Notice2026-08805
Certain Photovoltaic Trunk Bus Cable Assemblies and Components Thereof; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Primary source
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
May 6, 2026
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 ("FID") of the presiding administrative law judge ("ALJ") finding a violation of section 337. The Commission requests written 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
<html>
<head>
<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Notices]
[Pages 24605-24607]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08805]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1438]
Certain Photovoltaic Trunk Bus Cable Assemblies and Components
Thereof; Notice of Commission Determination To Review in Part a Final
Initial Determination Finding a Violation of Section 337; Request for
Written Submissions on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review in part a final
initial determination (``FID'') of the presiding administrative law
judge (``ALJ'') finding a violation of section 337. The Commission
requests written 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: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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#ade8e9e4fe9ee5c8c1ddedd8dec4d9ce83cac2db"><span class="__cf_email__" data-cfemail="1653525f45255e737a665663657f627538717960">[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 February 18, 2025, based on a complaint filed by Shoals Technologies
Group, LLC (``Shoals'') of Portland, Tennessee. 90 FR 9730-31 (Feb. 18,
2025). The complaint, as supplemented, alleges violations of section
337 of the
[[Page 24606]]
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain photovoltaic
trunk bus cable assemblies and components thereof by reason of the
infringement of certain claims of U.S. Patent Nos. 12,015,375 (``the
'375 patent'') and 12,015,376 (``the '376 patent'') (collectively, the
``Asserted Patents''). Id. at 9731. The complaint further alleges that
a domestic industry (``DI'') exists. Id. The notice of investigation
names two respondents: Voltage, LLC of Chapel Hill, North Carolina and
Ningbo Voltage Smart Production Co. of Ningbo, China (collectively,
``Voltage''). Id. The Office of Unfair Import Investigations is not
named as a party. Id.
On August 19, 2025, the Commission affirmed an ID granting summary
determination that Voltage has failed to show that the Asserted Patents
are unenforceable based on inequitable conduct under a theory of but-
for materiality. Order No. 19 (July 21, 2025), unreviewed by Comm'n
Notice (Aug. 19, 2025). In that same order, the ALJ denied summary
determination on Voltage's other unenforceability allegations based on
inequitable conduct (under a theory of egregious misconduct) and based
on unclean hands, finding that genuine issues of material fact exist as
to those allegations. Id.
On September 18, 2025, the Commission terminated the investigation
as to the following asserted claims based on withdrawal of the
complaint: (i) claims 2-4, 6, 7, 9, 11, 15-19, and 21-24 of the '375
patent and (ii) claims 2-6, 9, 13-16, and 18-20 of the '376 patent.
Order No. 29 (Aug. 26, 2025), unreviewed by Comm'n Notice (Sept. 18,
2025).
On February 6, 2026, the ALJ issued a combined FID and recommended
determination (``RD'') on remedy and bonding. The FID finds violations
of section 337 with respect to the remaining asserted claims 1, 8, 12,
and 20 of the '375 patent and claims 1, 10, and 12 of the '376 patent.
Specifically, the FID finds that: (i) Shoals has standing to assert
both Asserted Patents; (ii) the asserted claims listed above are
directly infringed by Voltage; (iii) Voltage both induced and
contributed to the infringement of each of the asserted claims listed
above; (iv) none of the remaining asserted claims is invalid; (v)
Voltage has failed to show that the Asserted Patents are unenforceable
due to unclean hands; and (vi) Shoals has satisfied the technical and
economic prongs of the DI requirement as to both Asserted Patents. The
RD recommends that, should the Commission determine that a violation of
section 337 has occurred, the Commission should: (i) issue a limited
exclusion order against Voltage's infringing products; (ii) not issue
cease and desist orders against the Voltage respondents; and (iii)
impose a 100 percent bond for importations of infringing products
during the period of Presidential review.
On February 20, 2026, Voltage filed a petition seeking review of
certain findings in the FID concerning (i) claim construction and
infringement of the asserted claims of the Asserted Patents, and (ii)
Voltage's allegations that the Asserted Patents are unenforceable due
to unclean hands. That same day, Shoals filed a petition seeking review
of the FID's adjudicability findings concerning certain alternative
designs submitted by Voltage in this investigation that the FID finds
do not infringe the Asserted Patents. On March 2, 2026, Shoals and
Voltage each filed a response opposing the other's petition.
On March 9, 2026, Shoals filed a submission on the public interest
pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). The
Commission did not receive a submission from Voltage. The Commission
also received three public interest submissions in response to the
Commission's Federal Register notice from Senators Blackburn and
Hagerty, from the Tennessee Chamber of Commerce and Industry, and from
Representative Rose. See 91 FR 6662-63 (Feb. 12, 2026).
On April 15, 2026, Voltage filed a motion pursuant to Commission
Rules 210.15(a)(2) and 210.38(a) (19 CFR 210.15(a)(2) and 210.38(a)),
asking the Commission to reopen the record to admit as evidence four
documents purportedly relating to its unclean hands defense. On April
27, 2026, Shoals filed a response opposing Voltage's motion.
Having reviewed the record of this investigation, including the
FID, the parties' submissions to the ALJ, and the parties' petitions
for Commission review of the FID and responses thereto, the Commission
has determined to review the FID in part. Specifically, the Commission
has determined to review the FID's finding that Shoals has satisfied
the economic prong of the DI requirement as to the Asserted Patents.
The Commission has determined not to review the remaining findings in
the FID.
The Commission also has determined to deny Voltage's motion to
reopen the record. The Commission finds Voltage's motion untimely given
that Voltage was aware of the existence of the subject documents before
the evidentiary record closed in this investigation (Voltage admits
they are listed on a privilege log produced by third-party Maschoff
Brennan, served about one month before the deposition of its
representative, Mr. Paul Johnson), questioned Mr. Johnson about these
documents at his deposition, had the opportunity before the ALJ to move
to compel the production and request in camera review of these
documents--but chose not to do so--despite successfully compelling the
production and requesting in camera review of other documents listed on
Mr. Johnson's privilege log, and offers no compelling excuse for its
decision not to pursue these documents during discovery before the ALJ.
In addition, the Commission finds that these documents are cumulative
of the evidence already of record and Voltage fails to adequately
explain how these documents would affect the FID's finding that the
Asserted Patents have not been shown to be unenforceable for unclean
hands.
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 Voltage 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
[[Page 24607]]
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: 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. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
In its initial written submission, Shoals is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. Shoals is 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 Shoals the
parties must be filed no later than close of business on May 15, 2026.
All reply submissions must be filed no later than the close of business
on May 22, 2026. Opening submissions from the parties are limited to 25
pages. Reply submissions from the parties are limited to 15 pages. All
submission 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-1438) 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 1,
2026.
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 1, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-08805 Filed 5-5-26; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 6, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.