Notice2022-22561
Institution of Investigation; Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof (II)
Primary source
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Published
October 18, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 9, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of OPEX Corporation of Moorestown, New Jersey. The complaint was supplemented on September 29, 2022. The complaint 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 automated put walls and automated storage and retrieval systems, associated vehicles, associated control software, and component parts thereof by reason of the infringement of certain claims of U.S. Patent No. 11,192,144 ("the '144 patent") and U.S. Patent No. 11,358,175 ("the '175 patent"). The complaint further alleges that an industry in the United States exists 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 200 (Tuesday, October 18, 2022)</title>
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[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Page 63089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22561]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1333]
Institution of Investigation; Certain Automated Put Walls and
Automated Storage and Retrieval Systems, Associated Vehicles,
Associated Control Software, and Component Parts Thereof (II)
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 September 9, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of OPEX
Corporation of Moorestown, New Jersey. The complaint was supplemented
on September 29, 2022. The complaint 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 automated put walls and automated storage and retrieval
systems, associated vehicles, associated control software, and
component parts thereof by reason of the infringement of certain claims
of U.S. Patent No. 11,192,144 (``the '144 patent'') and U.S. Patent No.
11,358,175 (``the '175 patent''). The complaint further alleges that an
industry in the United States exists 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.
ADDRESSES: 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#1752535e44245f727b675762647e637439707861"><span class="__cf_email__" data-cfemail="b9fcfdf0ea8af1dcd5c9f9cccad0cdda97ded6cf">[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 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 12, 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 1-19 of the '144 patent and claims 1-11 and 18-21 of the '175
patent, and whether an industry in the United States exists 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 ``automated put walls
and automated storage and retrieval systems; vehicles associated with
these automated put walls and automated storage and retrieval systems;
control software associated with these automated put walls and
automated storage and retrieval systems; and component parts of these
automated put walls and automated storage and retrieval 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: OPEX Corporation, 305 Commerce Drive,
Moorestown, NJ 08057.
(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:
HC Robotics (a.k.a. Huicang Information Technology Co., Ltd.), 3rd
Floor, Haiwei Building, No. 101 Binkang Road, Binjiang District,
Hangzhou City, Zheijang Province, China 310051.
Invata, LLC (d/b/a Invata Intralogistics), 1010 Spring Mill Avenue,
Suite 300, Conshohocken, PA 19428.
(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 to 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: October 12, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-22561 Filed 10-17-22; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on October 18, 2022.
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