Notice2023-07523
Certain Electronic Anti-Theft Shopping Cart Wheels, Components Thereof and Systems Containing the Same; Institution of 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 11, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 8, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Gatekeeper Systems, Inc. of Foothill Ranch, California. 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 electronic anti-theft shopping cart wheels, components thereof, and systems containing the same by reason of the infringement of certain claims of U.S. Patent No. 8,463,540 ("the '540 Patent"), U.S. Patent No. 9,091,551 ("the '551 Patent"), U.S. Patent No. 9,637,151 ("the '151 Patent"), U.S. Patent No. 11,230,313 ("the '313 Patent"), and U.S. Patent No. 11,358,621 ("the '621 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 69 (Tuesday, April 11, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21711-21712]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07523]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1357]
Certain Electronic Anti-Theft Shopping Cart Wheels, Components
Thereof and Systems Containing the Same; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on March 8, 2023, under section 337
of the Tariff Act of 1930, as amended, on behalf of Gatekeeper Systems,
Inc. of Foothill Ranch, California. 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 electronic anti-theft shopping cart wheels,
components thereof, and systems containing the same by reason of the
infringement of certain claims of U.S. Patent No. 8,463,540 (``the '540
Patent''), U.S. Patent No. 9,091,551 (``the '551 Patent''), U.S. Patent
No. 9,637,151 (``the '151 Patent''), U.S. Patent No. 11,230,313 (``the
'313 Patent''), and U.S. Patent No. 11,358,621 (``the '621 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#6520212c36562d0009152510160c11064b020a13"><span class="__cf_email__" data-cfemail="5411101d07671c3138241421273d20377a333b22">[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: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
[[Page 21712]]
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 April 5, 2023, 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, 2, 6-9, 11, 12, 14, 19, 22, 35, 41, 44, 45, and 47 of the
'540 patent; claims 6, 8, 10, 13, 14, 17, 18, 21, and 22 of the '551
patent; claim 15 of the '151 patent; claims 1, 8, 13, and 23 of the
'313 patent; and claims 1, 13, 15, 20, and 25 of the '621 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: ``anti-theft tracking
systems for shopping carts that include (1) a wheel assembly that
includes a braking mechanism and transceivers for transmitting and
receiving RF signals; (2) a transmitter placed at a store checkout area
for transmitting RF signals to the wheel assembly; and (3) a
transceiver placed at a store exit for transmitting and receiving RF
signals to and from the wheel assembly'';
(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: Gatekeeper Systems, Inc., 90 Icon, Foothill
Ranch, CA 92610
(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: Rocateq International B.V., Ebweg 2, Barendrecht,
2991LT, The Netherlands; Rocateq USA, LLC, 551 5th Street, Unit D/2,
San Fernando, CA 91340; Zhuhai Rocateq Technology Company Ltd. D, 3rd
Floor 1# Factory 8, Chuang Xin Liu Road Xiangzhou District, Zhuhai,
Guangdong, 519085 China
(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 be
participating as a party in this investigation.
Responses to the complaint and the notice of institution 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 institution of investigation. Extensions of time for submitting
responses to the complaint and the notice of institution 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: April 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-07523 Filed 4-10-23; 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 11, 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.