Notice2024-18543
Certain Robotic Floor Cleaning Devices and Components Thereof; Notice of Commission Decision To Vacate the Portion of Its Final Determination Relating to an Expired Patent, To Institute a Rescission Proceeding, and To Rescind the Remedial Orders Based Thereon; Termination of the Rescission Proceeding
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Published
August 20, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to vacate the portion of its final determination relating to U.S. Patent No. 10,813,517 ("the '517 patent"), which has now expired, and to dismiss the related portion of the complaint. The Commission has also determined to institute a rescission proceeding and to rescind the limited exclusion order and cease and desist orders (collectively, "the remedial orders") issued in the underlying investigation which are based on the '517 patent. The rescission proceeding is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 161 (Tuesday, August 20, 2024)</title>
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[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Notices]
[Page 67493]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18543]
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INTERNATIONAL TRADE COMMISSION
[No. 337-TA-1252 (Rescission)]
Certain Robotic Floor Cleaning Devices and Components Thereof;
Notice of Commission Decision To Vacate the Portion of Its Final
Determination Relating to an Expired Patent, To Institute a Rescission
Proceeding, and To Rescind the Remedial Orders Based Thereon;
Termination of the Rescission Proceeding
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 vacate the portion of its final
determination relating to U.S. Patent No. 10,813,517 (``the '517
patent''), which has now expired, and to dismiss the related portion of
the complaint. The Commission has also determined to institute a
rescission proceeding and to rescind the limited exclusion order and
cease and desist orders (collectively, ``the remedial orders'') issued
in the underlying investigation which are based on the '517 patent. The
rescission proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#682d2c213b5b200d0418281d1b011c0b460f071e"><span class="__cf_email__" data-cfemail="aaefeee3f999e2cfc6daeadfd9c3dec984cdc5dc">[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: The Commission instituted this investigation
on March 2, 2021, based on a complaint filed on behalf of iRobot
Corporation (``iRobot'' or ``Complainant'') of Bedford, Massachusetts.
See 86 FR 12206-07 (Mar. 2, 2021). The complaint alleged 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 robotic floor cleaning devices and components
thereof based on the infringement of certain claims of the '517 patent;
as well as U.S. Patent Nos. 9,884,423 (``the '423 patent''); 7,571,511
(``the '511 patent''); 10,835,096 (``the '096 patent''); and 10,296,007
(``the '007 patent''). See id. The Commission's notice of investigation
named as respondents SharkNinja Operating LLC, SharkNinja Management
LLC, SharkNinja Management Co., SharkNinja Sales Co., and EP Midco LLC,
all of Needham, Massachusetts; and SharkNinja Hong Kong Co. Ltd. of
Hong Kong Island, Hong Kong (collectively, ``SharkNinja'' or
``Respondents''). See id. The Office of Unfair Import Investigations
did not participate in the investigation. See id.
The Commission terminated the '007 patent from the investigation.
See Order No. 23 (Sept. 13, 2021), unreviewed by Comm'n Notice (Oct. 5,
2021); Order No. 38 (Jan. 4, 2022), unreviewed by Comm'n Notice (Jan.
25, 2022).
On March 21, 2023, the Commission issued a final determination
finding a violation of section 337 based on the infringement of claims
1 and 9 of the '517 patent. The Commission found no violation of
section 337 based on the '423, '511, and '096 patents. Accordingly, the
Commission issued the remedial orders based solely on the '517 patent.
On July 14, 2023, SharkNinja filed an appeal from the Commission's
final determination with the U.S. Court of Appeals for the Federal
Circuit. The appeal was docketed on July 20, 2023, as SharkNinja
Operating LLC v. ITC, No. 23-2162 (Fed. Cir. July 20, 2023).
Complainant iRobot did not seek to intervene in the Federal Circuit
appeal.
On February 21, 2024, the Commission and SharkNinja filed a joint
unopposed motion to stay and dismiss the appeal upon expiration of the
'517 patent on July 24, 2024. Consistent with Federal Circuit
precedent, the Commission and SharkNinja requested vacatur of the
Commission's final determination as it relates to the '517 patent and a
remand to the Commission with instructions to dismiss the relevant
portion of the complaint and to rescind the remedial orders which are
based solely on the '517 patent.
The Federal Circuit granted the motion to stay on March 22, 2024,
and dismissed the appeal on July 24, 2024. See ECF No. 22 (Fed. Cir.
Mar. 22, 2024); ECF No. 24 (Fed. Cir. July 24, 2024). The Federal
Circuit remanded the appeal to the Commission with instructions to
vacate its final determination and to dismiss the relevant portion of
the complaint.
In view of the Federal Circuit's remand order and the expiration of
the '517 patent, the Commission has determined to vacate the portion of
its final determination relating to the '517 patent and to dismiss the
related portion of the complaint.
In addition, as explained in the Commission Order issued
concurrently herewith, the Commission finds that the conditions which
led to the issuance of the remedial orders no longer exist, and
therefore, a rescission of the remedial orders is warranted under
section 337(k) (19 U.S.C. 1337(k)) and Commission Rule 210.76(a) (19
CFR 210.76(a)). Accordingly, the Commission has determined to institute
a rescission proceeding and to rescind the remedial orders issued in
the underlying investigation which are based on the '517 patent. The
rescission proceeding is terminated.
The Commission's notice and order were delivered to the Secretary
of the Treasury on the day of their issuance.
The Commission's vote for this determination took place on August
14, 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: August 14, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18543 Filed 8-19-24; 8:45 am]
BILLING CODE 7020-02-P
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