Notice2022-10632
Certain Cloud-Connected Wood-Pellet Grills and Components Thereof; Notice of a Commission Determination To Issue a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation
Primary source
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Published
May 18, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission, having previously found a violation of section 337, has determined to issue a limited exclusion order ("LEO") directed against infringing cloud-connected wood-pellet grills and components thereof imported by or on behalf of respondent GMG Products LLC ("GMG") of Lakeside, Oregon and a cease and desist order ("CDO") directed against GMG. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 96 (Wednesday, May 18, 2022)</title>
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[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Notices]
[Pages 30263-30264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10632]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1237]
Certain Cloud-Connected Wood-Pellet Grills and Components
Thereof; Notice of a Commission Determination To Issue a Limited
Exclusion Order and 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, having previously found a violation of section 337, has
determined to issue a limited exclusion order (``LEO'') directed
against infringing cloud-connected wood-pellet grills and components
thereof imported by or on behalf of respondent GMG Products LLC
(``GMG'') of Lakeside, Oregon and a cease and desist order (``CDO'')
directed against GMG. The investigation 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#e3a6a7aab0d0ab868f93a396908a9780cd848c95"><span class="__cf_email__" data-cfemail="490c0d001a7a012c2539093c3a203d2a672e263f">[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 January 4, 2021, based on a complaint filed on behalf of Traeger
Pellet Grills LLC (``Traeger'') of Salt Lake City, Utah. 86 FR 129-30
(Jan. 4, 2021). The complaint, as supplemented, alleges violations of
section 337 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 cloud-connected wood-pellet grills and
components thereof by reason of infringement of certain claims of U.S.
Patent Nos. 10,218,833 (``the '833 patent'') and 10,158,720 (``the '720
patent''). The Commission's notice of investigation named GMG as the
sole respondent. The Office of Unfair Import Investigations is not
participating in the investigation.
The Commission previously found that Traeger has satisfied the
economic prong of the domestic industry requirement with respect to the
'833 and '720 patents. See Order No. 26 (Aug. 10, 2021), unreviewed by
Comm'n Notice (Sept. 9, 2021).
On September 3, 2021, the former chief administrative law judge
(``CALJ'') issued an initial determination (``ID'') (Order No. 28)
granting in part GMG's motion for summary determination of non-
infringement as to the '833 patent and terminating that patent from the
investigation. See Order No. 28 (Sept. 3, 2021). On October 6, 2021,
the Commission determined to review Order 28. Comm'n Notice (Oct. 6,
2021). On October 28, 2021, the Commission determined, on review, to
affirm with modification the ID's finding of non-infringement as to the
'833 patent. See Comm'n Notice (Oct. 28, 2021). Accordingly, the '833
patent was terminated from the investigation.
On December 6, 2021, the former CALJ issued a final ID finding a
violation of section 337 based on infringement (i.e., direct,
contributory, and induced) of asserted claims 1 and 2 of the '720
patent. The ID further finds that: (1) Traeger has satisfied the
technical prong of the domestic industry requirement; (2) GMG is
estopped from challenging the validity of the '720 patent based on the
prior art MAK and Fireboard systems; (3) the prior art MAK and
Fireboard systems do not render the asserted claims of the '720 patent
invalid due to anticipation under 35 U.S.C. 102(a) or obviousness under
35 U.S.C. 103; and (4) the '720 patent is not unenforceable due to
inequitable conduct. The former CALJ recommended, should the Commission
find a violation, the issuance of an LEO directed to GMG's infringing
products and a CDO directed to GMG, and requiring a bond in the amount
of 53.1 percent of the entered value for importation of infringing
articles during the period of Presidential review.
On December 20, 2021, GMG petitioned for review of certain aspects
of the final ID. Specifically, GMG petitioned for review of the ID's
findings regarding claim construction, infringement, the technical
prong of the domestic industry requirement, validity, and
enforceability with respect to the '720 patent. On December 28, 2021,
Traeger filed a response in opposition to GMG's petition for review.
The Commission received no submissions from the public in response
to its Federal Register notice requesting comments on the public
interest should the Commission find a violation of section 337. 86 FR
70860-61 (Dec. 13, 2021). Traeger and GMG did not submit any public
interest comments pursuant to Commission Rule 210.50(a)(4) (19 CFR
210.50(a)(4)).
On March 8, 2022, the Commission determined not to review the final
ID's finding of a violation of section 337 with respect to claims 1 and
2 of the '720 patent, thus adopting that finding. See Comm'n Notice
(Mar. 8, 2022); 87 FR 14288-89 (Mar. 14, 2022); see 19 CFR
210.42(h)(2). The Commission also requested written submissions from
the parties, interested government agencies, and other interested
persons on the issues of remedy, the public interest, and bonding. Id.
On March 22, 2022, Traeger and GMG each filed a brief on remedy,
the public interest, and bonding. On March 29, 2022, the parties filed
their reply briefs. The Commission received no other submissions.
Having reviewed the record in this investigation, including the
parties' briefing, the Commission has determined that the appropriate
form of relief is an LEO prohibiting the entry of unlicensed cloud-
connected wood-pellet grills and components thereof that infringe one
or more of claims 1 and 2 of the '720 patent, and that are manufactured
abroad by or on behalf of, or imported by or on behalf of, GMG or any
of its affiliated companies, parents, subsidiaries, agents, or other
related business entities, or their successors or assigns
(collectively, ``the covered articles''). The Commission has also
determined to issue a CDO prohibiting GMG from conducting, or aiding
and abetting, any of the following activities in the United States:
Importing, selling, marketing, advertising, distributing, offering for
sale, transferring (except for exportation), and soliciting U.S. agents
or distributors for cloud-connected wood-pellet grills and components
thereof that infringe one or more of claims 1-2 of the '720 patent.
The Commission has further determined that the public interest
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factors enumerated in sections 337(d)(1) and 337(f)(1) (19 U.S.C.
1337(d)(1) and 1337(f)(1)) do not warrant denying relief. Finally, the
Commission has determined that a bond in the amount of 53.1 percent of
the entered value of the covered articles is required during the period
of Presidential review pursuant to 19 U.S.C. 1337(j). The Commission's
order was delivered to the President and to the United States Trade
Representative on the day of its issuance.
The Commission issues its opinion herewith setting forth its
determinations on the remedy, bonding and public interest issues. The
investigation is terminated.
The Commission vote for this determination took place on May 12,
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 12, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-10632 Filed 5-17-22; 8:45 am]
BILLING CODE 7020-02-P
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