limited exclusion order (``LEO'')
directed against infringing light-emitting diode products, fixtures,
and components thereof of RAB and a cease and desist order (``CDO'')
directed against RAB. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation 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#70353439234338151c003005031904135e171f06"><span class="__cf_email__" data-cfemail="ace9e8e5ff9fe4c9c0dcecd9dfc5d8cf82cbc3da">[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 this investigation
on August 17, 2020, based on a complaint filed on behalf of Ideal
Industries Lighting LLC d/b/a Cree Lighting (``Cree'') of Durham, North
Carolina. 85 FR 50047-48 (Aug. 17, 2020). The complaint, as
supplemented, alleges violations of the Tariff Act of 1930, as amended,
19 U.S.C. 1337 (``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 light-emitting diode products,
fixtures, and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 8,403,531 (``the '531 patent''); 8,596,819
(``the '819 patent''); 8,777,449 (``the '449 patent''); 9,261,270
(``the '270 patent''); and 9,476,570 (``the '570 patent''). The
complaint further alleges the existence of a domestic industry. The
Commission's notice of investigation (``NOI'') named RAB as the sole
respondent. The Office of Unfair Import Investigations is not
participating in the investigation. The Commission previously
terminated the following claims from the investigation: (1) Claims 1-9
and 11-14 of the '449 patent; (2) claims 3-12 of the '270 patent;
claims 17, 21, and 24 of the '531 patent; and (3) claims 2, 6-9, and
11-24 of the '570 patent. See Order No. 13 (Jan. 8, 2021), unreviewed
by Comm'n Notice (Jan. 26, 2021); Order No. 25 (May 5, 2021),
unreviewed by Comm'n Notice (May 21, 2021). The Commission also amended
the complaint and NOI to add asserted claim 11 of the `531 patent. See
Order No. 13 (Jan. 8, 2021), unreviewed by Comm'n Notice (Jan. 26,
2021).
On August 17, 2021, the ALJ issued the final ID finding a violation
of section 337 based on infringement of the asserted claims of the '270
and '570 patents. The ID finds no violation of section 337 with respect
to the '531 and '819 patents on the basis of patent-ineligible subject
matter, lack of enablement, and lack of written description. The ID
also finds no violation with respect to the '449 patent based on
findings that the accused products do not infringe asserted claim 10;
the asserted claims are invalid for lack of enablement; and the
domestic industry products do not practice one or more claims. The ALJ
recommended, should the Commission find a violation, issuing a limited
exclusion order directed to RAB's infringing products and a cease and
desist order directed to RAB and requiring a bond in the amount of five
(5) percent for importation of infringing articles during the period of
Presidential review.
On October 25, 2021, the Commission determined to review the final
ID in part. Specifically, the Commission determined to review the ID's
finding that: (1) The asserted claims of the '531 patent and '819
patent are invalid due to patent-ineligible subject matter, lack of
enablement, and lack of written description and (2) the '819 patent is
prior art to claims 1, 10-12, and 26 of the '531 patent. The Commission
determined not to review the remainder of the ID, including the ID's
finding of a violation with respect to the '270 and '570 patents. 86 FR
60071-72 (Oct. 29, 2021). The Commission also requested written
submissions from the parties, interested government agencies, and other
interested persons on the issues of remedy, the public interest, and
bonding. Id.
On November 8 and 15, 2021, Cree and RAB each filed a brief and a
reply brief, respectively, on remedy, the public interest, and bonding.
The Commission received no other submissions.
Having reviewed the record in this investigation, including the
final ID and the parties' briefing, the Commission has determined, on
review, to: (1) Affirm the ID's finding that the asserted claims of the
'531 and '819 patents are patent ineligible; (2) take no position on
the ID's finding that the asserted claims of the '531 and '819 patents
are invalid due to lack of enablement and lack of written description;
and (3) take no position on the ID's finding that the '819 patent is
prior art to claims 1, 10-12, and 26 of the '531 patent. Accordingly,
the Commission affirms the ID's finding of no violation as to the '531
and '819 patents.
The Commission has adopted the final ID's finding of a violation of
section 337 as to the '270 and '570 patents. The Commission has
determined that the appropriate form of relief is an LEO prohibiting
the entry of unlicensed light-emitting diode products, fixtures, and
components thereof that infringe one or more of claims 1-2 of the '270
patent and claims 1, 3-5, and 10 of the '570 patent, and that are
manufactured abroad by or on behalf of, or imported by or on behalf of
RAB, or any of its affiliated companies, parents, subsidiaries, or
other related business entities, or their successors or assigns
(collectively, ``the covered articles''). Appropriate relief also
includes a CDO prohibiting RAB from conducting any of the following
activities in the United States: Importing, selling, marketing,
advertising, distributing, offering for sale, transferring (except for
exportation), and soliciting U.S. agents or distributors for light-
emitting diode products, fixtures, and components thereof that infringe
one or more of claims 1-2 of the '270 patent and claims 1, 3-5, and 10
of the '570 patent.
[[Page 72624]]
The Commission has further determined that the public interest
factors enumerated in sections 337(d)(1) and 337(f)(1) (19 U.S.C.
1337(d)(1) and 1337(f)(1)) do not warrant denying relief. Finally, the
Commission has determined that a bond in the amount of five (5) percent
of the entered value of the covered articles is required during the
period of Presidential review (19 U.S.C. 1337(j)). The Commission's
order was delivered to the President and to the United States Trade
Representative on the day of its issuance.
The Commission issues its opinion herewith setting forth its
determinations on the remedy issues. The investigation is terminated.
The Commission vote for this determination took place on December
16, 2021.
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: December 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27702 Filed 12-21-21; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.