Notice2023-28229
Certain Wet Dry Surface Cleaning Devices; Notice of Final Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order, Cease and Desist Order, and Bond; Termination of Investigation
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Published
December 22, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined that the respondents have violated section 337 of the Tariff Act of 1930, as amended, by importing, selling for importation, or selling in the United States after importation certain wet dry surface cleaning devices that infringe one or more asserted claims of U.S. Patent Nos. 11,076,735 ("the '735 patent") and 11,071,428 ("the '428 patent"). The Commission has determined there is no violation of section 337 with respect to U.S. Patent Nos. 11,122,949 ("the '949 patent"), 10,820,769 ("the '769 patent"), and 11,096,541 ("the '541 patent"). Upon consideration of the statutory public interest factors, the Commission has determined that the appropriate remedies are a limited exclusion order and cease and desist orders against the named respondents. The Commission has also determined to set a bond in the amount of $99.01 per covered iFloor 3 product, $99.01 per covered Floor One S3 product, and $0 per any other covered product imported during the 60-day period of Presidential review. This investigation is hereby terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 245 (Friday, December 22, 2023)</title>
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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88654-88655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28229]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1304]
Certain Wet Dry Surface Cleaning Devices; Notice of Final
Determination Finding a Violation of Section 337; Issuance of Limited
Exclusion Order, Cease and Desist Order, and Bond; Termination of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined that the respondents have
violated section 337 of the Tariff Act of 1930, as amended, by
importing, selling for importation, or selling in the United States
after importation certain wet dry surface cleaning devices that
infringe one or more asserted claims of U.S. Patent Nos. 11,076,735
(``the '735 patent'') and 11,071,428 (``the '428 patent''). The
Commission has determined there is no violation of section 337 with
respect to U.S. Patent Nos. 11,122,949 (``the '949 patent''),
10,820,769 (``the '769 patent''), and 11,096,541 (``the '541 patent'').
Upon consideration of the statutory public interest factors, the
Commission has determined that the appropriate remedies are a limited
exclusion order and cease and desist orders against the named
respondents. The Commission has also determined to set a bond in the
amount of $99.01 per covered iFloor 3 product, $99.01 per covered Floor
One S3 product, and $0 per any other covered product imported during
the 60-day period of Presidential review. This investigation is hereby
terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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#eca9a8a5bfdfa489809cac999f85988fc28b839a"><span class="__cf_email__" data-cfemail="296c6d607a1a614c4559695c5a405d4a074e465f">[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
[[Page 88655]]
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'' or ``Bissell''). 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 (``DI'') 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, China; 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 Chief Administrative Law Judge (``CALJ'')
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 wet dry surface cleaning devices
that infringe one or more of claims 1, 13, and 15 of the '735 patent or
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 bond recommending that
the Commission issue a limited exclusion order and cease and desist
orders if a violation is found. The RD further recommends setting a
bond of $49.01 per covered iFloor 3 product, $99.01 per covered Floor
One S3 product, and $0 per any other infringing accused product
imported during the period of Presidential review.
On April 7, 2023, Complainants filed a combined petition and
contingent petition requesting review of the FID's findings of non-
infringement as to the '949, '541, and '769 patents, that Complainants
failed to satisfy the technical prong for the '541 patent, 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 sought contingent review of certain economic
prong findings. That same day, Respondents filed a combined petition
and contingent petition requesting 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 DI requirement for all of the
asserted patents. Respondents also sought contingent review of the
FID's findings that the asserted claims of the '949, '541, and '769
patents are not invalid for obviousness. On April 17, 2023,
Complainants and Respondents filed their respective responses to the
petitions for review.
On April 10, 2023, the Commission issued a notice requesting
submissions from non-parties on the public interest. See 88 FR 22479-80
(April 13, 2023). On May 8, 2023, Representative Hillary J. Scholten
submitted a response to the Commission's notice seeking public interest
submissions. EDIS Doc. ID 795898 (May 8, 2023). On May 9, 2023, Bissell
filed a submission on the public interest, pursuant to Commission Rule
210.50(a)(4). See 19 CFR 210.50(a)(4).
On August 1, 2023, the Commission determined to review the FID in
part. See 88 FR 52208-09 (Aug. 7, 2023). Specifically, the Commission
reviewed the FID's findings that: (1) Respondents do not infringe the
'949, '541, and '769 patents; (2) Complainants did not satisfy the
technical prong of the domestic industry requirement for the '541
patent; (3) the asserted claims of the '735 and '428 patents are not
invalid; and (4) Complainants satisfied the economic prong of the
domestic industry requirement under subsections 337(a)(3)(B) and (C).
Id. at 52208. The Commission determined not to review, and thus
adopted, the FID's other findings. Id. The Commission requested
briefing on remedy, the public interest, and bonding, but it did not
request additional briefing on the violation issues listed above. Id.
at 52208-09.
On August 15, 2023, Complainants and Respondents filed their
respective responses to the Commission's request for briefing on
remedy, bond, and the public interest. On August 22, 2023, Complainants
and Respondents filed their replies to each other's responses.
Having reviewed the record in this investigation, including the
final ID and the parties' petitions and responses thereto, the
Commission has determined that Respondents have violated section 337 by
importing into the United States, selling for importation, or selling
in the United States after importation certain wet dry surface cleaning
devices that infringe one or more of claims 1, 13, and 15 of the '735
patent or claim 1 of the '428 patent. The Commission finds no violation
with respect to the '949 patent, the '541 patent, or the '769 patent.
Upon consideration of the RD, and the parties' and third party's
submissions on remedy, bonding and the public interest, the Commission
has determined that the appropriate remedy is: (i) a limited exclusion
order prohibiting Respondents from importing wet dry surface cleaning
devices that infringe one or more of claims 1, 13, and 15 of the '735
patent or claim 1 of the '428 patent; and (ii) a cease and desist order
against each Respondent. The Commission has determined to set a bond in
the amount of $99.01 per covered iFloor 3 product, $99.01 per covered
Floor One S3 product, and $0 per any other covered product imported
during the 60-day period of Presidential review (see 19 U.S.C.
1337(j)(3)). The Commission has determined that the public interest
factors do not preclude issuance of a remedy.
The Commission issues its opinion herewith setting forth its
determinations on certain issues. This investigation is hereby
terminated.
The Commission's orders and opinion were delivered to the President
and United States Trade Representative on the day of their issuance.
The Commission voted to approve these determinations on December
18, 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: December 18, 2023.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2023-28229 Filed 12-21-23; 8:45 am]
BILLING CODE 7020-02-P
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