Notice2024-20729
Certain Smart Ceiling Fans, Components Thereof, and Associated Systems and Software Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation
Primary source
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Published
September 12, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 23) of the presiding administrative law judge ("ALJ") granting the complainant's unopposed motion to terminate the above-captioned investigation in its entirety based on withdrawal of the complaint. The investigation is terminated in its entirety.
Full Text
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<title>Federal Register, Volume 89 Issue 177 (Thursday, September 12, 2024)</title>
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[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Page 74286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20729]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1374]
Certain Smart Ceiling Fans, Components Thereof, and Associated
Systems and Software Thereof; Notice of Commission Determination Not To
Review an Initial Determination Terminating the Investigation Based on
Withdrawal of the Complaint; Termination of the 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 not to review an initial determination
(``ID'') (Order No. 23) of the presiding administrative law judge
(``ALJ'') granting the complainant's unopposed motion to terminate the
above-captioned investigation in its entirety based on withdrawal of
the complaint. The investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. 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#afeaebe6fc9ce7cac3dfefdadcc6dbcc81c8c0d9"><span class="__cf_email__" data-cfemail="a5e0e1ecf696edc0c9d5e5d0d6ccd1c68bc2cad3">[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 October 26, 2023, the Commission
instituted this 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 Wangs Alliance Corporation d/b/a, WAC Lighting of
Port Washington, New York (``Complainant''). See 88 FR 73620-21 (Oct.
26, 2023). The complaint alleges a violation of section 337 based upon
the importation into the United States, sale for importation, or sale
after importation into the United States of certain smart ceiling fans,
components thereof, and associated systems and software thereof, by
reason of infringement of certain claims of U.S. Patent Nos. 11,028,854
(``the '854 patent''); 10,488,897 (``the '897 patent''); and 11,598,345
(``the '345 patent''). Id. The complaint further alleges that a
domestic industry exists. Id. The notice of investigation names the
following respondents: Minka Lighting, LLC of Newport News, Virginia
and Tech Lighting LLC and VC Brands, LLC, both of Skokie, Illinois
(collectively, ``Respondents''). Id. The Office of Unfair Import
Investigations is not participating in this investigation. Id.
The Commission previously terminated the investigation as to claims
2 and 3 of the '854 patent, claims 6, 8, 9, 10, 12, 13, and 14 of the
'345 patent, and all asserted claims of the '897 patent. Order No. 16
(Apr. 23, 2024), unreviewed by Comm'n Notice (May 15, 2024).
On July 3, 2024, Complainant filed an unopposed motion to terminate
the investigation in its entirety based on the parties' agreement, as
detailed in footnote 1 of the motion, to withdraw the complaint. On
August 5, 2024, pursuant to Order No. 22, Complainant filed a
declaration confirming that the unopposed motion captures the entirety
of the parties' agreements. Respondents did not file a response to the
unopposed motion.
On August 14, 2024, the ALJ issued the subject ID (Order No. 23)
granting Complainant's unopposed motion to terminate the investigation
in its entirety. Order No. 23 (Aug. 14, 2024). The subject ID finds
that Complainant meets the requirements of Commission Rule 210.21(a)
(19 CFR 210.21(a)), and that there are no extraordinary circumstances
that would prevent the requested partial termination of the
investigation. The subject ID further finds that terminating this
investigation will not be contrary to the public interest.
No party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 23). The investigation is terminated in its entirety.
The Commission vote for this determination took place on September
9, 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: September 9, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-20729 Filed 9-11-24; 8:45 am]
BILLING CODE 7020-02-P
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