Notice2022-13717
Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, and Components Thereof; Commission Decision To Review in Part a Final Initial Determination; Commission Final Determination Finding No Violation of Section 337; Termination of Investigation
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Published
June 28, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination ("FID") of the presiding Administrative Law Judge ("ALJ"). On review, the Commission affirms the FID's finding of no violation of section 337 of the Tariff Act of 1930, as amended, in this investigation. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 123 (Tuesday, June 28, 2022)</title>
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[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38424-38425]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13717]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1258]
Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC
Control Systems, and Components Thereof; Commission Decision To Review
in Part a Final Initial Determination; Commission Final Determination
Finding No Violation of Section 337; Termination of 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 review in part a final initial
determination (``FID'') of the presiding Administrative Law Judge
(``ALJ''). On review, the Commission affirms the FID's finding of no
violation of section 337 of the Tariff Act of 1930, as amended, in this
investigation. The investigation 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#51141518026219343d211124223825327f363e27"><span class="__cf_email__" data-cfemail="8dc8c9c4debec5e8e1fdcdf8fee4f9eea3eae2fb">[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 April 2, 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 EcoFactor, Inc. of Palo Alto, California (``Complainant''). See 86
FR 17402-03 (Apr. 2, 2021). The complaint, as amended and supplemented,
alleges a violation of section 337 based upon the importation into the
United States, the sale for
[[Page 38425]]
importation, and the sale within the United States after importation of
certain smart thermostat systems, smart HVAC systems, smart HVAC
control systems, and components thereof by reason of infringement of
certain claims of U.S. Patent Nos. 8,423,322 (``the '322 patent'');
8,019,567 (``the '567 patent''); 10,612,983 (``the '983 patent'');
8,596,550 (``the '550 patent''); and 8,886,488 (``the '488 patent'').
See id. The notice of investigation names the following respondents:
ecobee Ltd. and ecobee, Inc. of Toronto, Canada (collectively,
``ecobee''); Google LLC of Mountain View, California (``Google'');
Carrier Global Corporation of Palm Beach Gardens, Florida
(``Carrier''); Emerson Electric Co. of St. Louis, Missouri
(``Emerson''); Honeywell International Inc. of Charlotte, North
Carolina (``Honeywell''); Resideo Technologies, Inc. of Austin, Texas
(``Resideo''); Johnson Controls International, PLC of Cork, Ireland
(``JCP''); and Siemens Industry, Inc. of Buffalo Grove, Illinois and
Siemens AG of Munich, Germany (collectively, ``Siemens''). See id. The
Office of Unfair Import Investigations is not a party to the
investigation. See id.
The Commission previously terminated the investigation as to
respondents Emerson, Siemens, Honeywell, Resideo, and Carrier based on
the withdrawal of the allegations in the complaint as to those
respondents. See Order No. 3 (Apr. 12, 2021), unreviewed by Comm'n
Notice (Apr. 29, 2021); Order No. 7 (May 13, 2021), unreviewed by
Comm'n Notice (May 24, 2021); Order No. 13 (July 16, 2021), unreviewed
by Comm'n Notice (July 30, 2021).
On May 11, 2021, the Commission amended the complaint and notice of
investigation to add respondent Johnson Controls Inc. (``JCI'') and to
terminate respondent JCP. See Order No. 4 (Apr. 20, 2021), unreviewed
by Comm'n Notice (May 11, 2021). On August 6, 2021, the Commission
terminated the investigation as to JCI based on settlement. See Order
No. 17 (Aug. 6, 2021), unreviewed by Comm'n Notice (Aug. 18, 2021).
Respondents ecobee and Google (hereinafter, ``Respondents'') remain in
this investigation.
On August 18, 2021, the Commission terminated the investigation as
to the '322 patent based on the withdrawal of the allegations in the
complaint as to that patent. See Order No. 16 (Aug. 5, 2021),
unreviewed by Comm'n Notice (Aug. 18, 2021). On December 8, 2021, the
Commission terminated the investigation as to the '567 and '983 patents
based on the withdrawal of the allegations in the complaint as to those
patents. See Order No. 26 (Nov. 8, 2021), unreviewed by Comm'n Notice
(Dec. 8, 2021). Claims 9 and 17 of the '550 patent and claims 1 and 2
of the '488 patent (collectively, ``the Asserted Patents'') remain in
this investigation.
On September 1, 2021, the ALJ issued a claim construction order
construing certain terms disputed by the parties before the ALJ. See
Order No. 18 (Sept 1, 2021). In addition, the ALJ determined that the
asserted claims of the '567 patent were invalid as indefinite. See id.
On April 4, 2022, the ALJ issued the FID finding no violation of
section 337. In particular, the FID finds that Complainant failed to
establish infringement of any of the asserted claims of the '550 and
'488 patents by the Respondents. In addition, the FID finds all of the
asserted claims to be invalid as follows: (1) claims 9 and 17 of the
'550 patent and claims 1 and 2 of the '488 patent lack written
description under 35 U.S.C. 112 (section 112); and (2) claim 9 (but not
claim 17) of the '550 patent and claims 1 and 2 of the '488 patent are
patent ineligible under 35 U.S.C. 101 (section 101). The FID also finds
that claims 9 and 17 of the '550 patent and claims 1 and 2 of the '488
patent are not invalid as anticipated or obvious under 35 U.S.C. 102 or
103 (section 102 or 103). Furthermore, the FID finds that the technical
prong is not satisfied with respect to any of the asserted claims. The
FID also finds that the economic prong of the domestic industry
requirement is satisfied with respect to both Asserted Patents.
The ALJ's Recommended Determination (``RD'') recommends, should the
Commission find a violation of section 337, that the Commission issue a
limited exclusion order against smart thermostat systems, smart HVAC
systems, smart HVAC control systems, and components thereof imported by
or on behalf of the Respondents. The RD does not recommend issuance of
a cease and desist order against any of the Respondents. In addition,
the RD recommends that the Commission decline to set a bond during the
period of Presidential review.
On April 18, 2022, both Complainant and Respondents filed petitions
for Commission review of the FID. Complainant petitions for Commission
review of the FID's findings on: (1) certain claim constructions; (2)
non-infringement; (3) invalidity for lack of written description under
section 112; and (4) patent ineligibility under section 101 of claim 9
of the '550 patent and claims 1 and 2 of the '488 patent. Respondents
contingently petition for Commission review of the FID's findings on:
(1) certain infringement findings; (2) validity of claims 1 and 2 of
the '488 patent under section 102 or 103; (3) patent eligibility of
claim 17 of the '550 patent under section 101; and (4) the economic
prong of the domestic industry requirement. On April 26, 2022, the
parties filed responses to each other's petition.
Having examined the record of this investigation, including the FID
and the parties' submissions, the Commission has determined to review
in part and, upon review, to affirm the FID's determination of no
violation of section 337. Specifically, as explained in the Commission
Opinion issued concurrently herewith, the Commission has determined to:
(1) modify the FID's claim construction findings with respect to the
terms ``measurement'' and ``operational efficiency''; (2) affirm with
modifications the FID's non-infringement findings as to both Asserted
Patents; (3) take no position as to the FID's finding that the
technical prong of the domestic industry requirement is not satisfied
as to both Asserted Patents; (4) take no position as to the FID's
invalidity findings for lack of written description and patent
ineligibility as to both Asserted Patents; (5) take no position as to
the FID's finding that claim 1 of the '488 patent is not anticipated by
U.S. Patent No. 6,478,233 (``Shah'') and that claim 2 of the '488
patent is not obvious over Shah in view of U.S. Patent No. 6,789,739
(``Rosen''); and (6) take no position as to the economic prong of the
domestic industry requirement. The Commission adopts all findings in
the FID that are not inconsistent with the Commission's determination.
The investigation is terminated.
The Commission's vote for this determination took place on June 22,
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: June 22, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-13717 Filed 6-27-22; 8:45 am]
BILLING CODE 7020-02-P
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