Certain Filament Light-Emitting Diodes and Products Containing Same Institution of Investigation
| Citation | 84 FR 46564 |
| Record Number | 2019-18971 |
| Published date | 04 September 2019 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 84 Issue 171 (Wednesday, September 4, 2019)
[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Notices]
[Pages 46564-46565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18971]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1172]
Certain Filament Light-Emitting Diodes and Products Containing
Same Institution of Investigation
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 30, 2019, under section 337
of the Tariff Act of 1930, as amended, on behalf of The Regents of the
University of California of Oakland, California. 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 filament light-emitting diodes and
products containing same by reason of infringement of certain U.S.
Patent No. 7,781,789 (``the '789 patent''); U.S. Patent No. 9,240,529
(``the '529 patent''); U.S. Patent No. 9,859,464 (``the '464 patent'');
and U.S. Patent No. 10,217,916 (``the '916 patent''). The complaint
further alleges that an industry in the United States exists as
required by the applicable Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order, and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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, Room 112, Washington,
DC 20436, telephone (202) 205-2000. 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. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: 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 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 28, 2019, 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 3, 5, 9, 12, 13, 15, 18, 28, 31, 33, 37, 40, 41, 43, 47, and 56
of the '789 patent; claims 1, 3, 4, 6, 8-10, 12, 13, 15, 16, 18, 20,
21, and 24 of the '529 patent; claims 1, 2, 4, 5, 7-12, 14, 15, and 17-
20 of the '464 patent; and claims 1, 5-9, 13, 14, 18-22, and 26 of the
'916 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 ``light bulbs
containing filament LEDs and lighting products containing light bulbs
containing filament LEDs'';
(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 complainant is:
The Regents of the University of California, 1111 Franklin Street,
Oakland, CA 94607.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98258.
Amazon.com Services, Inc., 410 Terry Avenue North, Seattle, WA 98109.
Bed Bath & Beyond Inc., 650 Liberty Avenue, Union, NJ 07083.
IKEA of Sweden AB, Tulpanvagen 8, Almhult 343 34, Sweden.
IKEA Supply AG, Gr[uuml]ssenweg 15, CH-4133 Pratteln, Switzerland.
IKEA Distribution Services Inc., 420 Alan Wood Road, Conshohocken, PA
19428.
IKEA North America Services, LLC, 420 Alan Wood Road, Conshohocken, PA
19428.
Target Corporation, 1000 Nicollet Mall, Minneapolis, MN 55403.
Walmart Inc., 702 SW 8th Street, Bentonville, AR 72716.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents 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), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission 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 a 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
[[Page 46565]]
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 28, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18971 Filed 9-3-19; 8:45 am]
BILLING CODE 7020-02-P
