Notice2022-12802
Certain Residential Premises Security Monitoring and Automation Panels, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination of Non-Infringement; Termination of the Investigation
Primary source
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Published
June 14, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 18) of the presiding administrative law judge ("ALJ") granting summary determination of no violation based on non- infringement of the asserted patent claims. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 114 (Tuesday, June 14, 2022)</title>
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[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 35996-35997]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12802]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1273]
Certain Residential Premises Security Monitoring and Automation
Panels, and Components Thereof; Notice of Commission Determination Not
To Review an Initial Determination of Non-Infringement; 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 not to review an initial determination
(``ID'') (Order No. 18) of the presiding administrative law judge
(``ALJ'') granting summary determination of no violation based on non-
infringement of the asserted patent claims. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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#1f5a5b564c2c577a736f5f6a6c766b7c31787069"><span class="__cf_email__" data-cfemail="84c1c0cdd7b7cce1e8f4c4f1f7edf0e7aae3ebf2">[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 5, 2021, 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 ADT LLC and the ADT Security Corporation, both of Boca Raton,
Florida, (collectively, ``ADT''). 86 FR 42879-80. The complaint, as
supplemented, alleges a violation of section 337 based upon the
importation into the United States, sale for importation, or sale after
importation into the United States of certain residential premises
security monitoring and automation control panels, and components
thereof by reason of infringement of claims 1 and 12 of U.S. Patent No.
8,976,937 (``the '937 patent'') and claims 1-4, 7-15, and 18-20 of U.S.
Patent No. 9,286,772 (``the '772 patent''). Id. at 42880. The complaint
also alleges the existence of a domestic industry. The notice of
investigation names as a respondent Vivint, Inc., of Provo, Utah
(``Vivint''). Id. The Office of Unfair Import Investigations (``OUII'')
is also a party to the investigation. 87 FR 476 (Jan. 5, 2022).
The Commission subsequently terminated the investigation with
respect to all asserted claims of the '937 patent and claims 1, 7-12,
and 18-20 of the '772 patent based on withdrawal of the complaint as to
those claims. Order No. 10 (Dec. 17, 2021), unreviewed by Notice (Jan.
18, 2022); Order No. 15 (Mar. 21, 2022), unreviewed by Notice (Apr. 12,
2022). Claims 2, 3, and 4 of the '772 patent are therefore the only
claims that remain in the investigation.
On March 10, 2022, Vivint moved for a summary determination
pursuant to Commission Rule 210.18 (19 CFR 210.18) of no violation of
section 337 based on invalidity, and alternatively, non-infringement.
Vivint argued that the ``processor'' limitations of the asserted claims
should be construed to allow those limitations to be satisfied by
multiple processors, and that under that construction, all the asserted
claims are invalid as anticipated by U.S. Patent Pub. No. 2010/0102171.
Vivint alternatively argued that, if the ``processor'' limitations of
the asserted claims are construed to require that a single processor
must satisfy all of the ``processor'' limitations, none of the accused
products infringe the asserted claims because no single processor
satisfies all the ``processor'' limitations.
On March 21, 2022, ADT filed a response opposing the motion,
arguing that the ``processor'' limitations require a single processor,
but contending that the accused products contained a processor that
satisfied all the limitations. On March 28, OUII filed a response in
support of the motion, arguing that the ``processor'' limitations
require at least one processor that satisfies all the ``processor''
limitations and that the accused products do not infringe because they
do not contain a processor that satisfies all of the ``processor''
limitations. On March 24, 2022, and March 31, 2022, Vivint filed
replies to ADT's and OUII's responses, respectively.
On April 22, 2022, the ALJ issued the subject ID (Order No. 18)
pursuant to Commission Rules 210.18(b) and 210.42(c) (19 CFR 210.18(b),
210.42(c)), granting in part Vivint's motion and finding summary
determination of no violation because ADT failed to establish that the
accused products infringe any asserted claim. The ID finds that the
``processor'' limitations require at least one processor that satisfies
all of the ``processor'' limitations, and that ADT failed to show that
the accused products contain a ``processor'' that satisfies all the
``processor'' limitations.
On May 4, 2022, ADT filed a petition for review of the ID. Also on
May 4, 2022, Vivint filed a contingent petition for review of the ID.
On May 9, 2022, Vivint responded to ADT's petition, and on May 11,
2022, ADT responded to Vivint's contingent petition for review. Also on
May 11, 2022, OUII responded to both petitions.
The Commission has determined not to review the subject ID. The
investigation is hereby terminated with a finding of no violation.
The Commission vote for this determination took place on June 8,
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
[[Page 35997]]
210 of the Commission's Rules of Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: June 8, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12802 Filed 6-13-22; 8:45 am]
BILLING CODE 7020-02-P
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