[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Notices]
[Pages 48264-48265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17358]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1209]
Certain Movable Barrier Operator Systems and Components Thereof;
Notice of Institution
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 July 6, 2020, under section 337
of the Tariff Act of 1930, as amended, on behalf of Overhead Door
Corporation of Lewisville, Texas and GMI Holdings Inc. of Mount Hope,
Ohio. A supplement to the complaint was filed on July 22, 2020. 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 movable barrier operator
systems and components thereof by reason of infringement of U.S. Patent
No. 8,970,345 (``the '345 Patent''); U.S. Patent No. 9,483,935 (''the
'935 Patent''); U.S. Patent No. 7,173,516 (``the '516 Patent''); U.S.
Patent No. 7,180,260 (``the '260 Patent''); U.S. Patent No. 7,956,718
(``the '718 Patent''); and U.S. Patent No. 8,410,895 (``the '895
Patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute. The
complainants request that the Commission institute an investigation
and, after the investigation, issue a limited exclusion order and a
cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. 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 https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION: 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 (2020).
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
International Trade Commission, on August 4, 2020, 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, 2, 16, and 17 of the '345 patent; claims 1, 4, 16, and 19 of
the '935 patent; claims 10-12, 14-16, and 18 of the '516 patent; claims
1-3, 7, and 8 of the '260 patent; claims 18 and 24 of the '718 patent;
and claim 17 of the '895 patent, and whether an industry in the United
States exists 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 ``garage door systems
and components thereof, remote controls, wireless transmitters, and
software for operating the garage door systems'';
[[Page 48265]]
(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 complainants are:
Overhead Door Corporation, 2501 South State Highway 121, Bus., Suite
200, Lewisville, TX 75067.
GMI Holdings Inc., One Door Drive, Mount Hope, OH 44660.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
The Chamberlain Group, Inc., 300 Windsor Drive, Oak Brook, IL 60523.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent 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 the 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: August 4, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-17358 Filed 8-7-20; 8:45 am]
BILLING CODE 7020-02-P