Notice2022-18971
Certain Solar Power Optimizers, Inverters, and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
September 2, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 28, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ampt, LLC of Fort Collins, Colorado. The complaint was supplemented by letters on August 4, 11, and 15, 2022. The complaint, as supplemented, alleges violations 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 solar power optimizers, inverters, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,673,630 ("the '630 patent") and U.S. Patent 11,289,917 ("the '917 patent"). The complaint further alleges that an industry in the United States exists and/or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 87 Issue 170 (Friday, September 2, 2022)</title>
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[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54262-54263]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18971]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1327]
Certain Solar Power Optimizers, Inverters, and Components
Thereof; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 28, 2022, under section 337
of the Tariff Act of 1930, as amended, on behalf of Ampt, LLC of Fort
Collins, Colorado. The complaint was supplemented by letters on August
4, 11, and 15, 2022. The complaint, as supplemented, alleges violations
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 solar power optimizers, inverters, and
components thereof by reason of the infringement of certain claims of
U.S. Patent No. 9,673,630 (``the '630 patent'') and U.S. Patent
11,289,917 (``the '917 patent''). The complaint further alleges that an
industry in the United States exists and/or is in the process of being
established as required by the applicable Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
[[Page 54263]]
ADDRESSES: The complaint (and supplements to the complaint), except for
any confidential information contained therein, 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#6c2928253f5f2409001c2c191f05180f420b031a"><span class="__cf_email__" data-cfemail="f8bdbcb1abcbb09d9488b88d8b918c9bd69f978e">[email protected]</span></a>. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. 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>.
FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2021). Scope of Investigation:
Having considered the complaint, the U.S. International Trade
Commission, on August 29, 2022, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 3-5, 7-10, and 17 of the '630 patent and one or more of
claims 1-3, 9, 10, and 12 of the '917 patent, whether an industry in
the United States exists and/or is in the process of being established
as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``power optimizers for
solar power systems that contain DC-DC converters, and inverters for
solar power systems'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Ampt, LLC, 4850 Innovation Drive, Fort Collins, CO 80525
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
SolarEdge Technologies, Inc., 700 Tasman Drive, Milpitas, CA 95035
SolarEdge Technologies, Ltd., 1 HaMada Street, Postal Code 4673335,
Herzliya, Israel
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: August 29, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-18971 Filed 9-1-22; 8:45 am]
BILLING CODE 7020-02-P
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