Notice2024-05274
Certain Marine Air Conditioning Systems, Components Thereof, and Products Containing the Same; Notice of a Commission Determination To Review in Part and, on Review, To Affirm With Modification a Final Initial Determination Finding No Violation; Termination 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
March 13, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review in part and, on review, to affirm with modification a final initial determination ("FID") of the presiding administrative law judge ("ALJ"). The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 50 (Wednesday, March 13, 2024)</title>
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[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18433-18434]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05274]
[[Page 18433]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1346]
Certain Marine Air Conditioning Systems, Components Thereof, and
Products Containing the Same; Notice of a Commission Determination To
Review in Part and, on Review, To Affirm With Modification a Final
Initial Determination Finding No Violation; Termination of
Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part and, on review, to affirm
with modification a final initial determination (``FID'') of the
presiding administrative law judge (``ALJ''). The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Namo Kim, Esq., Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3459. 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#7431303d27473c1118043401071d00175a131b02"><span class="__cf_email__" data-cfemail="1451505d47275c7178645461677d60773a737b62">[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 December 7, 2022, the Commission
instituted this investigation based on a complaint, as supplemented,
filed by Dometic Corporation of Rosemont, Illinois and Dometic Sweden
AB of Solna, Sweden (collectively, ``Dometic''). 87 FR 76216-17 (Dec.
13, 2022). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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
marine air conditioning systems, components thereof, and products
containing same by reason of the infringement of certain claims of U.S.
Patent No. 8,056,351 (``the '351 patent''). Id. The complaint further
alleges that a domestic industry (``DI'') exists. Id. The notice of
institution named four (4) respondents: (1) Shanghai Hopewell
Industrial Co. Ltd. of Shanghai, China; (2) Shanghai Hehe Industrial
Co. Ltd. of Shanghai, China; (3) CitiMarine, L.L.C. of Doral, Florida;
and (4) Mabru Power Systems, Inc. of Dania Beach, Florida
(collectively, ``Respondents''). Id.
On August 28, 2023, the Commission granted in part summary
determination that the economic prong of the DI requirement is
satisfied. Order No. 23, unreviewed by Comm'n Notice (Aug. 28, 2023).
On September 13, 2023, the Commission affirmed an initial
determination granting in part summary determination of invalidity of
claims 1-2, 4-5, 7 of the '351 patent. Order No. 19, aff'd by Comm'n
Notice (September 13, 2023).
The presiding ALJ held an evidentiary hearing on September 18-21,
2023.
On October 31, 2023, the Commission affirmed an initial
determination terminating the investigation with respect to claims 3,
11 and 17 of the '351 patent. Order No. 30, unreviewed by Comm'n Notice
(October 31, 2023). Accordingly, at the time the FID was issued, claims
18-22 of the '351 patent remained pending.
On December 8, 2023, the ALJ issued the FID finding no violation of
section 337. Specifically, the FID finds that Dometic failed to show
infringement or to satisfy the technical prong of the DI requirement
because ``the DI Products do not possess two axes'' as required by the
remaining asserted claims under the FID's claim construction. Despite
finding no infringement, the ALJ conducted an independent analysis of
the accused products beyond the infringement theories presented by
Dometic and determined that some accused products satisfy all
limitations of the asserted claims. Lastly, the FID finds that all
remaining asserted claims are valid.
The FID also includes a Recommended Determination (``RD'')
recommending, should the Commission find a violation of section 337,
that the Commission issue: (1) a limited exclusion order with the
Commission's standard certification provision, which does not identify
non-infringing articles as requested by the respondents; and (2) a
cease-and-desist order against any respondent found to be in violation.
The RD further recommends that the Commission set no bond (zero
percent) during the period of Presidential review.
On December 22, 2023, both parties (Dometic and Respondents)
petitioned for Commission review of FID's findings. Specifically,
Dometic requests Commission review of the FID's findings concerning:
(1) claim construction; (2) non-infringement; (3) the technical prong
of the DI requirement; and (4) validity of the asserted claims
concerning the claim construction and secondary considerations.
Respondents request Commission review of the FID's findings concerning:
(1) the technical prong; (2) certain factual findings related to
infringement; (3) excluding Respondents' failure of proof arguments
related to infringement; and (4) validity, in particular whether a
certain product qualifies as prior art and whether the ALJ abused his
discretion by excluding a certain prior art exhibit. Respondents also
request contingent review of the following issues: (1) claim
construction and (2) validity.
On December 27, 2023, the Commission published its post-RD Federal
Register notice seeking submissions on public interest issues raised by
the relief recommended by the ALJ should the Commission find a
violation. 88 FR 89466-67 (Dec. 27, 2023). No responses were filed from
the public.
On January 4, 2024, both parties (Dometic and Respondents)
responded to each other's petition for review of the FID.
On January 9, 2024, both parties (Dometic and Respondents) filed a
statement on the public interest pursuant to Commission Rule
210.50(a)(4), 19 CFR 210.50(a)(4).
The Commission, having reviewed the record in this investigation,
including the FID and the parties' petitions and responses thereto, has
determined to review in part and, on review, to affirm with
modification the FID's finding of no violation. In particular, the
Commission reviews and, on review, supplements with supporting
extrinsic evidence the FID's construction of the claim limitation ``the
blower being rotatable about [a] first axis so that the outlet can be
oriented toward a first direct[i]on and a second direction, and the
first and second directions point to substantially different lateral
sides of the main body'' recited in claim 18 of the '351 patent. The
Commission has also determined to review the FID's findings concerning
infringement and the technical prong of the DI requirement and, on
review, to affirm the FID's finding of non-infringement and non-
satisfaction of the technical prong, but to vacate the ALJ's
independent findings that some of the accused products (i.e., Mabru
SC07, which represents all Mabru accused products) satisfy all
limitations of the asserted claims, as well as the ALJ's independent
technical prong findings on the DI products. The Commission
[[Page 18434]]
has further determined to review and, on review, to take no position on
certain of the FID's invalidity findings and the findings that certain
accused products satisfy a dependent claim limitation of the '351
patent. The Commission has determined not to review the remainder of
the FID.
The Commission issues its opinion herewith setting forth its
determinations on certain issues. The investigation is terminated.
The Commission vote for this determination took place on March 7,
2024.
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: March 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05274 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P
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