Notice2022-28193
Certain Smart Thermostat Hubs, Systems Containing the Same, and Components of the Same; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion for Leave To Amend the Complaint and Notice of Investigation
Primary source
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Published
December 28, 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. 9) of the presiding administrative law judge ("ALJ") granting the complainants' motion for leave to amend the complaint and notice of investigation to add ITI Hong Kong Co., Ltd of Tsuen Wan, Hong Kong ("ITI") as an additional respondent.
Full Text
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<title>Federal Register, Volume 87 Issue 248 (Wednesday, December 28, 2022)</title>
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[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Page 79905]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28193]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1339]
Certain Smart Thermostat Hubs, Systems Containing the Same, and
Components of the Same; Notice of Commission Determination Not To
Review an Initial Determination Granting Complainants' Motion for Leave
To Amend the Complaint and Notice 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 not to review an initial determination
(``ID'') (Order No. 9) of the presiding administrative law judge
(``ALJ'') granting the complainants' motion for leave to amend the
complaint and notice of investigation to add ITI Hong Kong Co., Ltd of
Tsuen Wan, Hong Kong (``ITI'') as an additional respondent.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. 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#f9bcbdb0aacab19c9589b98c8a908d9ad79e968f"><span class="__cf_email__" data-cfemail="10555459432358757c605065637964733e777f66">[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 October 24, 2022, 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 EDST, LLC and Quext IoT, LLC, both of Lubbock, Texas
(collectively, ``Complainants''). See 87 FR 64247 (Oct. 24, 2022). 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 smart
thermostat hubs, systems containing the same, and components of the
same by reason of the infringement of certain claims of U.S. Patent
Nos. 10,825,273; 10,803,685; and 11,189,118. Id. The complaint further
alleges that a domestic industry exists. Id. The notice of
investigation names iApartments, Inc. of Tampa, Florida; and Hsun
Wealth Technology Co., Ltd. and Huarifu Technology Co., Ltd.
(``Huarifu''), both of Taoyuan City, Taiwan, as respondents. Id. The
Office of Unfair Import Investigations is not participating in this
investigation.
The Commission previously terminated the investigation as to
respondent Huarifu based on Complainants' partial withdrawal of the
complaint. Order No. 5 (Nov. 9, 2022), unreviewed by Comm'n Notice
(Dec. 2, 2022).
On December 1, 2022, Complainants filed an unopposed motion to
amend the complaint to add ITI as a respondent. No response to the
unopposed motion was filed.
On December 7, 2022, the ALJ issued the subject ID (Order No. 9)
granting Complainants' unopposed motion for leave to amend the
complaint and notice of investigation. Order No. 9 (December 7, 2022).
The subject ID finds that Complainants' unopposed motion is supported
by good cause pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b))
and that there is no prejudice to any party if the motion is granted.
No party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 9). ITI is added as a respondent to the investigation.
The Commission vote for this determination took place on December
21, 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: December 21, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-28193 Filed 12-27-22; 8:45 am]
BILLING CODE 7020-02-P
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