[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Pages 85660-85661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28651]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1234]


Certain Radio Frequency Identification (``RFID'') Products, 
Components Thereof, and Products Containing the 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 November 13, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Amtech Systems 
LLC of Albuquerque, New Mexico. Supplements to the complaint were filed 
on November 16, 2020 and December 9, 2020. The complaint, as 
supplemented, 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 radio 
frequency identification (``RFID'') products, components thereof, and 
products containing the same by reason of infringement of certain 
claims of U.S. Patent No. 7,518,532 (``the '532 Patent''); U.S. Patent 
No. 7,772,977 (``the '977 Patent''); U.S. Patent No. 8,237,565 (``the 
'565 Patent''); U.S. Patent No. 7,548,153 (``the '153 Patent''); U.S. 
Patent No. 8,427,279 (``the '279 Patent''); and U.S. Patent No. 
10,083,329 (``the '329 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, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#b9fcfdf0ea8af1dcd5c9f9cccad0cdda97ded6cf"><span class="__cf_email__" data-cfemail="2762636e74146f424b576752544e534409404851">[email protected]</span></a>. 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.

[[Page 85661]]


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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 21, 2020, 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 1-12 of the '532 Patent; claims 1-3 of the '977 Patent; claims 
1-7 of the '565 Patent; claim 25 of the '153 Patent; claims 1, 3-5, 13-
14, and 17-30 of the '279 Patent; and claims 1-5, 7, 9-15, 17, and 19 
of the '329 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 ``RFID products that 
are used as toll collection systems on highways and roads'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1) and 
(f)(1);
    (4) 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: Amtech Systems LLC, 8600 Jefferson Street 
NE, Albuquerque, NM 87113-1629.
    (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:

Kapsch TrafficCom AG, AM Europlatz 2, 1120, Vienna, Austria
Kapsch TrafficCom B.V., Verlengde Poolseweg 14, Breda Noord-Brabant, 
4818CL, Netherlands
Kapsch TrafficCom Canada, Inc., 6020 Ambler Drive, Mississauga, ON L4W 
2P1, Canada
Kapsch TrafficCom Holding Corp., 8201 Greensboro Drive, Suite 1002, 
McLean, VA 22102
Kapsch TrafficCom Holding II US Corp., 8201 Greensboro Drive, Suite 
1002, McLean, VA 22102
Kapsch TrafficCom IVHS, Inc., 8201 Greensboro Drive, Suite 1002, 
McLean, VA 22102
Kapsch TrafficCom USA, Inc., 8201 Greensboro Drive, Suite 1002, McLean, 
VA 22102
Kapsch TrafficCom Inc., 8201 Greensboro Drive, Suite 1002, McLean, VA 
22102
Kapsch TrafficCom Services USA, Inc., 8201 Greensboro Drive, Suite 
1002, McLean, VA 22102

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) 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 respondent 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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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 the 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 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: December 21, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-28651 Filed 12-28-20; 8:45 am]
BILLING CODE 7020-02-P


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