Notice2024-26806
Certain Electronic Eyewear Products, Components Thereof, and Related Charging Apparatuses; Institution of Investigation
Primary source
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Published
November 18, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 10, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Igeniospec, LLC of San Jose, California. The complaint 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 electronic eyewear products, components thereof, and related charging apparatuses by reason of the infringement of certain claims of U.S. Patent No. 10,310,296 ("the '296 patent"); U.S. Patent No. 11,762,224 ("the '224 patent"); and U.S. Patent No. 12,078,870 ("the '870 patent"). The 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 complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 222 (Monday, November 18, 2024)</title>
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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90737-90738]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26806]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1423]
Certain Electronic Eyewear Products, Components Thereof, and
Related Charging Apparatuses; Institution of Investigation
AGENCY: U.S. 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 October 10, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Igeniospec, LLC
of San Jose, California. The complaint 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
[[Page 90738]]
certain electronic eyewear products, components thereof, and related
charging apparatuses by reason of the infringement of certain claims of
U.S. Patent No. 10,310,296 (``the '296 patent''); U.S. Patent No.
11,762,224 (``the '224 patent''); and U.S. Patent No. 12,078,870 (``the
'870 patent''). The 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 complainant requests
that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and cease and desist
orders.
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#5f1a1b160c6c173a332f1f2a2c362b3c71383029"><span class="__cf_email__" data-cfemail="83c6c7cad0b0cbe6eff3c3f6f0eaf7e0ade4ecf5">[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: Susan Orndoff, The Office of Docket
Services, 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 complaint, the U.S.
International Trade Commission, on November 12, 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 1-15, 17, 18, 20, 21, 23-25, 28-35, and 37 of the '296 patent;
claims 27-48 of the '224 patent; and claims 36, 43-53, 55-67, and 69-72
of the '870 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 ``eyewear products
containing electronic components in the frames and/or lenses,
associated components, and related charging apparatuses'';
(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:
INGENIOSPEC, LLC, 4010 Moorpark Avenue, Suite 211, San Jose, CA 95129
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
ByteDance, Ltd., Xueyan S Rd., Shuangyushu, Haidian District, Beijing
China 100080
ByteDance Inc., 251 Little Falls Drive, Wilmington, Delaware 19808
Qingdao Chuangjian Weilai Technology Co., Ltd., Room 401, 4th Floor,
Building 3, Qingdao Research Institute, 393 Songling Road, Laoshan
District, Qingdao City, Shangdong Province, P.R. China
Funnico Inc., 1199 Coleman Avenue, San Jose, California 95110
PICO Immersive Pte. Ltd., 1 Raffles Quay, #26-10, Singapore 048583
HTC Corporation, No. 23, Xinghua Rd., Taoyuan Dist., Taoyuan City 330,
Taiwan
HTC Europe Co Ltd., Wellington St., Slough, Berkshire, SL1 1YP, UK
HTC Poland SP Z O.O., Aleje Jerozolimskie 146A, 00-001, Warszawa,
Poland
Meta Platforms, Inc., 1 Meta Way, Menlo Park, CA 94025
Meta Platforms Technologies, LLC, 1 Hacker Way, Menlo Park, CA 94025
Meta Platforms Technologies Ireland Ltd., Merrion Road, Dublin 4, D04
X2K5, Ireland
Meta Platforms Technologies UK Ltd., 10 Brock Street, Regent's Place,
London NQ1, 33FG, United Kingdom
Valve Corporation, 10400 NE 4th Street Suite 1400, Bellevue, WA 98004
Valve GmbH Corporation, Rodingsmarkt 9 D-20459, Hamburg Germany
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the 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 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 a 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: November 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-26806 Filed 11-15-24; 8:45 am]
BILLING CODE 7020-02-P
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