[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63290-63291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22114]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1168]
Certain Light-Emitting Diode Products, Systems, and Components
Thereof (III); Commission Determination To Review In Part a Final
Initial Determination Finding No Violation of Section 337 and, on
Review, To Affirm the Final Initial Determination's Finding of No
Violation; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that, on June 26, 2020, the presiding
administrative law judge (``ALJ'') issued a combined final initial
determination (``ID'') and recommended determination (``RD'') on remedy
and bonding. The final ID finds no violation of section 337 in the
above-captioned investigation. The Commission has determined to review
the final ID in part and, on review, has determined to affirm the final
ID's finding of no violation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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
EDIS3Help@usitc.gov. 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: On June 25, 2019, the Commission instituted
Investigation No. 337-TA-1163 (``the 1163 investigation''), based on a
complaint, as amended, filed by Lighting Science Group Corporation and
Health Inc., both of Cocoa Beach, Florida, and Global Value Lighting,
LLC of West Warwick, Rhode Island (collectively, ``LSG''). 84 FR 29877
(June 25, 2019). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337) (``section 337''),
based on the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain light-emitting diode products, systems, and components thereof
by reason of infringement of certain claims of U.S. Patent Nos.
7,098,483 (``the '483 patent''), 7,095,053 (``the '053 patent''),
7,528,421 (``the '421 patent''), 8,506,118, and 8,674,608. Id. The
complaint further alleges that a domestic industry exists. Id. The
notice of investigation names the following entities as respondents:
Nichia Corporation of Tokushima, Japan and Nichia America Corporation
of Wixom, Michigan (together, ``Nichia''); Cree, Inc. of Durham, North
Carolina; Cree Hong Kong, Limited of Shatin, Hong Kong; Cree Huizhou
Solid State Lighting Co., Ltd. of Guangdong, China; OSRAM GmbH and
OSRAM Licht AG, both of Munich, Germany; OSRAM Opto Semiconductors GmbH
of Regensburg, Germany; OSRAM Opto Semiconductors, Inc. of Sunnyvale,
California; Lumileds Holding B.V. of Schipol, Netherlands and Lumileds,
LLC of San Jose, California (together, ``Lumileds''); Signify N.V. (f/
k/a Philips Lighting N.V.) of Eindhoven, Netherlands; Signify North
America Corporation (f/k/a Philips Lighting North America Corporation)
of Somerset, New Jersey; MLS Co., Ltd. of Zhongshan City, China;
LEDVANCE GmbH of Garching, Germany; LEDVANCE LLC of Wilmington,
Massachusetts; General Electric Company of Boston, Massachusetts;
Consumer Lighting (U.S.), LLC (d/b/a GE Lighting, LLC) of Cleveland,
Ohio; Current Lighting Solutions, LLC of Cleveland, Ohio; Acuity
Brands, Inc. of Atlanta, Georgia; Acuity Brands Lighting, Inc. of
Conyers, Georgia; Leedarson Lighting Co., Ltd. of Xiamen, China; and
Leedarson America, Inc. of Smyrna, Georgia (collectively, the
``Respondents''). Id. at 29878. The Office of Unfair Import
Investigations is not a party to this investigation. Id.
On July 10, 2019, the ALJ severed from the 1163 investigation the
present investigation, Investigation No. 337-TA-1168, which concerns
whether there is a violation of section 337 based on allegations of
infringement of the '483, '053, and '421 patents. Order No. 5 at 2
(July 10, 2019).
On January 20, 2020, the Commission terminated this investigation
as to claim 7 of the '421 patent. Order No. 18 (Dec. 30, 2019),
unreviewed by Comm'n Notice (Jan. 29, 2020). On February 7, 2020, the
Commission terminated this investigation as to respondents MLS Co.,
Ltd. and Ledvance GmbH. Order No. 24 (Jan. 14, 2020), unreviewed by
Comm'n Notice (Feb. 7, 2020). On February 26, 2020, the Commission
terminated this investigation as to: (1) Claims 2 and 10 of the '421
patent; (2) claims 4, 16-20, 22, and 26-30 of the '053 patent; and (3)
as to Lumileds only, claims 1-5 and 12 of the '053 patent. Order No. 26
(Jan. 29, 2020), unreviewed by Comm'n Notice (Feb. 26, 2020).
On February 14, 2020, the ALJ issued an initial determination
granting in part Respondents' motion for summary determination on non-
infringement and failure to meet the technical prong of the domestic
industry requirement. Order No. 32 (Initial Determination) (Feb. 14,
2020). The Commission declined to review that determination and
subsequently terminated the investigation as to: (1) All asserted
claims of the '483 patent; and (2) asserted claims 7 and 11-15 of the
'053 patent. See Comm'n Notice (Apr. 7, 2020). That determination is
currently on appeal. Appeal No. 20-1907 (Fed. Cir.).
On June 26, 2020, the ALJ issued a combined final ID and RD on
remedy and bonding. The final ID finds no violation of Section 337. See
Final ID.
On July 15, 2020, LSG filed a petition for review of certain
findings in the final ID, and Respondents filed a contingent-in-part
petition for review. On July 28, 2020, the parties filed responses to
each other's petitions.
On July 27, 2020, the Commission received submissions on the public
interest pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4))
from the following Respondents: (1) Acuity Brands, Inc. and Acuity
Brands Lighting, Inc.; and (2) General Electric Co. and Consumer
Lighting (U.S.), LLC (d/b/a GE Lighting, LLC). On July 28, 2020, the
Commission received a submission on the public interest from LSG. No
submissions were filed in response to the Commission's Federal Register
notice. See 85 FR 40318-19 (July 6, 2020).
[[Page 63291]]
Having reviewed the record in this investigation, including the
ALJ's orders and final ID, as well as the parties' petitions and
responses thereto, the Commission has determined to review the final ID
in part. Specifically, the Commission has determined to review the
following issues: (1) Whether the accused Nichia products and the
alleged domestic industry product satisfy the limitation ``and
thermally coupled through the metal base to the thermal connection
pad'' of claim 1 of the '053 patent; (2) whether the accused products
and the alleged domestic industry products satisfy the additional
limitation ``wherein the thermally conducting base includes a metal
base'' of claim 6 of the '421 patent; (3) whether the asserted claims
of the '421 patent are invalid as obvious; and (4) whether LSG
satisfied the economic prong of the domestic industry requirement. On
review, the Commission has determined to take no position on these
issues.
Further on review, the Commission has determined to correct two
typographical errors in the final ID: In the fourth line of page 34,
``does recite'' is replaced with ``does not recite''; and in the fifth
line of page 40, ``a thermal via'' is replaced with ``thermal
coupling.''
The Commission has determined not to review the remaining findings
in the final ID, in particular that the asserted claims of the '053 and
'421 patents have not been infringed, that the technical prong of the
domestic industry requirement has not been satisfied with respect to
either the '053 or '421 patent, and that the asserted claims of the
'421 patent have been shown invalid as anticipated and for lacking
written description support.
Accordingly, the Commission has determined to affirm the final ID's
finding of no violation of section 337. The investigation is
terminated.
The Commission vote for these determinations took place on October
1, 2020.
The authority for the Commission's determinations 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).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
By order of the Commission.
Issued: October 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-22114 Filed 10-6-20; 8:45 am]
BILLING CODE 7020-02-P