Notice2022-03167
Certain Movable Barrier Operator Systems and Components Thereof; Notice of Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation
Primary source
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Published
February 15, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The Commission has issued a limited exclusion order ("LEO") prohibiting the importation of certain movable barrier operator systems and components thereof that are imported by or on behalf of The Chamberlain Group, Inc. of Oak Brook, Illinois ("Respondent"), and that infringe claims 1, 4, 16, and 19 of U.S. Patent No. 9,483,935 ("the '935 patent"); claims 18 and 24 of U.S. Patent No. 7,956,718 ("the '718 patent") and claim 17 of U.S. Patent No. 8,410,895 ("the '895 patent"). The Commission has also issued a cease and desist order ("CDO") against Respondent. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8605-8606]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03167]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1209]
Certain Movable Barrier Operator Systems and Components Thereof;
Notice of Commission Final Determination Finding a Violation of Section
337; Issuance of a Limited Exclusion Order and a Cease and Desist
Order; Termination of the 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 found a violation of section 337 of the Tariff Act of
1930, as amended, in the above-captioned investigation. The Commission
has issued a limited exclusion order (``LEO'') prohibiting the
importation of certain movable barrier operator systems and components
thereof that are imported by or on behalf of The Chamberlain Group,
Inc. of Oak Brook, Illinois (``Respondent''), and that infringe claims
1, 4, 16, and 19 of U.S. Patent No. 9,483,935 (``the '935 patent'');
claims 18 and 24 of U.S. Patent No. 7,956,718 (``the '718 patent'') and
claim 17 of U.S. Patent No. 8,410,895 (``the '895 patent''). The
Commission has also issued a cease and desist order (``CDO'') against
Respondent. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#0c4948455f3f4469607c4c797f65786f226b637a"><span class="__cf_email__" data-cfemail="6326272a30502b060f132316100a17004d040c15">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its
[[Page 8606]]
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 on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On August 10, 2020, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Overhead Door Corporation of Lewisville, Texas and
GMI Holdings Inc. of Mount Hope, Ohio (collectively, ``Complainants'').
See 85 FR 48264-65 (Aug. 10, 2020). The complaint, as supplemented,
alleges a violation 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 movable barrier operator systems
and components thereof by reason of infringement of U.S. Patent Nos.
8,970,345 (``the '345 patent''); 7,173,516 (``the '516 patent'');
7,180,260 (``the '260 patent''); the '935 patent; the '718 patent; and
the '895 patent. See id. The notice of investigation names The
Chamberlain Group, Inc. of Oak Brook, Illinois as the respondent in
this investigation. See id. The Office of Unfair Import Investigations
is not a party to the investigation. See id.
On February 10, 2021, the Commission terminated the investigation
as to the '516 patent based on the withdrawal of the allegations in the
complaint as to that patent. See Order No. 10 (Jan. 19, 2021),
unreviewed by Comm'n Notice (Feb. 10, 2021).
On May 26, 2021, Commission determined not to review an initial
determination granting Complainants' motion for summary determination
that the economic prong of the domestic industry requirement is
satisfied. See Order No. 12 (April 26, 2021), unreviewed by Comm'n
Notice (May 26, 2021).
On September 14, 2021, the presiding Administrative Law Judge
(``ALJ'') issued a final initial determination (``FID'') finding a
violation of section 337 based on the infringement by Respondent of all
of Complainants' asserted patent claims. Specifically, the FID finds
that: (1) The asserted patent claims are all infringed by Respondent's
accused products and redesigned products; (2) the domestic industry
products practice the asserted patents; and (3) the asserted patents
are not invalid under 35 U.S.C. 101, 102, or 103. The ALJ also issued a
recommended determination (``RD'') recommending, should the Commission
find a violation of section 337, that the Commission issue: (1) A
limited exclusion order against certain movable barrier operator
systems and components thereof that are imported into the United
States, sold for importation, and sold within the United States after
importation, by the Respondent; and (2) a cease and desist order
against the Respondent. The RD also recommends that the Commission set
a bond during the period of Presidential review in an amount of 100
percent of the entered value of the movable barrier operator systems
imported by or on behalf of the Respondent.
On October 14, 2021, the parties filed statements on the public
interest pursuant to Commission Rule 210.50, 19 CFR 210.50. Between
October 20, 2021, and November 3, 2021, members of the public filed
written submissions in response to the Federal Register notice
requesting public interest comments. See 86 FR 56982-83 (Oct. 13,
2021).
On December 6, 2021, the Commission issued a notice determining to
review the FID in part (``the WTR Notice''). See 86 FR 70527-29 (Dec.
10, 2021). The WTR Notice also requested written submissions from the
parties on the issues under review, and from the parties, interested
government agencies, and any other interested parties on issues of
remedy, the public interest, and bonding. See id.
On December 13, 2021, the parties filed written submissions in
response to the WTR Notice, and on December 20, 2020, the parties filed
responses to each other's submissions. On December 13, 2021, members of
the public filed written submissions concerning the public interest in
response to the WTR Notice.
Having examined the record of this investigation, including the
FID, the RD, and the parties' and non-parties' submissions, the
Commission has determined to affirm with modification the FID's
determination of a violation of section 337 with respect to claims 1,
4, 16, and 19 of the '935 patent; claims 18 and 24 of the '718 patent;
and claim 17 of the '895 patent. The Commission reverses and finds no
violation as to the asserted claims of the '345 and '260 patents.
Specifically, as explained in the Commission Opinion filed concurrently
herewith, the Commission has determined to: (1) Affirm with
modification the FID's infringement findings as to the asserted claims
of the '935 patent; (2) reverse the FID's infringement findings as to
the asserted claims of the '345 patent; (3) affirm with modification
the FID's validity findings as to the asserted claims of the '935 and
'345 patents over Keller (RX-44); (4) reverse the FID's infringement
findings as to the asserted claims of the '260 patent; (5) vacate and
take no position as to the FID's finding that the asserted claims of
the '260 patent are patent-eligible under 35 U.S.C. 101; (6) affirm
with modification the FID's infringement findings as to the asserted
claims of the '718 and '895 patents; and (7) affirm with modification
the FID's finding that the asserted claims of the '718 and '895 patents
are patent-eligible under 35 U.S.C. 101.
All findings in the FID that are not inconsistent with the
Commission's determination are affirmed.
The Commission has determined that the appropriate remedy is an LEO
against Respondent's infringing products and a CDO against Respondent.
The Commission has also determined that the public interest factors
enumerated in subsection 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1),
(f)(1)) do not preclude the issuance of the LEO and CDO. The Commission
has further determined to set a bond during the period of Presidential
review in the amount of 100 percent of the entered value of
Respondent's infringing products (19 U.S.C. 1337(j)).
The Commission's orders and opinion were delivered to the President
and to the United States Trade Representative on the day of their
issuance.
The Commission's vote for this determination took place on February
9, 2022.
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: February 9, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-03167 Filed 2-14-22; 8:45 am]
BILLING CODE 7020-02-P
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