Notice2025-09655
Certain Liquid Coolers for Electronic Components in Computers, Components Thereof, Devices for Controlling Same, and Products Containing Same; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
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Published
May 29, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review in part a final initial determination ("ID") of the presiding administrative law judge ("ALJ"), Chief Judge Cheney. The Commission requests written submissions from the parties on the issues under review and submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
Full Text
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<title>Federal Register, Volume 90 Issue 102 (Thursday, May 29, 2025)</title>
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[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Pages 22755-22756]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09655]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1394]
Certain Liquid Coolers for Electronic Components in Computers,
Components Thereof, Devices for Controlling Same, and Products
Containing Same; Notice of a Commission Determination To Review in Part
a Final Initial Determination Finding a Violation of Section 337;
Request for Written Submissions on the Issues Under Review and on
Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review in part a final
initial determination (``ID'') of the presiding administrative law
judge (``ALJ''), Chief Judge Cheney. The Commission requests written
submissions from the parties on the issues under review and submissions
from the parties, interested government agencies, and other interested
persons on the issues of remedy, the public interest, and bonding,
under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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#296c6d607a1a614c4559695c5a405d4a074e465f"><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 21, 2024, based on a complaint filed on behalf of Cooler
Master Co., Ltd. of Taiwan; CMI USA, Inc. of Claremont, California; and
CMC Great USA, Inc. of San Jose, California (collectively,
``Complainants''). 89 FR 20247-48 (Mar. 21, 2024). The complaint, as
supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain liquid coolers for electronic components
in computers, components thereof, devices for controlling same, and
products containing same by reason of infringement of claims 1-3 and 14
of U.S. Patent No. 10,509,446 (``the '446 patent''); claims 1-4 of U.S.
Patent No. 11,061,450 (``the '450 patent''); and the claim of U.S.
Patent No. D856,941 (``the '941 design patent''). Id. The complaint
further alleges that a domestic industry exists. Id. The Commission's
notice of investigation named as respondents SilverStone Technology
Co., Ltd. of Taiwan; SilverStone Technology, Inc. of Chino, California;
Enermax Technology Corp. of Taiwan; Enermax USA of Chino, California;
Shenzhen Apaltek Co., Ltd. of China; and Guangdong Apaltek Liquid
Cooling Technology Co., Ltd. of China (collectively, ``Respondents'').
Id. The Office of Unfair Import Investigations is not participating in
the investigation. Id.
The '941 design patent was terminated from the investigation by
withdrawal of the complaint. Order No. 7 (Sept. 6, 2024), unreviewed by
Comm'n Notice (Sept. 30, 2024).
A claim construction hearing was held on July 22, 2024, and a claim
construction order issued on November 20, 2024. Order No. 10 (Nov. 20,
2024). An evidentiary hearing was held on December 2-5, 2024.
On March 21, 2025, the ALJ issued the subject ID. Respondents filed
a petition for review of the ID on April 4, 2025. Complainants filed
their response on April 14, 2025.
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ, and the petition for
review and response thereto, the Commission has determined to review
the ID in part. Specifically, the Commission has determined to review
the ID's analysis of the limitation ``defining a heat exchange
chamber'' in the asserted claims of the '446 patent and the '450 patent
in the context of invalidity, infringement, and the technical prong of
the domestic industry requirement. The Commission has also determined
to review the ID's findings on the economic prong of the domestic
industry requirement. The Commission has determined not to review the
ID's findings on other issues.
In connection with its review, the Commission requests responses to
the following questions. The parties are requested to brief their
positions with reference to the applicable law and the existing
evidentiary record.
(1) Did the ID apply the plain and ordinary meaning of the claim
limitation ``defining a heat exchange chamber'' in the context of the
'446 patent and '450 patent with respect to invalidity, infringement,
and the technical prong of the domestic industry requirement? If you
disagree with the ID's interpretation of this limitation, please
explain what meaning should have been applied and identify where you
raised such arguments before the ALJ.
(2) Did the ID consistently apply the scope of the ``defining a
heat exchange chamber'' limitation to the prior art, the accused
products, and the domestic industry products? If you contend that there
are inconsistencies in the ID, please explain how the limitation should
have been consistently applied and identify where you raised such
arguments before the ALJ.
(3) What is the amount of the domestic industry investments in
dispute with respect to the remote controller addressed in the ID at
pages 118-20? Are the domestic industry activities related to the
remote controller limited to certain employees, a certain timeframe, or
certain domestic
[[Page 22756]]
industry products? Can the domestic industry investments in this
investigation be allocated or otherwise modified to exclude all
investments related to the remote controller? How would exclusion of
these investments affect the ID's determination regarding the existence
of a domestic industry?
(4) Is there any evidence in the record that shows how many
employees or subcontractors of Complainants work on any aspect of the
domestic industry products worldwide, including manufacturing
activities? If so, please identify the number of worldwide employees or
subcontractors and the labor costs attributable to the domestic
industry products for those worldwide employees or subcontractors.
The parties are invited to brief only the discrete issues requested
above. The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist orders would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues identified in this notice.
Parties to the investigation, interested government agencies, and any
other interested parties are encouraged to file written submissions on
the issues of remedy, the public interest, and bonding.
In their initial submission, Complainants are also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. Complainants are further requested to
state the dates that the Asserted Patents expire, to provide the HTSUS
subheadings under which the accused products are imported, and to
supply the identification information for all known importers of the
products at issue in this investigation. All initial written
submissions, from the parties and/or third parties/interested
government agencies, and proposed remedial orders from the parties must
be filed no later than close of business on June 5, 2025. All reply
submissions must be filed no later than the close of business on June
12, 2025. Opening submissions from the parties are limited to 40 pages.
Reply submissions from the parties are limited to 30 pages. All
submissions from third parties and/or interested government agencies
are limited to 10 pages. No further submissions on any of these issues
will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(Inv. No. 337-TA-1394) in a prominent place on the cover page and/or
the first page. (See Handbook for Electronic Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons
with questions regarding filing should contact the Secretary, (202)
205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on May 22,
2025.
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: May 22, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-09655 Filed 5-28-25; 8:45 am]
BILLING CODE 7020-02-P
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