Notice2023-07165
Certain Video Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same; Notice of the Commission's Final Determination Finding No Violation of Section 337; 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
April 6, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has found no violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The investigation is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20552-20553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07165]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1281]
Certain Video Security Equipment and Systems, Related Software,
Components Thereof, and Products Containing Same; Notice of the
Commission's Final Determination Finding No Violation of Section 337;
Termination of the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has found no violation of section 337 of
the Tariff Act of 1930, as amended, in the above-captioned
investigation. The investigation is terminated.
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
[[Page 20553]]
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#3471707d67077c5158447441475d40571a535b42"><span class="__cf_email__" data-cfemail="4306070a10700b262f330336302a37206d242c35">[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 September 14, 2021, 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 Motorola Solutions, Inc. of Chicago, Illinois
(``Motorola Solutions''); Avigilon Corporation of British Columbia,
Canada; Avigilon Fortress Corporation of British Columbia, Canada;
Avigilon Patent Holding 1 Corporation of British Columbia, Canada
(``Avigilon Patent Holding''); and Avigilon Technologies Corporation of
British Columbia, Canada (collectively, ``Complainants''). See 86 FR
51182-83 (Sept. 14, 2021). The complaint 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 video security equipment and systems, related software,
components thereof, and products containing same by reason of
infringement of certain claims of U.S. Patent Nos. 7,868,912 (``the
'912 patent''); 10,726,312 (``the '312 patent''); and 8,508,607 (``the
'607 patent'') (collectively, ``the Asserted Patents''). Id. The
complaint further alleges that a domestic industry exists. Id. The
notice of investigation (``NOI'') names Verkada Inc. of San Mateo,
California (``Verkada'') as the only respondent. Id.
The complaint and NOI were previously amended to reflect the
transfer of all right, title, and interest in: (1) the '312 patent from
Avigilon Corporation to Motorola Solutions; (2) the '912 patent from
Avigilon Fortress Corporation to Motorola Solutions; and (3) the '607
patent from Avigilon Patent Holding to Motorola Solutions. Order No. 7
(Dec. 28, 2021), unreviewed by 87 FR 4658-59 (Jan. 28, 2022). The
complaint and NOI were further amended to add a new licensee, Avigilon
USA Corporation of Dallas, Texas, as an additional complainant. Id.
The Commission previously terminated the investigation as to claims
4 and 10-12 of the '312 patent based on Complainants' partial
withdrawal of the complaint. Order No. 58 (June 14, 2022), unreviewed
by Comm'n Notice (June 30, 2022). The Commission also previously
terminated the investigation as to claims 6, 15, 25, and 26 of the '607
patent based on Complainants' partial withdrawal of the complaint.
Order No. 59 (July 13, 2022), unreviewed by Comm'n Notice (Aug. 4,
2022).
On October 24, 2022, the presiding administrative law judge
(``ALJ'') issued a final initial determination (``FID'') finding that a
violation of section 337 has occurred in the importation into the
United States, the sale for importation, or the sale within the United
States after importation, of certain video security equipment and
systems, related software, components thereof, and products containing
same that infringe claims 6-11 of the '912 patent. The FID further
finds no violation of section 337 with respect to the remaining
asserted claims of the '912 patent, or as to the '312 patent or the
'607 patent. The FID includes the ALJ's recommended determination on
remedy, the public interest, and bonding should the Commission find a
violation of section 337.
On November 23, 2022, Complainants and Verkada each filed a
submission on the public interest pursuant to Commission Rule
210.50(a)(4) (19 CFR 210.50(a)(4)). No submissions were received in
response to the Commission notice seeking public interest submissions.
87 FR 65827-28 (Nov. 1, 2022).
On January 12, 2023, the Commission determined to review the FID in
part. 88 FR 3435-37 (Jan. 19, 2023). Specifically, the Commission
determined to review the FID's findings: (1) regarding ``subject matter
jurisdiction''; (2) that certain accused products infringe claims 6-11
of the '912 patent and finding a violation of section 337 as to those
claims; and (3) that asserted claims 6-11 of the '912 patent are not
invalid as anticipated or obvious. Id. The Commission asked the parties
to address three questions related to the issues under review with
respect to the '912 patent. Id.
On January 27, 2023, Complainants and Verkada each filed an initial
written response to the Commission's request for briefing. On February
3, 2023, Complainants and Verkada each filed a reply submission.
Having reviewed the record of the investigation, including the FID
and the parties' submissions, the Commission has determined to find no
violation of section 337 with respect to the '912 patent. Specifically,
the Commission has determined to: (1) vacate the FID's finding that the
Commission has ``subject matter jurisdiction'' because ``subject matter
jurisdiction'' does not apply to administrative agencies; (2) affirm
and supplement the FID's finding that respondent Verkada failed to
demonstrate the Video Surveillance and Monitoring (``VSAM'') testbed
system as allegedly disclosed in multiple documents existed as prior
art; (3) reverse the FID's finding that asserted claims 6-11 of the
'912 patent are not anticipated by ``Event Detection and Analysis from
Video Streams'' by Medioni et al., published in the IEEE Transactions
on Pattern Analysis and Machine Intelligence, Vol. 23, No. 8 in August
2001 (``Medioni''); (4) affirm and supplement the FID's finding that
asserted claims 6-11 of the '912 patent are not rendered obvious by
Medioni in combination with the asserted VSAM testbed; and (5) take no
position on the issue of infringement of claims 6-11 of the '912
patent.
The investigation is terminated with a finding of no violation of
section 337. The Commission's reasoning in support of its
determinations is set forth more fully in its opinion.
The Commission vote for this determination took place on March 31,
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 31, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-07165 Filed 4-5-23; 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 April 6, 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.