Notice2024-12892
Certain Surface Cleaning Devices and Components Thereof; Notice of Institution 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
June 13, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 23, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of SharkNinja Operating LLC of Needham, Massachusetts, Omachron Alpha Inc. of Canada, and Omachron Intellectual Property Inc. of Canada. A supplement to the complaint was filed on May 9, 2024. An amended complaint was filed on May 16, 2024, and supplemented on May 23, 2024. The amended 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 surface cleaning devices and components thereof by reason of the infringement of certain claims of U.S. Patent No. 7,776,120 ("the '120 patent"); U.S. Patent No. 10,219,661 ("the '661 patent"); U.S. Patent No. 11,903,546 ("the '546 patent"); U.S. Patent No. 11,910,983 ("the '983 patent"); and U.S. Patent No. 11,910,984 ("the '984 patent"). The amended complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 115 (Thursday, June 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50369-50370]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12892]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1404]
Certain Surface Cleaning Devices and Components Thereof; Notice
of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 23, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of SharkNinja
Operating LLC of Needham, Massachusetts, Omachron Alpha Inc. of Canada,
and Omachron Intellectual Property Inc. of Canada. A supplement to the
complaint was filed on May 9, 2024. An amended complaint was filed on
May 16, 2024, and supplemented on May 23, 2024. The amended 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 surface
cleaning devices and components thereof by reason of the infringement
of certain claims of U.S. Patent No. 7,776,120 (``the '120 patent'');
U.S. Patent No. 10,219,661 (``the '661 patent''); U.S. Patent No.
11,903,546 (``the '546 patent''); U.S. Patent No. 11,910,983 (``the
'983 patent''); and U.S. Patent No. 11,910,984 (``the '984 patent'').
The amended complaint further alleges that an industry in the United
States exists or is in the process of being established as required by
the applicable Federal Statute. The complainants request that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The amended 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#10555459432358757c605065637964733e777f66"><span class="__cf_email__" data-cfemail="7a3f3e332949321f160a3a0f09130e19541d150c">[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: Heidi Yoo, The Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
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 (2024).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on June 7, 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, 7-9, 12, 14, and 15 of the '120 patent; claims 1-5, 8-12, 15,
and 16 of the '661 patent; claims 10 and 15 of the '546 patent; claims
1, 4, 6-8, 12, and 17-19 of the '983 patent; and claims 1-18 of the
'984 patent; and whether an industry in the United States exists or is
in the process of being established 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 ``stick and handheld
vacuum cleaners, along with wands, cleaner heads, tool kits, and
attachments'';
(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 complainants are:
SharkNinja Operating LLC, 89 A Street, Suite 100, Needham, MA 02494
Omachron Alpha Inc., 9 King Lane, P.O. Box 130, Hampton, ON L0B 1J0,
Canada
Omachron Intellectual Property Inc., 9 King Lane, P.O. Box 130,
Hampton, ON L0B 1J0, Canada
[[Page 50370]]
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Dyson, Inc., 1330 W Fulton Street, 5th Floor, Chicago, IL 60607
Dyson Technology Limited, Tetbury Hill, Malmesbury, Wiltshire, SN16
0RP, United Kingdom
Dyson Canada Limited, 8 Spadina Avenue, Suite 2200, Toronto, ON M5V
058, Canada
(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 participate as
a party in this investigation.
Responses to the amended complaint and the notice of investigation
must be submitted by the named respondents 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 amended complaint and the notice of
investigation. Extensions of time for submitting responses to the
amended complaint and the notice of investigation will not be granted
unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: June 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-12892 Filed 6-12-24; 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 June 13, 2024.
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.