Notice2022-01565
Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof; Notice of Institution of Investigation
Primary source
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Published
January 27, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 22, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of OPEX Corporation of Moorestown, New Jersey. A supplement was filed on January 10, 2022. 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 automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts thereof by reason of infringement of certain claims of U.S. Patent No. 8,104,601 ("the '601 patent"), U.S. Patent No. 8,276,740 ("the '740 patent"), U.S. Patent No. 8,622,194 ("the '194 patent"), and U.S. Patent No. 10,576,505 ("the '505 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests 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 87 Issue 18 (Thursday, January 27, 2022)</title>
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[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4290-4291]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01565]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1293]
Certain Automated Put Walls and Automated Storage and Retrieval
Systems, Associated Vehicles, Associated Control Software, and
Component Parts Thereof; Notice of Institution of Investigation
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 December 22, 2021, under section
337 of the Tariff Act of 1930, as amended, on behalf of OPEX
Corporation of
[[Page 4291]]
Moorestown, New Jersey. A supplement was filed on January 10, 2022. 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
automated put walls and automated storage and retrieval systems,
associated vehicles, associated control software, and component parts
thereof by reason of infringement of certain claims of U.S. Patent No.
8,104,601 (``the '601 patent''), U.S. Patent No. 8,276,740 (``the '740
patent''), U.S. Patent No. 8,622,194 (``the '194 patent''), and U.S.
Patent No. 10,576,505 (``the '505 patent''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The complainant requests that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The complaint, 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#db9e9f9288e893beb7ab9baea8b2afb8f5bcb4ad"><span class="__cf_email__" data-cfemail="387d7c716b0b705d5448784d4b514c5b165f574e">[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: Jessica Mullan, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 21, 2022, 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 1-28 of the '601 patent; claims 1-5 and 8-25 of the '740 patent;
claims 1-10, 12-17, 19, and 20 of the '194 patent; and claims 1-5, 7-9,
and 11-21 of the '505 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 CFR 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 ``automated put walls
and automated storage and retrieval systems; vehicles associated with
these automated put walls and automated storage and retrieval systems;
control software associated with these automated put walls and
automated storage and retrieval systems; and component parts of these
automated put walls and automated storage and retrieval systems'';
(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 complainant is: OPEX Corporation, 305 Commerce Drive,
Moorestown, NJ 08057.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
HC Robotics (a.k.a. Huicang Information Technology Co., Ltd.), 3rd
Floor, Haiwei Building, No. 101 Binkang Road, Binjiang District,
Hangzhou City, Zheijang Province, China
Invata, LLC (d/b/a Invata Intralogistics), 1010 Spring Mill Avenue,
Suite 300, Conshohocken, PA 19428
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations is not participating as
a party to this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents 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 a 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.
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 (2021).
By order of the Commission.
Issued: January 21, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-01565 Filed 1-26-22; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on January 27, 2022.
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