Notice2022-07096
Certain Movable Barrier Operator Systems and Components Thereof; Commission Determination To Amend the Notice of Investigation and Institute a Modification Proceeding; Issuance of a Modified Limited Exclusion Order and a Modified Cease and Desist Order; Termination of the Modification Proceeding
Primary source
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Published
April 5, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to amend the notice of investigation to clarify that the scope of the investigation includes garage door openers, gate operators, and commercial operators. The Commission has also determined to institute a modification proceeding and modify the limited exclusion order ("LEO") and the cease and desist order ("CDO") (collectively, "the remedial orders") issued in this investigation to explicitly recite garage door openers, gate operators, and commercial operators in the definition of covered products or articles. The modification proceeding is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 65 (Tuesday, April 5, 2022)</title>
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[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Notices]
[Pages 19709-19710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07096]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1209 (Modification)]
Certain Movable Barrier Operator Systems and Components Thereof;
Commission Determination To Amend the Notice of Investigation and
Institute a Modification Proceeding; Issuance of a Modified Limited
Exclusion Order and a Modified Cease and Desist Order; Termination of
the Modification Proceeding
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 amend the notice of investigation to
clarify that the scope of the investigation includes garage door
openers, gate operators, and commercial operators. The Commission has
also determined to institute a modification proceeding and modify the
limited exclusion order (``LEO'') and the cease and desist order
(``CDO'') (collectively, ``the remedial orders'') issued in this
investigation to explicitly recite garage door openers, gate operators,
and commercial operators in the definition of covered products or
articles. The modification proceeding 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="7336373a20403b161f033306001a07105d141c05">[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 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''); 9,483,935 (``the '935 patent'');
7,956,718 (``the '718 patent''); and 8,410,895 (``the '895 patent'').
See id. The notice of investigation states that the scope of the
investigation is defined as ``garage door systems and components
thereof, remote controls, wireless transmitters, and software for
operating the garage door systems.'' See id. The notice of
investigation names The Chamberlain Group, Inc. (``Respondent'') 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 September 14, 2021, the presiding Administrative Law Judge
issued a final initial determination finding a violation of section 337
with respect to the '345, '935, '260, '718, and '895 patents.
On February 9, 2022, the Commission issued a final determination
finding a violation of section 337, based on Respondent's infringement
of the asserted claims of the '935 patent, the '718 patent, and the
'895 patent, but not the '345 and '260 patents. See 87 FR 8605-06 (Feb.
15, 2022). The Commission further determined, upon consideration of the
public interest, to: (1) Issue an LEO against Respondent's infringing
products and a CDO against the Respondent; and (2) set a bond during
the period of Presidential review in the amount of one hundred (100)
percent of the entered value of the infringing articles. See id.
On February 28, 2022, Complainants filed an expedited motion to
clarify, or in the alternative, a petition for a modification
proceeding requesting the Commission to confirm that the remedial
orders cover garage door openers, gate operators, and commercial
operators. On March 10, 2022, Respondent filed a response in opposition
to Complainants' motion and/or petition. On March 17, 2022,
Complainants filed a notice of supplemental facts in support of their
motion and/or petition. On March 18, 2022, Respondent filed a response
to
[[Page 19710]]
Complainants' notice of supplemental facts.
Having reviewed the record of the underlying violation
investigation, as well as the parties' submissions in connection with
the motion and/or petition, the Commission has determined to grant both
forms of requested relief, i.e., clarification and modification.
Specifically, the Commission has determined to clarify that the notice
of investigation and the remedial orders as originally issued cover
garage door openers, gate operators, and commercial operators. In
addition, to provide further clarity, the Commission has determined to
amend the notice of investigation to define the accused products and
the scope of the investigation as ``garage door systems and components
thereof, including garage door openers, gate operators, commercial
operators, remote controls, wireless transmitters, and software for
operating the garage door systems.'' Furthermore, the Commission has
determined to institute a modification proceeding and modifies the
remedial orders to explicitly recite ``garage door openers, gate
operators, and commercial operators'' in the definition of covered
products or articles. The modification proceeding is terminated. A
Commission opinion is issued herewith.
The Commission's vote on this determination took place on March 30,
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: March 30, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-07096 Filed 4-4-22; 8:45 am]
BILLING CODE 7020-02-P
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