Notice2022-19811
Certain Electrical Connectors and Cages, Components Thereof, and Products Containing the Same; Notice of a Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Primary source
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Published
September 14, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined that a violation of the Tariff Act of 1930, as amended, has occurred with respect to U.S. Patent No. 7,371,117 ("the '117 patent"). The Commission has determined that no violation of section 337 has occurred as to U.S. Patent Nos. 9,705,255 ("the '255 patent") and 10,381,767 ("the '767 patent"). The Commission has issued a limited exclusion order ("LEO") prohibiting the importation of certain electrical connectors and cages, components thereof, and products containing the same that infringe certain claims of the '117 patent, as well as cease and desist orders ("CDOs") against the named respondents. This investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 177 (Wednesday, September 14, 2022)</title>
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[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56443-56444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19811]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1241]
Certain Electrical Connectors and Cages, Components Thereof, and
Products Containing the Same; Notice of a Commission Final
Determination Finding a Violation of Section 337; Issuance of a Limited
Exclusion Order and Cease and Desist Orders; 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 (``Commission'') has determined that a violation of the
Tariff Act of 1930, as amended, has occurred with respect to U.S.
Patent No. 7,371,117 (``the '117 patent''). The Commission has
determined that no violation of section 337 has occurred as to U.S.
Patent Nos. 9,705,255 (``the '255 patent'') and 10,381,767 (``the '767
patent''). The Commission has issued a limited exclusion order
(``LEO'') prohibiting the importation of certain electrical connectors
and cages, components thereof, and products containing the same that
infringe certain claims of the '117 patent, as well as cease and desist
orders (``CDOs'') against the named respondents. This investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2737. 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#a6e3e2eff595eec3cad6e6d3d5cfd2c588c1c9d0"><span class="__cf_email__" data-cfemail="3e7b7a776d0d765b524e7e4b4d574a5d10595148">[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 January 26, 2021, the Commission
instituted this investigation under
[[Page 56444]]
section 337, based on a complaint filed by Amphenol Corp. of
Wallingford, Connecticut (``Amphenol,'' or ``Complainant''). 86 FR
7104-05 (Jan. 26, 2021). The complaint alleged a violation of section
337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
electrical connectors and cages, components thereof, and products
containing the same by reason of infringement of certain claims of the
'117 patent; U.S. Patent No. 8,371,875 (``the '875 patent''); U.S.
Patent No. 8,864,521 (``the '521 Patent''); the '255 patent; and the
'767 patent. The complaint also alleged the existence of a domestic
industry. The notice of investigation named as respondents: Luxshare
Precision Industry Co., Ltd. and Dongguan Luxshare Precision Industry
Co. Ltd., both of Dongguan City, China; Luxshare Precision Limited (HK)
of Fotan, Hong Kong; and Luxshare-ICT Inc. of Milpitas, California
(collectively, ``Luxshare,'' or ``Respondents''). Id. at 7104. The
Commission's Office of Unfair Import Investigations was not named as a
party in this investigation. Id.
Subsequently, the administrative law judge (``ALJ'') granted
Complainant's motion for partial termination of the investigation by
withdrawal of the '875 and the '521 patents, and claims 2, 14, 17-19,
and 25-27 of the '117 patent; claims 1-3, 5-8, and 18 of the '255
patent; and claims 2-3, 7, 14, 20-22, 30, and 32 of the '767 patent.
See Order No. 29 (Oct. 13, 2021), unreviewed by Comm'n Notice (Nov. 3,
2021). The ALJ also granted in part and denied in part Complainant's
motion for summary determination that it has satisfied the importation
requirement. See Order No. 34 (Oct. 28, 2021), unreviewed by Comm'n
Notice (Nov. 29, 2021). The ALJ also granted in part Luxshare's motion
for summary determination that the importation requirement has not been
met for certain products. See Order No. 35 (Oct. 28, 2021). On November
29, 2021, the Commission determined to review that determination and it
is currently under review. Comm'n Notice (Nov. 29, 2021).
On March 11, 2022, the ALJ issued the final initial determination
(``ID''). On March 25, 2022, Complainant petitioned for review of the
final ID. On April 4, 2022, Respondents filed a response.
On June 21, 2022, the Commission determined to review the ID in
part. 87 FR 38180 (June 17, 2022). Specifically, the Commission
determined to review the ID's findings regarding: (1) importation,
including any findings impacted by the determination on importation;
(2) the Redesigned Products; (3) infringement for claim 9 of the '117
patent; (4) the claim construction of the term ``contact tail adapted
for attachment to the printed circuit board that is perpendicular to
the . . . printed circuit board'' of the '767 patent; (5) infringement
for claims 1, 4-6, 9-13, 15-17, 19, and 23 of the '767 patent; (6) the
technical prong of the domestic industry requirement for the '767
patent; (7) obviousness for the '767 patent; and (8) the economic prong
of the domestic industry requirement. The Commission determined not to
review any other findings, including the ID's findings that Luxshare
does not infringe the asserted claims of the '255 patent. The
Commission asked for briefing on remedy, bonding, and the public
interest, as well as one question related to importation. The parties
filed their opening submissions on July 6, 2022, and their reply
submissions on July 13, 2022.
Having reviewed the record of the investigation, including the ID
and the parties' submissions, the Commission has found a violation of
section 337 with respect to asserted claims 1, 9, 24, and 29 of the
'117 patent. The Commission (1) finds that at least one product from
each of the accused product groups, with the exception of the QSFP 2x1
Press-fit products, has been imported; (2) affirms the ID's finding of
infringement of claim 9 of the '117 patent with modified reasoning; (3)
for the '767 patent, affirms the ID's construction of ``contact tail
adapted for attachment to the [PCB] that is perpendicular to the . . .
[PCB]'' with modified reasoning; (4) affirms the ID's determination on
infringement for claim 1 of the '767 patent with modified reasoning;
(5) affirms the ID's determination on infringement/non-infringement for
claims 4-6, 9-13, 15-17, 19, and 23 of the '767 patent; (6) affirms the
ID's findings with respect to the technical prong of the domestic
industry requirement for the '767 patent; (7) affirms the ID's
obviousness findings for the '767 patent; (8) takes no position on the
economic prong of the domestic industry requirement under subsection
337(a)(3)(A) (plant and equipment) for all patents; (9) takes no
position on the economic prong of the domestic industry requirement for
the '767 patent; and (10) affirms the ID's findings on the economic
prong of the domestic industry requirement under subsection
337(a)(3)(B) (employment of labor or capital) for the '255 and '117
patents.
In addition, the Commission finds that the public interest factors
do not preclude issuance of the requested relief. See 19 U.S.C.
1337(d)(1), (f)(1). The Commission therefore has determined that the
appropriate remedy in this investigation is: (1) an LEO prohibiting the
unlicensed entry of certain electrical connectors and cages, components
thereof, and products containing the same that infringe one or more of
claims 1, 9, 24, and 29 of the '117 patent; and (2) CDOs against each
of the named Luxshare respondents. The Commission has also determined
that the bond during the period of Presidential review shall be in the
amount of one hundred percent (100%) of the entered value of the
infringing products that are subject to the LEO and CDOs. See 19 U.S.C.
1337(j).
The Commission's reasoning in support of its determinations is set
forth more fully in its opinion that is issued concurrently herewith.
The Commission's opinion and orders were delivered to the President and
to the United States Trade Representative on the day of their issuance.
The investigation is hereby terminated.
The Commission vote for this determination took place on September
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 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: September 8, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19811 Filed 9-13-22; 8:45 am]
BILLING CODE 7020-02-P
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