Notice2023-15133
Certain Movable Barrier Operator Systems and Components Thereof; Notice of Commission Decision To Institute a Rescission Proceeding and To Rescind the Remedial Orders; Termination of the Rescission Proceeding
Primary source
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Published
July 18, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding and to rescind the remedial orders issued in the underlying investigation. The rescission proceeding is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 136 (Tuesday, July 18, 2023)</title>
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[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Page 45925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15133]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1209 (Rescission)]
Certain Movable Barrier Operator Systems and Components Thereof;
Notice of Commission Decision To Institute a Rescission Proceeding and
To Rescind the Remedial Orders; Termination of the Rescission
Proceeding
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 to institute a rescission proceeding and to
rescind the remedial orders issued in the underlying investigation. The
rescission proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#6f2a2b263c5c270a031f2f1a1c061b0c41080019"><span class="__cf_email__" data-cfemail="f5b0b1bca6c6bd909985b580869c8196db929a83">[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 August 10, 2020, the Commission
instituted an 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 Overhead Door Corporation of Lewisville, Texas and
GMI Holdings Inc. of Mount Hope, Ohio (collectively, ``Overhead
Door''). See 85 FR 48264-65 (Aug. 10, 2020). The complaint, as
supplemented, alleged a violation 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 movable
barrier operator systems and components thereof by reason of
infringement of U.S. Patent Nos. 8,970,345 (``the '345 patent'');
7,173,516 (``the '516 patent''); 7,180,260 (``the '260 patent'');
9,483,935 (``the '935 patent''); 7,956,718 (``the '718 patent''); and
8,410,895 (``the '895 patent''). See id. The notice of investigation
named The Chamberlain Group, Inc. (now, The Chamberlain Group, LLC) of
Oak Brook, Illinois (``Chamberlain'') as the respondent in this
investigation. See id.
On February 10, 2021, the Commission terminated the investigation
as to the '516 patent based on the withdrawal of the allegations in the
complaint as to that patent. See Order No. 10 (Jan. 19, 2021),
unreviewed by Comm'n Notice (Feb. 10, 2021).
On February 9, 2022, the Commission issued a final determination
finding a violation of section 337, based on Chamberlain's infringement
of the asserted claims of the '935, '718, and '895 patents, but not the
'345 and '260 patents. See 87 FR 8605-06 (Feb. 15, 2022). The
Commission further determined to: (1) issue a limited exclusion order
against Chamberlain's infringing products and a cease and desist order
against Chamberlain (collectively, the ``remedial orders''); and (2)
set a bond during the period of Presidential review in the amount of
one hundred (100) percent of the entered value of the infringing
articles. See id. On March 30, 2022, the Commission issued modified
remedial orders to confirm that the covered products or articles in the
remedial orders include garage door openers, gate operators, and
commercial operators. See 87 FR 19709-10 (Apr. 5, 2022).
On April 11 and 12, 2022, respectively, Overhead Door and
Chamberlain filed appeals from the Commission's final determination
with the U.S. Court of Appeals for the Federal Circuit. See Chamberlain
Grp., LLC v. ITC, Appeals Nos. 22-1664, 22-1656 (consolidated).
On August 5, 2022, the Commission instituted an enforcement
proceeding under Commission Rule 210.75 (19 CFR 210.75) to investigate
alleged violations of the remedial orders by Chamberlain's legacy and
redesigned products. See 87 FR 48039 (Aug. 5, 2022). In addition to
Overhead Door and Chamberlain (collectively, ``the Private Parties''),
the Office of Unfair Import Investigations was also named as a party to
the enforcement proceeding. See id.
On December 21, 2022, the Commission terminated the enforcement
proceeding as to the '718 patent based on withdrawal of the enforcement
complaint as to that patent. See Order No. 14 (Dec. 1, 2022),
unreviewed by Comm'n Notice (Dec. 21, 2022).
On June 13, 2023, the parties filed a joint stipulation of
voluntary dismissal of the appeals. On June 14, 2023, the Federal
Circuit dismissed the appeals. See Chamberlain Grp., LLC v. ITC, Order,
Appeal No. 22-1664, ECF No. 95 (Fed. Cir. June 14, 2023).
On June 13, 2023, the Private Parties jointly moved to terminate
the enforcement proceeding based on settlement. On June 14, 2023, the
Administrative Law Judge issued an initial determination (Order No. 26)
granting the joint motion to terminate the enforcement proceeding based
on settlement.
Also on June 13, 2023, the Private Parties filed a joint petition
to rescind the remedial orders (original and modified) based on the
settlement agreement.
In view of the settlement agreement between the Private Parties,
the Commission finds that the conditions justifying the remedial orders
no longer exist, and therefore, granting the petition is warranted
under 19 U.S.C. 1337(k) and 19 CFR 210.76. Accordingly, the Commission
has determined to institute a rescission proceeding and to rescind the
remedial orders (original and modified). The rescission proceeding is
terminated.
The Commission's vote on this determination took place on July 12,
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: July 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-15133 Filed 7-17-23; 8:45 am]
BILLING CODE 7020-02-P
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