Notice2024-23548
Certain Portable Battery Jump Starters and Components Thereof (II); Notice of a Commission Determination To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation; Termination of Investigation
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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
October 11, 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 a final initial determination ("FID") of the presiding administrative law judge ("ALJ") finding no violation of section 337. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Pages 82625-82627]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23548]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1359]
Certain Portable Battery Jump Starters and Components Thereof
(II); Notice of a Commission Determination To Review in Part and, on
Review, To Affirm a Final Initial Determination Finding No Violation;
Termination of Investigation
AGENCY: U.S. 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 a
final initial determination (``FID'') of the presiding administrative
law judge (``ALJ'') finding no violation of section 337. 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#0f4a4b465c3c476a637f4f7a7c667b6c21686079"><span class="__cf_email__" data-cfemail="89cccdc0dabac1ece5f9c9fcfae0fdeaa7eee6ff">[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: The Commission instituted this investigation
on April 18, 2023, based on a complaint filed on behalf of the NOCO
Company (``NOCO'') of Glenwillow, Ohio. 88 FR 23686-87 (Apr. 18, 2023).
The complaint, as amended, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based
on the importation into the United States, the sale for importation,
and/or the sale within the United States after importation of certain
portable battery jump starters and components thereof
[[Page 82626]]
by reason of infringement of certain claims of U.S. Patent Nos.
9,770,992 (``the '992 patent''); 10,328,808 (``the '808 patent'');
10,981,452 (``the '452 patent''); 11,254,213 (``the '213 patent''); and
11,447,023 (``the '023 patent''), as well as common law trade dress
infringement, false designation of origin, false advertising, and
unfair competition, the threat or effect of which is to destroy or
substantially injure an industry in the United States. Id. at 23686.
The amended complaint further alleges that a domestic industry exists.
Id. The Commission instituted two separate investigations and defined
the scope of the present investigation as whether there is a violation
of section 337 based on the allegations of infringement of the asserted
claims of the '992, '808, '452, '213, and '023 patents as to the
accused products identified in the notice of investigation.
The notice of investigation named 19 respondents, and the Office of
Unfair Import Investigations (``OUII'') is also named as a party. Id.
at 23687. The 19 respondents are organized into the following four
groups:
(1) Shenzhen Take Tools Co. Ltd. of Shenzhen, China; Shenzhenshi
Dianjia Technology Co., Ltd., d/b/a Yesper Direct (Hong Kong Haowei
Technology Co. Ltd.) of Hong Kong, China; and Guangzhou Sihao Trading
Co., Ltd., d/b/a Snailhome (Audew) also d/b/a Shenzhen Xinshu Trading
Co. Ltd. of Shenzhen, China (collectively, the ``Non-Appearing
Respondents'');
(2) Shenzhen Winplus Shenzhen Pinwang Industrial Technology Co.,
Ltd. of Shenzhen, China; Winplus North America, Inc. of Costa Mesa,
California; and Winplus NA, LLC of Costa Mesa, California
(collectively, the ``Stipulated Respondents'');
(3) Shenzhen Carku Technology Co., Ltd. (``Carku'') of Shenzhen,
China; Aukey Technology Co., Ltd. (``Aukey'') of Shenzhen, China;
Metasee LLC (``Metasee'') of Pearland, Texas; Ace Farmer LLC (``Ace
Farmer'') of Houston, Texas; Shenzhen Gooloo E-Commerce Co., Ltd.
(``Gooloo Ecommerce'') of Shenzhen, China; Gooloo Technologies LLC
(``Gooloo Technologies'') of Shenzhen, China; Shenzhen Konghui Trading
Co., Ltd., d/b/a Hulkman Direct (``Konghui'') of Shenzhen, China;
Hulkman LLC (``Hulkman'') of Santa Clara, California; Shenzhenshi
Daosishangmao Youxiangongsi, d/b/a Fanttik Direct (``Daosi'') of
Shenzhen, China; Shenzhenshi Xinmeitemuxiangbao Zhuangyouxiangongsi, d/
b/a Thikpo (Spanarci) (``Xinmeite'') of Shenzhen, China;
ChangShaHongMaoKai KeJiYouXianGongSi, d/b/a TopdonStarter
(``HongMaoKai'') of Changsha, China; Shenzhenshi
Shoudiankejiyouxiangongsi, d/b/a Solvtin (``Shoudian'') of Shenzhen,
China (collectively, the ``Carku Respondents''); and
(4) ADC Solutions Auto LLC, d/b/a Type S Auto (``ADC'') of Costa
Mesa, California. Id. at 23686-87.
On June 23, 2023, the Commission amended the complaint and notice
of investigation to add infringement allegations as to claims 1-13, 15-
30, 32, 33, 35-44, and 46-57 of U.S. Patent No. 11,584,243 (``the '243
patent''). Order No. 5 (May 26, 2023), unreviewed by Comm'n Notice
(June 26, 2023).
On December 21, 2023, the Commission terminated the investigation
as to the following asserted claims: (i) claims 2, 4-9, 11-13, and 15-
21 of the '992 patent; (ii) claims 2-10, 12-15, and 17 of the '808
patent; (iii) claims 2-16 of the '452 patent; (iv) claims 2-16 of the
'213 patent; (v) claims 2-4, 6-18, 20-23, 25-28, 31, 33, 35-38, and 41-
53 of the '023 patent; (vi) claims 3-9, 15-17, 19-25, 29, 30, 32, 33,
35-44, 46-49, 51-53, and 55-57 of the '243 patent. Order No. 18 (Nov.
27, 2023), unreviewed by Comm'n Notice (Dec. 21, 2023).
On February 7, 2024, the Commission terminated the investigation as
to the '452 patent and the '213 patent. Order No. 24 (Jan. 9, 2024),
unreviewed by Comm'n Notice (Feb. 7, 2024).
On March 11, 2024, the Commission terminated the investigation as
to asserted claims 5, 24, 29-30, and 40 of the '023 patent and asserted
claims 10-13, 26-28, and 50 of the '243 patent, and as to the Non-
Appearing Respondents and the Stipulated Respondents. Order No. 26
(Feb. 9, 2024), unreviewed by Comm'n Notice (March 11, 2024).
On February 26 to March 1, 2024, the ALJ held an evidentiary
hearing, with an additional hearing on March 14, 2024. The '023, '243,
'992 and '808 patents remained asserted in the investigation as of the
evidentiary hearing.
On July 5, 2024, the ALJ issued the FID finding no violation of
section 337 with respect to the remaining asserted patents.
Specifically, the FID finds that all asserted claims of the four
patents are invalid as obvious under 35 U.S.C. 103. The FID finds that
certain accused products infringe the asserted claims of the '023 and
'243 patents, none of the accused products infringe the '992 and '808
patent, and none of the adjudicated redesigns put forth by the Carku
Respondents and ADC (collectively, ``Respondents'') infringe any of the
four asserted patents. The FID also finds that the asserted claims of
the '023 and '243 patents have not been shown to be invalid under 35
U.S.C. 112 based on lack of written description or lack of enablement
and have not been shown to be unenforceable. The FID does not address
invalidity under 35 U.S.C. 112 or unenforceability for the '992 and
'808 patents because the parties did not raise these issues. Lastly,
the FID finds that the domestic industry requirement, both the
technical prong and the economic prong, is satisfied for all four
asserted patents.
On July 19, 2024, the ALJ issued a Recommended Determination
(``RD'') recommending, should the Commission find a violation of
section 337, that the Commission issue: (1) a limited exclusion order
against Respondents (i.e., the remaining respondents); and (2) cease-
and-desist orders against the following respondents: ADC, Metasee,
Gooloo, Konghui, Xinmeite, Shoudian, HongMaoKai, and Daosi. The RD
further recommends that the Commission set a 100 percent bond during
the period of Presidential review.
Also on July 19, 2024, NOCO petitioned for Commission review of the
FID's findings on the '023 and '243 patents concerning: (1)
construction of the claim terms ``USB input circuit,'' ``USB charge
circuit,'' and ``USB input connector'' (collectively, ``the USB
terms''); (2) non-infringement with respect to the accused Carku and
ADC products; and (3) invalidity. On the same day, Respondents
contingently petitioned for Commission review of the FID's findings on
the '023 and '243 patents concerning: (1) infringement with respect to
the accused Carku and ADC products; (2) validity under Sec. 112; and
(3) NOCO's satisfaction of the domestic industry requirement. Further
on the same day, OUII contingently petitioned for Commission review of
the FID's findings on the '023 and '243 patents concerning: (1)
infringement with respect to the accused ADC products and (2)
additional non-infringement grounds concerning the accused Carku
products. No party petitioned for review of the issues on non-
infringement and invalidity as to the '992 and '808 patents, and
enforceability as to the '023 and '243 patents.
On July 25, 2024, 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. 89 FR 60451-52 (July 25, 2024). No responses from the public
were filed. Similarly, no parties have submitted a statement on the
public interest pursuant to
[[Page 82627]]
Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4).
On July 29, 2024, NOCO responded to Respondents' and OUII's
contingent petitions for review of the FID. On the same day,
Respondents responded to NOCO's petition (but did not respond to OUII's
contingent petition), and OUII responded to NOCO's and Respondents'
petitions.
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 the FID's
finding of no violation. In particular, the Commission has determined
to review and, on review, to clarify the FID's jurisdictional findings
by explaining that the Commission's investigative authority is
statutory and that the terms ``subject matter jurisdiction,''
``personal jurisdiction,'' and ``in rem jurisdiction'' are not relevant
to the Commission's investigative authority under section 337. The
Commission has also determined to review and, on review, to affirm with
supplemental analysis the FID's construction of the USB terms recited
in the '023 and '243 patents. The Commission has further determined to
review and, on review, to affirm with supplemental analysis the FID's
findings that the asserted claims of the '023 and the '243 patents are
invalid under 35 U.S.C. 103 and are not invalid under 35 U.S.C. 112.
Lastly, the Commission has determined to review and, on review, to take
no position with respect to the economic prong of the domestic industry
requirement. 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 October 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: October 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-23548 Filed 10-10-24; 8:45 am]
BILLING CODE 7020-02-P
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