[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Pages 36614-36615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1124]
Certain Powered Cover Plates; Issuance of a General Exclusion
Order and Four Cease and Desist Orders; Termination of 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'')
and four cease and desist orders (``CDOs'') in the above-captioned
investigation. The Commission has terminated this investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General 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 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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the investigation
on July 23, 2018, based on a complaint filed by SnapRays, LLC d/b/a
SnapPower of Vineyard, UT (``SnapPower,'' or ``Complainant''). 83 FR
34871 (July 23, 2018). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain powered cover plates by reason of
infringement of certain claims of U.S. Patent Nos. 9,871,324; 9,882,361
(``the '361 patent''); 9,917,430; and U.S. Design Patent No. D819,426.
Id. at 34872. The complaint further alleges that a domestic industry
exists. Id. The Commission's notice of investigation named the
following respondents: (1) Ontel Products Corporation of Fairfield, New
Jersey; (2) Dazone, LLC of Ontario, Canada (``Dazone''); (3) Shenzhen
C-Myway of Shenzhen, Guangdong, China; (4) E-Zshop4u LLC of Howey in
the Hills, Florida; (5) Desteny Store of Fort Meyers, Florida
(``Desteny''); (6) Zhongshan Led-Up Light Co., Ltd. of Zhongshan,
Guangdong, China; (7) AllTrade Tools LLC of Cypress, California; (8)
Guangzhou Sailu Info Tech. Co., Ltd. of Guangzhou, Gunagdong, China;
(9) Zhejiang New-Epoch Communication Industry Co., Ltd. of Yueging,
Zhejiang, China (``NEPCI''); (10) KCC Industries of Eastvale,
California; (11) Vistek Technology Co., Ltd. of Fuyong, Baoan,
Shenzhen, China (``Vistek''); (12) Enstant Technology Co., Ltd. of
Xixiang Baoan District, Shenzhen, China (``Enstant''); and (13)
Manufacturers Components Incorporated of Pompano Beach, Florida
(``MCI''). Id. The Office of Unfair Import Investigations is
participating in the investigation.
The Commission previously terminated the investigation as to, or
found in default, all named respondents except Enstant and Vistek
(collectively, ``Enstant/Vistek''). Order No. 5 (Sept. 26, 2018), non-
reviewed Notice (Oct. 29, 2018); Order No. 6 (Sept. 26, 2018), non-
reviewed Notice (Oct. 29, 2018); Order No. 8 (Sept. 28, 2018), non-
reviewed Notice (Oct. 23, 2018); Order No. 12 (Oct. 2, 2018), non-
reviewed Notice (Nov. 27, 2018); Order No. 18 (Nov. 28, 2018), non-
reviewed Notice (Dec. 21, 2018); Order, No. 36 (Apr. 11, 2019), non-
reviewed Notice (May 8, 2019).
Respondents Enstant and Vistek chose not to contest importation and
infringement. Similarly, there were no genuine disputes of material
fact with respect to the technical prong of the domestic industry
(``DI'') requirement. As a result, the presiding administrative law
judge (``ALJ'') decided these legal issues against Enstant and Vistek
and the Defaulting Respondents through orders granting complainant
SnapPower's motions for summary determination. See Order No. 39 (July
10, 2019) (Importation and Infringement); Order No. 40 (July 22, 2019)
(Technical DI)).
On August 12, 2019, the ALJ issued an ``Initial Determination on
Violation of Section 337 and Recommended Determination on Remedy and
Bond'' (``ID/RD'') finding a violation of section 337 with respect to
the participating respondents Enstant and Vistek and defaulting
respondents Dazone, Desteny, MCI, and NEPCI (collectively, ``Defaulting
Respondents'') under all of the asserted patents. See ID/RD at 125-26.
The final ID notes that ``Respondents Enstant and Vistek filed a
motion for summary determination of non-infringement (`Redesign SD
Motion') of
[[Page 36615]]
[the '361 patent] by Redesign Models P001 (Smart Wall Plate Charger,
Decor Outlet, with USB charger) and P002 (Smart Wall Plate Charger,
Duplex Outlet with USB charger).'' ID/RD at 14. In the Redesign SD
Motion, Enstant sought summary determination that powered cover plate
model numbers P001 and P002 (``Enstant's Redesigns'') do not infringe
claims 1, 3-4, 10, 14, 17, 21, and 23-24 of the '361 patent. Redesign
SD Motion at 16. The final ID finds, however, that ``Enstant's and
Vistek's Redesign SD Motion was effectively rendered moot by rulings on
Motions in Limine even though Enstant and Vistek's Redesign SD Motion
was granted during the March 29, 2019 Teleconference.'' ID/RD at 14
(citing Tel. Tr. at 7:15-9:14 (Mar. 29, 2019)).
The ALJ's rulings on Motions in Limine addressed: (1) Enstant/
Vistek's Motion in Limine (``Respondents' MIL'') to preclude
Complainant SnapPower from asserting or providing evidence during the
evidentiary hearing (``Hearing'') that the Enstant Redesigns infringe
any SnapPower patents, Order No. 42 at 1 (Aug. 12, 2019) (citing Motion
Docket No. 1124-041 (Feb. 19, 2019); Respondents' MIL at 2); and (2)
SnapPower's Corrected Motion In Limine (``SnapPower MIL'') to preclude
evidence of the Enstant Redesigns from the Hearing, and in the
alternative, to permit SnapPower to assert infringement against the
Redesigns by amending the Complaint and Notice of Investigation, Order
No. 42 at 2 n. 2 (citing Motion Docket No. 1124-033 (Feb. 13, 2019),
SnapPower MIL at 1). See also ID/RD at 14-15.
On October 11, 2019, the Commission determined to review the final
ID in part and to remand the investigation to the ALJ for a remand
initial determination (``RID'') to address the final ID's finding that
Enstant/Vistek's Redesign SD Motion is moot. 84 FR 55985-86 (Oct. 18,
2019).
By not reviewing the relevant portion of the final ID, see id. at
55986, the Commission found a violation of section 337 with respect to
participating respondents Enstant and Vistek, and the Defaulting
Respondents Dazone, Desteny, NEPCI, and MCI. See id. at 55985-86. See
also ID/RD at 3-4, 125-26.
On January 30, 2020, the ALJ issued an RID, granting Enstant's
Redesign SD Motion. Specifically. the RID finds that there is no
dispute that Enstant's Redesigns do not infringe claims 1, 3-4, 10, 14,
17, 21, and 23-24 of the '361 patent--the only patent asserted against
Enstant's Redesigns. RID at 15-20. No party petitioned for review of
the RID. The Commission determined not to review the RID. See 85 FR
21457-59 (Apr. 17, 2020) (``Commission Notice''). The Commission also
requested written submissions on remedy, the public interest, and
bonding. Id. at 21458-59.
On March 30, 2020, all parties to the investigation filed their
opening written submissions on remedy, the public interest, and
bonding. On April 7, 2020, all parties filed their responsive written
submissions. No other submissions were received by the Commission.
Having examined the record in this investigation, including the
parties' submissions on remedy, the public interest, and bonding filed
in response to the Commission Notice, the Commission has determined
that the appropriate form of relief in this investigation is: (1) A GEO
prohibiting the unlicensed entry of infringing powered cover plates,
which are electrical receptacle covers with built-in functionality,
that infringe one or more of claims 1, 4, 8, 9, 10, 13, 17, and 19 of
the '324 patent; claims 1, 4, 10, 14, 21, 23, and 24 of the '361
patent; claims 1, 2, 3, 7, 18, and 19 of the'430 patent; and the claim
of the D'426 patent that are manufactured, and imported from, abroad;
and (b) CDOs directed at Respondents Dazone, Desteny, MCI, and NEPCI,
and their affiliated companies, parents, subsidiaries, or other related
business entities, or their successors or assigns. As noted above,
Enstant's Redesigns do not fall within the scope of these remedial
orders with respect to the asserted claims of the 361 patent.
The Commission has further determined that the public interest
factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C.
1337(d)(l), (f)(1)) do not preclude issuance of the above-referenced
remedial orders. Additionally, the Commission has determined to impose
a bond of one hundred (100) percent of entered value of the covered
products during the period of Presidential review (19 U.S.C. 1337(j)).
The investigation is terminated.
The Commission vote for this determination took place on June 11,
2020.
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: June 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-12994 Filed 6-16-20; 8:45 am]
BILLING CODE 7020-02-P