[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 5036-5038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01370]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1125]
Certain Height-Adjustable Desk Platforms and Components Thereof
Issuance of a General Exclusion Order and Cease and Desist Orders;
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 issue a general exclusion order (``GEO'')
prohibiting the unlicensed importation of platforms that sit on an
existing desk or work surface and can be adjusted to different heights
that infringe one or more of claims 1-2, 4, and 10-11 of U.S. Patent
No. 9,113,703 (``the '703 patent''); claims 11, 16, 18, and 22-26 of
U.S. Patent No. 9,277,809 (``the '809 patent''); claims 1, 4-5, 11-12,
26, and 33-36 of U.S. Patent No. 9,554,644 (``the '644 patent''); and
claims 20-21 and 40-50 of U.S. Patent No. 9,924,793 (``the '793
patent''); and cease and desist orders (``CDO'') against certain
respondents that had not participated in the above-captioned
investigation. The investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General
[[Page 5037]]
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW, Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(https://edis.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: On July 30, 2018, the Commission instituted
this investigation based on a complaint and supplements thereto filed
on behalf of Varidesk LLC (``Varidesk'') of Coppell, Texas. 83 FR 36621
(July 30, 2018). The complaint 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, the sale for importation, and the
sale within the United States after importation of certain height-
adjustable desk platforms and components thereof by reason of
infringement of one or more claims of the '703, the '809, the '644, and
the '793 patents. Id. The complaint further alleges that an industry in
the United States exists as required by section 337. Id.
The Commission's notice of investigation named thirty-one
respondents: (1) Albeit LLC of San Francisco, California (``Albeit'');
(2) ATC Supply LLC of Plainfield, Illinois (``ATC Supply''); (3)
Shenzhen Atc Network Scienology CO., LTD. of Guangdong, China
(``Shenzhen ATC''); (4) Best Choice Products of Ontario, California
(``Best Choice''); (5) Huizhou Chang He Home Supplies Co., Ltd. of
Guangdong, China (``Chang He''); (6) Dakota Trading, Inc. of Emerson,
New Jersey (``Dakota''); (7) Designa Inc. of Guangdong, China
(``Designa''); (8) Designa Group, Inc. of El Dorado Hills, California
(``Designa Group''); (9) Eureka LLC of El Dorado Hills, California
(``Eureka''); (10) LaMountain International Group LLC of Elk Grove,
California (``LaMountain''); (11) Amazon Import Inc. of El Monte,
California (``Amazon Imports''); (12) Hangzhou Grandix Electronics Co.,
Ltd. of Zhejiang, China (``Grandix''); (13) Ningbo GYL International
Trading Co., Ltd. of Zhejiang, China (``Ningbo GYL''); (14) Knape &
Vogt Manufacturing Co. of Grand Rapids, Michigan (``Knape & Vogt'');
(15) JV Products Inc. of Milpitas, California (``JV Products''); (16)
Vanson Distributing, Inc. of Milpitas, California (``Vanson
Distributing''); (17) Vanson Group, Inc. of Milpitas, California
(``Vanson Group''); (18) S.P. Richards Co. DBA Lorell of Smyrna,
Georgia (``Lorell''); (19) Nantong Jon Ergonomic Office Co., Ltd. of
Jiangsu, China (``Nanotong Jon''); (20) Jiangsu Omni Industrial Co.,
Ltd. of Jiangsu, China (``Jiangsu Omni''); (21) OmniMax USA, LLC of
Anna, Texas (``OmniMax USA''); (22) Haining Orizeal Import and Export
Co., Ltd. of Zhejiang, China (``Haining Orizeal''); (23) Qidong Vision
Mounts Manufacturing Co., Ltd. of Jiangsu, China (``Vision Mounts'');
(24) Hangzhou KeXiang Keji Youxiangongsi of Hangzhou, China (``Hangzhou
KeXiang''); (25) Smugdesk, LLC of La Puente, California (``Smugdesk'');
(26) Venditio Group, LLC of Elkton, Florida (``Venditio''); (27) Versa
Products Inc. of Los Angeles, California (``Versa''); (28) Victor
Technology, LLC of Bolingbrook, Illinois (``Victor''); (29) CKnapp
Sales, Inc. DBA Vivo of Goodfield, Illinois (``Vivo''); (30) Wuhu
Xingdian Industrial Co., Ltd. of Anhui, China (``Wuhu Xingdian''); and
(31) Wuppessen, Inc. of Ontario, California (``Wuppessen''). Id. The
Office of Unfair Import Investigations (``OUII'') was also named as a
party in this investigation. Id.
During the course of the investigation, Varidesk settled with the
following respondents: Venditio, Jiangsu Omni, OmniMax USA, Knape &
Vogt, Wuppessen, Victor, Versa, Designa, Designa Group, Eureka, Chang
He, Vision Mounts, Vivo, Nanotong Jon, Best Choice, Grandix, Hangzhou
KeXiang, Lorell, and Dakota. Order No. 7, unreviewed, Notice (Sept. 18,
2018); Order No. 11, unreviewed, Notice (Sept. 25, 2018); Order No. 12,
unreviewed, Notice (Oct. 4, 2018); Order No. 13, unreviewed, Notice
(Oct. 4, 2018); Order No. 16, unreviewed, Notice (Nov. 9, 2018); Order
No. 18, unreviewed, Notice (Nov. 29, 2018); Order No. 20, unreviewed,
Notice (Feb. 21, 2019); Order No. 23, unreviewed, Notice (Mar. 12,
2019); Order No. 25, unreviewed, Notice (Apr. 5, 2019); Order No. 31,
unreviewed, Notice (May 16, 2019). In addition, the investigation
terminated as to LaMountain based on a consent order stipulation. Order
No. 15, unreviewed, Notice (Oct. 22, 2018). The investigation has also
previously terminated as to certain claims of each asserted patent.
Order No. 30, unreviewed, Notice (May 13, 2019).
On April 11, 2019, Varidesk moved for summary determination of a
violation of section 337 as to the remaining eleven respondents, who
were served with a copy of the complaint, but had not filed a response
or participated in the investigation. On April 24, 2019, Varidesk filed
a supplement to the motion. The remaining respondents (collectively,
``the Non-Participating Respondents'') are: (1) Albeit, (2) ATC Supply,
(3) Shenzhen ATC, (4) Amazon Imports, (5) Ningbo GYL, (6) JV Products,
(7) Vanson Distributing, (8) Vanson Group, (9) Haining Orizeal, (10)
Smugdesk, and (11) Wuhu Xingdian. On April 26, 2019, OUII filed a
response supporting Varidesk's motion in substantial part.
On September 13, 2019, the presiding administrative law judge
(``ALJ'') issued an initial determination (``ID'') (Order No. 33), and
a recommended determination (``RD'') on remedy and bonding. The ID
granted the motion in part. Specifically, the ALJ found, inter alia,
(1) that Varidesk established the importation requirement as to each
Non-Participating Respondent, except for Haining Orizeal; (2) that
Varidesk established infringement as to all accused products and all
remaining asserted claims (claims 1-2, 4, and 10-11 of the '703 patent;
claims 11, 16, 18, and 22-26 of the '809 patent; claims 1, 4-5, 11-12,
26, and 33-36 of the '644 patent; and claims 20-21 and 40-50 of the
'793 patent); and (3) that Varidesk satisfied the domestic industry
requirement for each asserted patent. In addition, the ALJ recommended
that the Commission issue a general exclusion order and impose a 100
percent bond during the period of Presidential review. The ALJ also
recommended that the Commission not issue cease and desist orders
directed to the Non-Participating Respondents.
On October 29, 2019, the Commission determined not to review the
ID. 84 FR 59417 (Nov. 4, 2019). The Commission's determination resulted
in finding a violation of section 337 as to Albeit, ATC Supply,
Shenzhen ATC, Amazon Imports, Ningbo GYL, JV Products, Vanson
Distributing, Vanson Group, Smugdesk, and Wuhu Xingdian, but not as to
Haining Orizeal. See id. The Commission also requested written
submissions on remedy, the public interest, and bonding. See id. On
November 13, 2019, Varidesk and OUII submitted their briefs on remedy,
the public interest, and bonding. Varidesk further filed a response
brief on November 20, 2019.
[[Page 5038]]
The Commission has determined that the appropriate remedy in this
investigation is: (1) A GEO prohibiting the unlicensed importation of
platforms that sit on an existing desk or work surface and can be
adjusted to different heights that infringe one or more of claims 1-2,
4, and 10-11 of the '703 patent; claims 11, 16, 18, and 22-26 of the
'809 patent; claims 1, 4-5, 11-12, 26, and 33-36 of the '644 patent;
and claims 20-21 and 40-50 of the '793 patent; and (2) CDOs prohibiting
respondents Albeit, ATC Supply, Amazon Import, JV Products, Vanson
Distributing, Vanson Group, and Smugdesk from further importing,
selling, and distributing infringing products in the United States.
(Chairman Johanson and Commissioner Stayin dissent with respect to the
Commission's determination to issue CDOs in this investigation.) The
Commission has also determined that the public interest factors
enumerated in paragraphs 337(d)(1) and (f)(1), 19 U.S.C. 1337(d)(1) and
(f)(1), do not preclude issuance of these remedial orders. Finally, the
Commission has determined that the bond during the period of
Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the
amount of 100 percent of the entered value of the imported articles.
The Commission's order was delivered to the President and to the United
States Trade Representative on the day of its issuance. 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
part 210).
By order of the Commission.
Issued: January 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-01370 Filed 1-27-20; 8:45 am]
BILLING CODE 7020-02-P