Notice2023-16741
Certain Wet Dry Surface Cleaning Devices; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding
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
August 7, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination ("FID") issued by the Chief Administrative Law Judge ("CALJ"), finding a violation of section 337 as to U.S. Patent Nos. 11,076,735 ("the '735 patent") and 11,071,428 ("the '428 patent") and no violation of section 337 as to U.S. Patent Nos. 11,122,949 ("the '949 patent"), 10,820,769 ("the '769 patent"), and 11,096,541 ("the '541 patent"), in the above-captioned investigation. The Commission also requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52208-52209]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16741]
[[Page 52208]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1304]
Certain Wet Dry Surface Cleaning Devices; Notice of a Commission
Determination To Review in Part a Final Initial Determination Finding a
Violation of Section 337; Request for Written Submissions on Remedy,
the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part a final initial
determination (``FID'') issued by the Chief Administrative Law Judge
(``CALJ''), finding a violation of section 337 as to U.S. Patent Nos.
11,076,735 (``the '735 patent'') and 11,071,428 (``the '428 patent'')
and no violation of section 337 as to U.S. Patent Nos. 11,122,949
(``the '949 patent''), 10,820,769 (``the '769 patent''), and 11,096,541
(``the '541 patent''), in the above-captioned investigation. The
Commission also requests written submissions from the parties,
interested government agencies, and other interested persons on the
issues of remedy, the public interest, and bonding, under the schedule
set forth below.
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#89cccdc0dabac1ece5f9c9fcfae0fdeaa7eee6ff"><span class="__cf_email__" data-cfemail="4401000d17770c2128340431372d30276a232b32">[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 March 9, 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 Bissell Inc. and Bissell Homecare, Inc., both of Grand Rapids,
Michigan (collectively, ``Complainants''). See 87 FR 13311-12 (March 9,
2022). The complaint, as supplemented, 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 wet dry surface cleaning devices by reason of infringement of
certain claims of the '735 patent, the '428 patent, the '949 patent,
the '541 patent, and the '769 patent. Id. The complaint further alleges
that a domestic industry exists. Id. The notice of investigation names
as respondents Tineco Intelligent Technology Co., Ltd. of Suzhou City,
China; TEK (Hong Kong) Science & Technology Ltd. of Hong Kong; and
Tineco Intelligent, Inc. of Seattle, Washington (collectively,
``Respondents''). Id. The Office of Unfair Import Investigations is not
participating in this investigation.
On March 24, 2023, the CALJ issued the 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 wet dry surface cleaning devices
that infringe asserted claims 1, 13, and 15 of the '735 patent and
asserted claim 1 of the '428 patent. The FID further finds no violation
of section 337 with respect to the asserted claims of the '949 patent,
the '769 patent, and the '541 patent. On April 7, 2023, the CALJ issued
a recommended determination (``RD'') on remedy and bonding should the
Commission find a violation of section 337. Specifically, if a
violation is found, the RD recommends the Commission issue a limited
exclusion order directed to the infringing products and cease and
desist orders directed to each of the Respondents. The RD further
recommends setting a bond of $49.01 for infringing iFloor 3 products,
$99.01 for infringing Floor ONE S3 products, and $0 for all other
infringing accused products for any importations of infringing products
during the period of Presidential review.
On April 7, 2023, Complainants filed a combined petition and
contingent petition requesting review of certain findings.
Specifically, Complainants seek review of the FID's non-infringement
findings as to the '949, '541, and '769 patents, finding that
Complainants failed to satisfy the technical prong for the '541 patent,
finding that certain redesigned accused products do not infringe the
'735 and '428 patents, and waiver of Complainants' infringement
argument as to the '428 patent. Complainants also seek contingent
review of certain economic prong findings. That same day, Respondents
filed a combined petition and contingent petition requesting review of
certain findings. Specifically, Respondents seek review of the FID's
findings that the original accused products infringe the '735 and '428
patents, that the asserted claims of the '735 and '428 patents are not
invalid, that Complainants satisfied the technical prong of the
domestic industry requirement as to the '735 and '428 patents, and that
Complainants satisfied the economic prong of the domestic industry
requirement for all of the Asserted Patents. See RPet. Respondents also
seek contingent review of the FID's findings that the asserted claims
of the '949, '541, and '769 patents are not invalid. On April 17, 2023,
Complainants and Respondents filed their respective responses to the
petitions for review.
On May 8, 2023, Representative Hillary J. Scholten submitted a
response to the Commission's notice seeking public interest
submissions. EDIS Doc. ID 795898; see 88 FR 22479-80 (Apr. 13, 2023).
On May 9, 2023, Complainants filed a submission on the public interest
pursuant to Commission Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
Having reviewed the record of the investigation, including the FID,
the parties' submissions to the CALJ, the petitions for review, and the
responses thereto, the Commission has determined to review the FID in
part. Specifically, the Commission has determined to review: (1) the
FID's infringement findings for the '949, '769, and '541 patents; (2)
the FID's technical prong findings for the '541 patent; (3) the FID's
invalidity findings for the '735 and '428 patents; and (4) the FID's
economic prong findings. The Commission has determined not to review
any other findings presented in the FID.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) a cease and desist order that could
result in the respondent being required to cease and desist from
engaging in unfair acts in the importation and sale of such articles.
Accordingly, the Commission is interested in receiving written
submissions that address the form of remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for consumption, the party
should so indicate and provide information establishing that activities
involving other types of entry either are adversely affecting it or
likely to do so. For background, see Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC
[[Page 52209]]
Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
a cease and desist order would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should address the recommended
determination by the CALJ on remedy and bonding.
In their initial submission, Complainants are also requested to
identify the remedy sought and Complainants are requested to submit
proposed remedial orders for the Commission's consideration.
Complainants are further requested to state the dates that the Asserted
Patents expire, to provide the HTSUS subheadings under which the
accused products are imported, and to supply the identification
information for all known importers of the products at issue in this
investigation. The initial written submissions and proposed remedial
orders must be filed no later than close of business on August 15,
2023. Reply submissions must be filed no later than the close of
business on August 22, 2023. No further submissions on these issues
will be permitted unless otherwise ordered by the Commission. Opening
submissions are limited to 20 pages. Reply submissions are limited to
10 pages.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1304) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons with questions regarding
filing should contact the Secretary, (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on August 1,
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: August 1, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-16741 Filed 8-4-23; 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 August 7, 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.