Notice2023-06398
Certain Smart Thermostat Hubs, Systems Containing the Same, and Components of the Same; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 28, 2023
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. 19) of the presiding administrative law judge ("ALJ") granting the complainant's unopposed motion to terminate the above-captioned investigation in its entirety based on withdrawal of the complaint. The investigation is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 59 (Tuesday, March 28, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Page 18331]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06398]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1339]
Certain Smart Thermostat Hubs, Systems Containing the Same, and
Components of the Same; Notice of a Commission Determination Not To
Review an Initial Determination Granting a Motion To Terminate the
Investigation Based on Withdrawal of the Complaint; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 19) of the presiding administrative law judge
(``ALJ'') granting the complainant's unopposed motion to terminate the
above-captioned investigation in its entirety based on withdrawal of
the complaint. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2043. 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#1a5f5e534929527f766a5a6f69736e79347d756c"><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 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 within the United States after importation 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 (``the '118 patent''). 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.
(collectively, ``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). The Commission also previously amended the complaint
and notice of investigation to add ITI Hong Kong Co., Ltd. of Hong Kong
as a respondent. Order No. 9 (Dec. 7, 2022), unreviewed by Comm'n
Notice (Dec. 28, 2022). The Commission also previously terminated the
investigation as to all asserted claims of the '118 patent based on
partial withdrawal of the complaint. Order No. 16 (Feb. 23, 2023),
unreviewed by Comm'n Notice (March 9, 2023).
On March 2, 2023, Complainants filed an unopposed motion to
terminate the investigation in its entirety based on withdrawal of the
complaint.
Also on March 2, 2023, the presiding ALJ issued the subject ID
(Order No. 19) granting Complainants' motion to terminate. The subject
ID finds that the motion complies with Commission Rule 210.21(a)(1) (19
CFR 210.21(a)(1)) and that ``there are no extraordinary circumstances
that warrant denying the motion.'' ID at 2.
No party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 19). The investigation is terminated in its entirety.
The Commission vote for this determination took place on March 23,
2023.
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: March 23, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-06398 Filed 3-27-23; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 28, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.