Notice2022-03684
Notice of a Final Determination Finding No Violation of Section 337; Termination of the Investigation
Primary source
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Published
February 22, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to affirm in part, modify in part, and reverse in part the Administrative Law Judge's ("ALJ") final initial determination ("ID"), issued on October 7, 2021, finding no violation of section 337 in the above-referenced investigation as to three asserted patents. The Commission affirms the ID's determination that no violation of section 337 has occurred based on the importation of certain electronic stud finders, metal detectors, and electrical scanners. This investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 35 (Tuesday, February 22, 2022)</title>
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[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9642-9643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03684]
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INTERNATIONAL TRADE COMMISSION
Certain Electronic Stud Finders, Metal Detectors and Electrical
Scanners
[Investigation No. 337-TA-1221]
Notice of a Final Determination Finding No Violation of Section
337; 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 determined to affirm in part, modify in part, and
reverse in part the Administrative Law Judge's (``ALJ'') final initial
determination (``ID''), issued on October 7, 2021, finding no violation
of section 337 in the above-referenced investigation as to three
asserted patents. The Commission affirms the ID's determination that no
violation of section 337 has occurred based on the importation of
certain electronic stud finders, metal detectors, and electrical
scanners. This investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. 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#6b2e2f223858230e071b2b1e18021f08450c041d"><span class="__cf_email__" data-cfemail="9adfded3c9a9d2fff6eadaefe9f3eef9b4fdf5ec">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On October 5, 2020, the Commission
instituted this investigation based on a complaint filed on behalf of
Zircon Corporation of Campbell, California (``Zircon''). 85 FR 62758-59
(Oct. 5, 2020). The complaint alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain electronic
stud finders, metal detectors, and electrical scanners by reason of
infringement of one or more claims of U.S. Patent Nos. 6,989,662 (``the
'662 patent''), 7,148,703 (``the '703 patent''), 8,604,771 (``the '771
patent''), and 9,475,185 (``the '185 patent''). Id. at 62759. The
Commission's notice of investigation named as respondents Stanley Black
& Decker, Inc. of New Britain, Connecticut, and Black & Decker (U.S.),
Inc. of Towson, Maryland (together, ``Respondents''). Id. The Office of
Unfair Import Investigations is not participating in this
investigation. Id.
On April 22, 2021, the ALJ issued a claim construction order based
on briefs submitted by the parties. See Order No. 20. On June 15, 2021,
the ALJ granted a motion for summary determination of no infringement
concerning the '703 patent, which terminated that patent from the
investigation. See Order No. 27, unreviewed by Comm'n Notice (July 15,
2021).
On October 7, 2021, the ALJ issued the subject ID, which found no
violation of section 337 as to any claim of the remaining asserted
patents by Respondents. Also, on October 7, 2021, the ALJ issued his
recommended determination (``RD'') on remedy and bonding. The ALJ
recommended, upon a finding of violation, that the Commission issue a
limited exclusion order and impose a bond in the amount of zero percent
of the entered value of any covered products imported during the period
of Presidential review.
On October 19, 2021, Zircon and Respondents submitted petitions for
review of the ID. On October 27, 2021, Zircon and Respondents submitted
responses to the petitions.
On December 6, 2021, the Commission issued notice of its
determination to review the ID with respect to (1) the ID's
infringement findings for the '662 patent; (2) the ID's findings on the
technical prong of the domestic industry requirement for the '662
patent; (3) the ID's obviousness findings for the '662 patent; (4) the
ID's infringement findings for the '771 patent; (5) the ID's
anticipation and obviousness findings for the '771 patent; (6) the ID's
claim construction and infringement findings for the '185
[[Page 9643]]
patent; (7) the ID's anticipation and obviousness findings for the '185
patent; and (8) the ID's findings on the economic prong of the domestic
industry requirement. In connection with its review of the ID, the
Commission sought briefing from the parties on several questions
germane to the issues on review and on remedy, bonding, and the public
interest.
On December 23, 2021, the parties submitted briefs responding to
the questions posed in the Commission's Notice of Review and on remedy,
the public interest, and bond. Thereafter, on January 7, 2022, each
submitted a reply to the other's brief on review.
Having considered the parties' submissions, the ID, and the record
in this investigation, the Commission has determined that no violation
of section 337 has occurred based on Respondents' importation, sale for
importation, or sale after importation of certain electronic stud
finders, metal detectors, and electrical scanners into the United
States. The Commission has further determined to affirm, modify,
reverse, and take no position on certain portions of the ID, as
explained in the Commission's opinion issued concurrently herewith.
This investigation is terminated.
The Commission vote for this determination took place on February
15, 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
210).
By order of the Commission.
Issued: February 15, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-03684 Filed 2-18-22; 8:45 am]
BILLING CODE 7020-02-P
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