Notice2022-10151
Certain Light-Emitting Diode Products, Fixtures, and Components Thereof; Notice of a Commission Determination To Institute a Rescission Proceeding and Grant a Joint Petition To Rescind Remedial Orders; Termination of Rescission Proceeding
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
May 12, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined to institute a rescission proceeding and grant a joint petition to rescind remedial orders issued in the underlying investigation. The rescission proceeding is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29178-29179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10151]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1213 (Rescission)]
Certain Light-Emitting Diode Products, Fixtures, and Components
Thereof; Notice of a Commission Determination To Institute a Rescission
Proceeding and Grant a Joint Petition To Rescind Remedial Orders;
Termination of Rescission Proceeding
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 institute a
rescission proceeding and grant a joint petition to rescind remedial
orders issued in the underlying investigation. The rescission
proceeding 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#85c0c1ccd6b6cde0e9f5c5f0f6ecf1e6abe2eaf3"><span class="__cf_email__" data-cfemail="b2f7f6fbe181fad7dec2f2c7c1dbc6d19cd5ddc4">[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, alleged 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 alleged the existence of a domestic industry. The
Commission's notice of investigation named RAB Lighting Inc. (``RAB'')
of Northvale, New Jersey as the sole respondent. The Office of Unfair
Import Investigations did not participate in the investigation.
On August 17, 2021, the presiding administrative law judge issued a
final initial determination (``ID'') finding a violation of section 337
based on infringement of the asserted claims of the '270 and '570
patents, and finding no violation with respect to the '531, '819, and
'449 patents.
On October 25, 2021, the Commission determined not to review the
ID's finding of a violation with respect to the '270 and '570 patents
and the ID's finding of no violation with respect to the '449 patent.
86 FR 60071-72 (Oct. 29, 2021).
On December 16, 2021, the Commission, on review, issued a final
determination affirming the ID's finding of no violation as to the '531
and '819 patents. 86 FR 72623-24 (Dec. 22, 2021). As a remedy for the
finding of a violation with respect to the '270 and '570 patents, the
Commission issued a limited exclusion order (``LEO'') directed against
RAB's infringing products and a cease and desist order (``CDO'')
directed against RAB. Id.
Cree and RAB each timely appealed the Commission's final
determination to the U.S. Court of Appeals for the Federal Circuit. The
separate appeals were subsequently consolidated. On March 28, 2022, the
Cree and RAB jointly moved to voluntarily dismiss their appeal and
cross-appeal. See Ideal Industries Lighting LLC v. ITC, Appeal Nos.
2022-1484, -1501, Joint Stipulation for Voluntary Dismissal (Mar. 28,
2022). The Federal Circuit granted the motion and dismissed the appeals
the following day. See Ideal Industries Lighting LLC v. ITC, Appeal
Nos. 22-1484, -1501, Order (Fed. Cir. Mar. 29, 2022).
On April 8, 2022, Cree and RAB jointly petitioned to rescind the
previously-issued LEO and CDO based on settlement pursuant to 19 U.S.C.
1337(k) and Commission Rule 210.76(a) (19 CFR 210.76(a)). The parties
filed both confidential and public versions of the settlement
agreements.
Upon consideration of the parties' joint petition, the Commission
has determined to institute a recission proceeding, grant the parties'
joint
[[Page 29179]]
petition, and rescind the remedial orders in this investigation. This
rescission proceeding is terminated.
The Commission vote for this determination took place on May 6,
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: May 6, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-10151 Filed 5-11-22; 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 May 12, 2022.
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.