[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Pages 23376-23377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08831]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1131]
Certain Wireless Mesh Networking Products and Related Components
Thereof; Commission Determination To Review in Part and Vacate in Part
a Final Initial Determination and To Affirm the Finding of No Violation
of Section 337; Termination of the 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 the Administrative Law
Judge's (``ALJ'') final initial determination (``ID''), issued on
January 10, 2020, affirm the ID's finding of no violation of section
337 in the above-referenced investigation, and vacate in part the ID.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.usitc.gov. 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 September 10, 2018, based on a complaint, as supplemented, filed by
SIPCO LLC of Ashburn, Virginia (``SIPCO''). See 83 FR 45681-82 (Sep.
10, 2018). The complaint, as supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337),
based upon the importation into the United States,
[[Page 23377]]
the sale for importation, and the sale within the United States after
importation of certain wireless mesh networking products and related
components thereof by reason of infringement of certain claims of U.S.
Patents Nos. 6,914,893 (``the '893 patent''); 7,103,511 (``the '511
patent''); 8,964,708 (``the '708 patent''); and 9,439,126 (``the '126
patent''). See id. The notice of investigation names the following
respondents: Emerson Electric Co. of St. Louis, Missouri; Emerson
Process Management LLLP of Bloomington, Minnesota; Emerson Process
Management Asia Pacific Private Limited of Singapore; Emerson Process
Management Manufacturing (M) Sdn. Bhd. of Nilai, Malaysia; Fisher-
Rosemount Systems, Inc. of Round Rock, Texas; Rosemount Inc. of
Shakopee, Minnesota; Analog Devices, Inc. of Norwood, Massachusetts;
Linear Technology LLC of Milpitas, California; Dust Networks, Inc. of
Union City, California; Tadiran Batteries Inc. of Lake Success, New
York; and Tadiran Batteries Ltd. of Kiryat Ekron, Israel. See id. The
Office of Unfair Import Investigations is not a party to this
investigation. See id.
During the course of the investigation, respondents Dust Networks,
Inc., Tadiran Batteries Inc., and Tadiran Batteries Ltd. were
terminated from the investigation. The remaining respondents are
Emerson Electric Co.; Emerson Process Management LLLP; Emerson Process
Management Asia Pacific Private Limited; Emerson Process Management
Manufacturing (M) Sdn. Bhd.; Fisher-Rosemount Systems, Inc.; Rosemount
Inc.; Analog Devices, Inc.; and Linear Technology LLC (collectively
``Respondents''). The asserted claims of the '126 patent and '511
patent were also terminated from the investigation. The '893 and '708
patents remain asserted in this investigation.
On January 10, 2020, the ALJ issued the final ID in this
investigation. The ID found no violation of section 337. The ID's
finding included subsidiary findings that SIPCO failed to show
infringement of any asserted claim of the '893 or '708 patents and that
all of the remaining asserted claims of the '708 patent were invalid.
The ID also found that SIPCO failed to satisfy the domestic industry
requirement for either of the '708 or '893 patents. The ID also
included the ALJ's recommended determination on remedy bonding. In the
event the Commission were to find a violation of section 337, the ALJ
recommended issuance of a limited exclusion order, a cease and desist
order, and a bond of either 0.1% or 0.05%, depending on the basis for
the violation finding.
On January 27, 2020, SIPCO and Respondents submitted petitions
seeking review of the ID. On February 4, 2020, SIPCO and Respondents
submitted responses to the others' petitions.
Having examined the record of this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review the ID with respect to (1) the construction of
``remote wireless device'' in the '708 patent; (2) infringement and
validity of the '708 patent; (3) infringement and validity of the '893
patent; and (4) whether SIPCO satisfies the domestic industry
requirement of section 337 for the '708 or the '893 patent. The
Commission has determined not to review the remainder of the ID.
On review, the Commission has determined to affirm the ID's finding
of no violation of section 337 with regard to the '708 patent and the
'893 patent. In addition, the Commission has determined to vacate
certain portions of the final ID. The Commission opinion is issued
concurrently herewith.
The investigation is hereby terminated.
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
210).
By order of the Commission.
Issued: April 21, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-08831 Filed 4-24-20; 8:45 am]
BILLING CODE 7020-02-P