Notice2024-06045
Certain Liquid Coolers for Electronic Components in Computers, Components Thereof, Devices for Controlling Same, and Products Containing Same; Notice of Institution
Primary source
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Published
March 21, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 14, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Cooler Master Co., Ltd. of Taiwan; CMI USA, Inc. of Claremont, California; and CMC Great USA, Inc. of San Jose, California. A supplement to the complaint was filed on March 6, 2024. 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 liquid coolers for electronic components in computers, components thereof, devices for controlling same, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 10,509,446 ("the '446 patent"); U.S. Patent No. 11,061,450 ("the `450 patent"); and U.S. Patent No. D856,941 ("the `941 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.
Full Text
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<title>Federal Register, Volume 89 Issue 56 (Thursday, March 21, 2024)</title>
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[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Notices]
[Pages 20247-20248]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06045]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1394]
Certain Liquid Coolers for Electronic Components in Computers,
Components Thereof, Devices for Controlling Same, and Products
Containing Same; Notice of Institution
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 14, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Cooler Master
Co., Ltd. of Taiwan; CMI USA, Inc. of Claremont, California; and CMC
Great USA, Inc. of San Jose, California. A supplement to the complaint
was filed on March 6, 2024. 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 liquid coolers for electronic components
in computers, components thereof, devices for controlling same, and
products containing same by reason of the infringement of certain
claims of U.S. Patent No. 10,509,446 (``the '446 patent''); U.S. Patent
No. 11,061,450 (``the `450 patent''); and U.S. Patent No. D856,941
(``the `941 patent''). The complaint further alleges that an industry
in the United States exists as required by the applicable Federal
Statute. The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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="0643424f55354e636a764673756f726528616970">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, The Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 15, 2024, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-3 and 14 of the '446 patent; claims 1-4 of the '450 patent;
and the claim of the '941 patent, and whether an industry in the United
States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``liquid coolers for
electronic components in computers, components thereof, LED controllers
for
[[Page 20248]]
controlling same, and products containing same'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Cooler Master Co., Ltd., 6F, No. 398, Xinhu 1st Rd., Neihu Dist.,
Taipei City, 114065, Taiwan
CMI USA, Inc., 1 N Indian Hill Blvd. STE 200, Claremont, CA 91711
CMC Great USA, Inc., 780 Montague Expressway, Suite 208, San Jose, CA
95131
(b) The respondent is the following entity alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
SilverStone Technology Co., Ltd., 12F, No. 168, Jiankang Road, Zhonghe,
District, New Taipei City, Taiwan 23585
SilverStone Technology, Inc., 13626 Monte Vista Ave. Unit A, Chino, CA
91710, USA
Enermax Technology Corp., 2F-1, No 888, Jingguo Rd., Taoyuan Dist.,
Taoyuan City 330, Taiwan
Enermax USA, 14020 Central Ave STE 500, Chino, CA 91710, USA
Shenzhen Apaltek Co., Ltd., 2907-2908, Building 2, OCT Creative,
Building, North Station Community, Minzhi Street, Longhua District,
Shenzhen, Guangdong Province, People's Republic of China
Guangdong Apaltek Liquid Cooling, Technology Co., Ltd., Factory:No.12,
West 2nd Lane, Shenzhenzai Road, Qingxi Town, Dongguan City, People's
Republic of China
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not be a party to
this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: March 15, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-06045 Filed 3-20-24; 8:45 am]
BILLING CODE 7020-02-P
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