7414 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

Technology Co., Ltd. of China; 

Shenzhen Li Feng Maoyiyouxiangongsi 

of China; Shenzhen Mediatek Tong 

Technology Co., Ltd. of China; 

Shenzhen Moock Technology Co., Ltd. 

of China; Shenzhen Muke Technology 

Co., Ltd. of China; Shenzhen 

Pengfenghe Trading Co., Ltd. of China; 

Shenzhen PuChengWeiLai Technology 

of China; Shenzhen Shi Shenai 

Dianzishangwu Youxian Gongsi of 

China; Shenzhen Take Tools Co., Ltd. of 

China; Shenzhen Topdon Technology 

Co., Ltd. of China; Shenzhen Valuelink 

E-Commerce Co., Ltd. of China; 

Shenzhen Vigor PowerBatter Co., Ltd. of 

China; Shenzhen Winplus Technology 

Co., Ltd. of China; Shenzhen Xinzexing 

E-Commerce of China; Shenzhen Yike 

Electronics Co., Ltd. of China; Sictec 

Instruments Co., Ltd. of Hong Kong; 

Smartech Products, Inc. of Savage, MD; 

Smart Well International Development 

Limited of Hong Kong; Stanley Black & 

Decker, Inc. of New Britain, CT; Stanley 

Black & Decker Precision Manufacturing 

(Shenzhen) Co., Ltd. of China; 

Substanbo Innovations Technology, Ltd. 

of Hong Kong; Sunluxe Mfg. Co., Ltd. 

(Vietnam) of Vietnam; Sun Tech Ltd. of 

Hong Kong; ThiEYE Technologies Co., 

Ltd. of China; Tii Trading Inc. of 

Baldwin Park, CA; Walmart Inc. of 

Bentonville, AR; Wal-Mart Stores, Inc. 

of Bentonville, AR; Sam’s West, Inc. (d/ 

b/a Sam’s Club) of Little Rock, AR; 

Sam’s East, Inc. (d/b/a Sam’s Club) of 

Little Rock, AR; Wilmar Corporation of 

Tukwila, WA; Winplus North America, 

Inc. of Costa Mesa, CA; Yuyao Keen 

New Power Co., Ltd. LLC of China; Zagg 

Co. Rrd Gst of Plainfield, IN; Zhejiang 

Quingyou Electronic Commerce Co., 

Ltd. of China; and 70mai Co., Ltd. of 

China. The complainant requests that 

the Commission issue a general 

exclusion order, cease and desist orders, 

and impose a bond upon respondents’ 

alleged infringing articles during the 60- 

day Presidential review period pursuant 

to 19 U.S.C. 1337(j). 

Proposed respondents, other 

interested parties, and members of the 

public are invited to file comments on 

any public interest issues raised by the 

complaint or § 210.8(b) filing. 

Comments should address whether 

issuance of the relief specifically 

requested by the complainant in this 

investigation would affect the public 

health and welfare in the United States, 

competitive conditions in the United 

States economy, the production of like 

or directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the requested 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions on the public 

interest must be filed no later than by 

close of business, eight calendar days 

after the date of publication of this 

notice in the Federal Register. There 

will be further opportunities for 

comment on the public interest after the 

issuance of any final initial 

determination in this investigation. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due. Any submissions and replies 

filed in response to this Notice are 

limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. Submissions should refer 

to the docket number (‘‘Docket No. 

3526’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures 1). Please note the 

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: January 19, 2021. 

William Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2021–01607 Filed 1–27–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1000 (REMAND)] 

Certain Motorized Self-Balancing 

Vehicles; Notice of a Commission 

Determination To Terminate the 

Investigation on Remand Due to 

Mootness 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices 7415 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to 

terminate the investigation on remand 

from the U.S. Court of Appeals for the 

Federal Circuit (‘‘Federal Circuit’’) due 

to mootness. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2310. General information 

concerning the Commission may also be 

obtained by accessing its internet server 

at http://www.usitc.gov. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at http://edis.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 this investigation 

on May 26, 2016, based on a complaint 

filed on behalf of Razor USA LLC of 

Cerritos, California; and Inventist, Inc. 

and Shane Chen, both of Camas, 

Washington (collectively, ‘‘Razor’’). 81 

FR 33548–49. The complaint alleged, 

inter alia, violations of section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, by reason of infringement 

of certain claims of U.S. Patent No. 

8,738,278 (‘‘the ’278 patent’’). The 

Commission’s notice of investigation 

named twenty-eight respondents. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) also participated in the 

investigation. Id. Nine respondents 

(‘‘the remaining respondents’’) remained 

active in the investigation after every 

other respondent had been terminated 

from the investigation based on a 

consent order, good cause, or else had 

been found in default. These remaining 

respondents included Hangzhou Chic 

Intelligent Co., Ltd. (‘‘Chic’’) of 

Hangzhou, China; Swagway, LLC 

(‘‘Swagway’’) of South Bend, Indiana; 

Modell’s Sporting Goods, Inc. 

(‘‘Modell’s’’) of New York City, New 

York; Powerboard a.k.a. Optimum 

Trading Co. (‘‘Powerboard’’) of Hebron, 

Kentucky; United Integral, Inc. dba 

Skque Products of Irwindale, California; 

Alibaba Group Holding Ltd. of 

Causeway Bay, Hong Kong and 

Alibaba.com Ltd. of Hangzhou, China 

(collectively, ‘‘Alibaba’’); Jetson Electric 

Bikes LLC (‘‘Jetson’’) of New York City, 

New York; and Newegg, Inc. 

(‘‘Newegg’’) of City of Industry, 

California. On the same day that the 

Commission instituted this 

investigation, Razor sought reissue of 

the asserted ’278 patent. 

On May 26, 2017, the presiding 

administrative law judge (‘‘ALJ’’) issued 

a final ID finding no violation of section 

337. The ID found that none of the 

remaining respondents’ accused 

products infringes the asserted ’278 

patent claims, but that all of the 

defaulting respondents’ accused 

products infringe the asserted claims 

based on allegations in the complaint. 

The ID also found that the technical 

prong of the domestic industry 

requirement was not satisfied. 

On July 28, 2017, the Commission 

determined to review (1) the ID’s 

finding that the Commission has no 

jurisdiction over Alibaba, and (2) the 

ID’s analysis of infringement by the 

defaulting respondents. See Comm’n 

Notice of Review (July 28, 2017). On 

review, the Commission determined to 

(1) take no position on the ID’s finding 

that it has no jurisdiction over Alibaba; 

and (2) vacate the ID’s infringement 

finding as to the defaulting respondents 

as moot in view, inter alia, of the 

domestic industry determination. Id. at 

3–4. The Commission determined not to 

review the remainder of the ID and 

therefore issued its final determination 

of no Section 337 violation and 

terminated the investigation. Id. 

Razor timely appealed the 

Commission’s final determination to the 

Federal Circuit. During the appeal, the 

reissue application was allowed with 

amended claims that the Commission 

and Intervenor/respondent Chic argued, 

via a motion to dismiss, were not 

‘‘substantially identical’’ to the original 

claims on appeal, and therefore the 

appeal should be dismissed as moot 

under 35 U.S.C. 252. 

On October 16, 2018, the Federal 

Circuit issued an order and mandate 

that remanded the investigation to the 

Commission for further proceedings 

consistent with its ruling. See Razor 

USA LLC v. ITC, Case No. 2017–2591, 

Remand Order at 4 (Oct. 16, 2018). 

Specifically, the Court deemed it 

appropriate for the Commission to have 

the first opportunity to determine 

whether the post-investigation events 

have rendered the case moot or whether 

the case may continue either on the 

original patent claims or reissued claims 

and to conduct any additional 

proceedings as necessary. Id. 

On November 13, 2018, the 

Commission issued an Order requesting 

the parties to provide comments 

concerning what further proceedings are 

appropriate consistent with the Court’s 

judgment, including whether the matter 

should be referred to the ALJ. On 

November 27, 2018, Razor submitted 

comments, six respondents (Chic, 

Swagway, Modell’s, Jetson, Powerboard, 

and New Egg) filed a joint submission, 

and Alibaba filed a separate submission. 

On December 4, 2018, OUII submitted 

comments. On December 10, 2018, these 

parties submitted response comments. 

On September 19, 2019, the 

Commission issued an Order requesting 

the parties to provide written responses 

regarding specific questions concerning 

the effect of the patent reissue. Razor, 

Jetson, four respondents (Chic, 

Swagway, Modell’s, and Newegg), and 

OUII each filed a submission. Each of 

these parties, except Jetson, filed a 

reply. On November 18, 2019, Jetson 

filed a reply to Razor’s reply, but which 

also addressed Razor’s initial 

submission. The Commission has 

determined to accept that submission, 

but only as to the portion that responds 

to Razor’s initial submission. 

Having examined the record of this 

investigation, including the Federal 

Circuit’s Remand Order and the parties’ 

subsequent briefing, the Commission 

terminates this investigation as moot 

pursuant to the Remand Order. The 

Commission has issued an opinion 

explaining the basis for the 

Commission’s determination. 

The Commission vote for this 

determination took place on January 22, 

2021. 

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, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–01844 Filed 1–27–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Subcutaneous Drug 

Development & Delivery Consortium, 

Inc. 

Notice is hereby given that, on 

January 08, 2021, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

Subcutaneous Drug Development & 

Delivery Consortium, Inc. 

(‘‘Subcutaneous Drug Development &