Notice2023-17898
Certain Photovoltaic Connectors and Components Thereof; Notice of a Commission Determination Not To Review Initial Determinations Amending the Complaint and Notice of Investigation and Setting a 17-Month Target Date
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Published
August 21, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review two initial determinations issued by the presiding administrative law judge ("ALJ") granting a motion of complainant Shoals Technologies Group, LLC ("Shoals Technologies" or "Complainant") to amend the complaint and notice of investigation ("NOI") to assert certain claims of U.S. Patent No. 11,689,153 ("the '153 patent") (Order No. 5) and setting a 17-month target date for November 12, 2024 (Order No. 6).
Full Text
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<title>Federal Register, Volume 88 Issue 160 (Monday, August 21, 2023)</title>
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[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56882-56883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17898]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1365]
Certain Photovoltaic Connectors and Components Thereof; Notice of
a Commission Determination Not To Review Initial Determinations
Amending the Complaint and Notice of Investigation and Setting a 17-
Month Target Date
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 not to review two initial determinations
issued by the presiding administrative law judge (``ALJ'') granting a
motion of complainant Shoals Technologies Group, LLC (``Shoals
Technologies'' or ``Complainant'') to amend the complaint and notice of
investigation (``NOI'') to assert certain claims of U.S. Patent No.
11,689,153 (``the '153 patent'') (Order No. 5) and setting a 17-month
target date for November 12, 2024 (Order No. 6).
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#9fdadbd6ccacd7faf3efdfeaecf6ebfcb1f8f0e9"><span class="__cf_email__" data-cfemail="99dcddd0caaad1fcf5e9d9eceaf0edfab7fef6ef">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On June 9, 2023, the Commission instituted
this investigation based on a complaint filed by Shoals Technologies.
88 FR 37905-06 (June 9, 2023). The complaint alleges violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 based
upon the importation into the United States, the sale for importation,
or sale within the United States after importation of certain
photovoltaic connectors and components thereof by reason of
infringement of certain claims of U.S. Patent Nos. 10,553,739 (``the
[[Page 56883]]
'739 Patent'') and 10,992,254 (``the '254 Patent''). The Commission's
NOI named the following eight respondents: (1) Hikam America, Inc. of
Chula Vista, CA; (2) Hikam Electr[oacute]nica de M[eacute]xico, S.A. de
C.V. of Mexicali, Mexico; (3) Hikam Tecnologia de Sinaloa of Guasave,
Mexico; (4) Hewtech Philippines Corp. of Laguna, Philippines; (5)
Hewtech Philippines Electronics Corp. of Pampanga, Philippines; (6)
Hewtech (Shenzhen) Electronics Co., Ltd. of Shenzhen, China; (7)
Voltage, LLC of Chapel Hill, NC; and (8) Ningbo Voltage Smart
Production Co. (``Ningbo Voltage'') of Ningbo, China. Id. The Office of
Unfair Import Investigations was also named as a party in this
investigation. Id.
On June 29, 2023, Complainant filed an unopposed motion for leave
to amend the complaint and NOI to add allegations of infringement
against respondents Voltage, LLC and Ningbo Voltage (collectively,
``Voltage'') related to claims 1, 2-3, 6, 8, 11-18, 21, 23, and 24 of
U.S. Patent No. 11,689,153 (``the '153 patent''). See Order No. 5, at
1. In its motion, Complainant argued that: (1) addition of the '153
patent will not affect the scope of discovery because ``the '153 Patent
is a continuation of a patent that is already asserted in the
Investigation; (2) it seeks to assert the '153 Patent against the same
respondents and accused products; and (3) the '153 Patent relates to
the same technology that is already at issue in the Investigation.''
Order No. 5, at 2. Complainant further argued that ``[g]ranting the
proposed amendment will not prejudice the rights of the parties or the
public interest because the proposed amendment will: (1) add
substantially similar allegations based on a related patent to those
currently asserted; (2) not delay or disrupt the timely progression of
the Investigation; and (3) promote judicial economy by allowing the
parties to litigate related patents by the same parties against the
same accused products in the same investigation.'' Id. No party opposed
the motion. Id. at 1.
On July 18, 2023, the ALJ issued the first subject ID (Order No.
5), granting Complainant's motion to amend the complaint and NOI as
requested. The ID finds that Complainant had established good cause for
the proposed amendment pursuant to Commission Rule 210.14(b)(1) (19 CFR
210.14(b)(1)). As the ID explains, Complainant could not have asserted
the '153 patent at the time it filed its original Complaint because the
'153 patent issued on June 27, 2023, over a month after the original
complaint was filed on May 4, 2023. See Order No. 5, at 4. In addition,
the ID finds that ``there does not appear to be any evidence
demonstrating that inclusion of the '153 patent will substantially
expand the scope of discovery because the claimed subject matter is
similar to the '254 patent, which is already asserted in this
investigation, and the accused and domestic industry products are the
same.'' Id. The ID concludes that neither Voltage nor the public
interest will be prejudiced by the amendment. Id.
On July 18, 2023, the ALJ issued the second subject ID (Order No.
6), pursuant to Commission Rule 210.51(a)(1), setting a 17-month target
date for completion of the investigation of November 12, 2024 in
consideration of ``the parties' proposals, the parties' scheduling
conflicts, the scope of this investigation, and the [presiding ALJ's]
responsibilities in other investigations.'' Order No. 6, at 2. The ID
further states that the deadline for issuing the final ID is July 12,
2024. Id.
No party filed a petition for review of the subject IDs.
The Commission has determined not to review the subject IDs (Order
Nos. 5 and 6). Pursuant to Commission Rule 210.14, the Notice of
Investigation is amended to include claims 1, 2-3, 6, 8, 11-18, 21, 23,
and 24 of the '153 patent. The target date for completion of the
investigation is set for November 12, 2024, and the deadline for
issuing the final ID is July 12, 2024.
The Commission vote for this determination took place on August 15,
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 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-17898 Filed 8-18-23; 8:45 am]
BILLING CODE 7020-02-P
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