66054 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices 

asserted claims of the ’141 patent 

(claims 1–6 and 23). Id. at 69–105. The 

ID further found that Respondents failed 

to show by clear and convincing 

evidence that the asserted claims are 

invalid for lack of written description 

(Id. at 169–204), enablement (Id. at 205– 

250), anticipation (Id. at 153–169), or for 

reciting ineligible subject matter under 

35 U.S.C. 101 (Id. at 250–269). Finally, 

the ID found that Brita proved the 

existence of a domestic industry that 

practices the ’141 patent as required by 

19 U.S.C. 1337(a)(2). Id. at 105–117, 

269–285. 

The ID included the ALJ’s 

recommended determination on remedy 

and bonding (‘‘RD’’). The RD 

recommended, should the Commission 

find a violation, issuance of a limited 

exclusion order against all respondents 

and cease and desist orders against the 

PUR Respondents and LifeStraw. ID/RD 

at 258–291. The RD also recommended 

imposing a bond in the amount of one 

hundred percent (100%) of entered 

value for PUR’s and ZeroWater’s 

infringing products imported during the 

period of Presidential review and $6 per 

unit for infringing LifeStraw products 

imported during the period of 

Presidential review. Id. at 291–295. 

On March 13, 2023, Respondents and 

Brita filed respective petitions for 

review of the ID. On March 21, 2023, the 

parties filed responses to the petitions. 

On May 24, 2023, Respondents moved 

for leave to file a notice of supplemental 

authority regarding their petition for 

review. Specifically, Respondents 

sought to submit the recent U.S. 

Supreme Court decision in Amgen Inc. 

v. Sanofi, No. 21–757 (May 18, 2023), as 

being directly relevant to the lack of 

enablement of the asserted. On June 28, 

2023, the Commission issued a Notice 

granting the motion. 88 FR 42951 (July 

5, 2023). 

In its Notice on June 28, 2023, the 

Commission also determined to review 

the final ID in part. Id. at 42950–53. 

Specifically, the Commission 

determined to review the following 

findings: (1) construction of the claim 

term ‘‘filter usage lifetime claimed by a 

manufacturer or seller of the filter,’’ (2) 

written description, (3) enablement, (4) 

section 101, (5) anticipation, and (6) the 

economic prong of the domestic 

industry requirement. The Commission 

requested the parties to brief certain 

issues under review and to brief the 

issues of remedy, the public interest, 

and bonding. Id. 

On July 14, 2023, the parties filed 

initial submissions in response to the 

Commission’s request for briefing. On 

July 21, 2023, the parties filed reply 

submissions. The parties also filed a 

number of motions and oppositions, 

which we address below. 

On July 24, 2023, Complainant Brita 

filed a motion to strike waived 

arguments and new evidence in 

Respondents’ Reply in Response to the 

Commission Notice of Review. On 

August 3, 2023, Respondents filed an 

opposition to the motion. On August 8, 

2023, Brita moved for leave under 

Commission Rule 210.15(c) to file a 

reply to Respondents’ opposition. On 

August 18, 2023, Respondents filed an 

opposition to Brita’s motion. The 

Commission has determined to grant in 

part Brita’s motion as it pertains to 

introducing new dictionary definitions 

for ‘‘validate’’ and ‘‘claim’’ for being 

waived. The Commission has 

determined to otherwise deny the 

motion. The Commission has further 

determined to deny Brita’s motion for 

leave to file a reply to Respondents’ 

opposition as unnecessary. 

Upon review of the parties’ 

submissions, the ID, and evidence of 

record, the Commission has determined 

that Brita has failed to show that 

Respondents violated section 337 by 

reason of the importation and sale of 

articles that infringe asserted claims 1– 

6 and 23 of the ’141 patent. Specifically, 

on review, the Commission has 

determined to (1) vacate the ID’s 

construction of the claim term ‘‘filter 

usage lifetime claimed by a 

manufacturer or seller of the filter’’ and 

finds the claim limitation indefinite, (2) 

reverse the ID’s finding that the asserted 

claims are not invalid for lack of written 

description, (3) reverse the ID’s findings 

that the asserted claims are enabled, (4) 

take no position on the ID’s section 101 

analysis and findings, (5) take no 

position on the ID’s anticipation 

analysis and findings, and (6) take no 

position on the ID’s findings on the 

economic prong of the domestic 

industry requirement. The 

Commission’s reasoning is set forth in 

its opinion issued herewith. 

The investigation is hereby 

terminated with a finding of no 

violation of section 337. 

The Commission vote for this 

determination took place on September 

19, 2023. 

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: September 19, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–20815 Filed 9–25–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

Certain Smart Ceiling Fans, 

Components Thereof, and Associated 

Systems and Software, DN 3694; the 

Commission is soliciting comments on 

any public interest issues raised by the 

complaint or complainant’s filing 

pursuant to the Commission’s Rules of 

Practice and Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (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 United 

States International Trade Commission 

(USITC) at https://www.usitc.gov. The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://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 has received a complaint 

and a submission pursuant to § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of Wangs 

Alliance Corporation d/b/a WAC 

Lighting on September 20, 2023. The 

complaint alleges violations of section 

337 of the Tariff Act of 1930 (19 U.S.C. 

1337) in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain smart ceiling 

fans, components thereof, and 

associated systems and software. The 


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Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices 66055 

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. 

complaint names as respondents: Minka 

Lighting, LLC of Newport News, VA; 

Tech Lighting LLC of Skokie, IL; and VC 

Brands, LLC of Skokie, IL. The 

complainant requests that the 

Commission issue a limited exclusion 

order and 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, notwithstanding § 201.14(a) 

of the Commission’s Rules of Practice 

and Procedure. No other submissions 

will be accepted, unless requested by 

the Commission. 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. 

3694’’) 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: September 21, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–20911 Filed 9–25–23; 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—Training & Readiness 

Accelerator II 

Notice is hereby given that, on July 

11, 2023, pursuant to section 6(a) of the 

National Cooperative Research and 

Production Act of 1993, 15 U.S.C. 4301 

et seq. (‘‘the Act’’), Training & Readiness 

Accelerator II (‘‘TReX II’’) has filed 

written notifications simultaneously 

with the Attorney General and the 

Federal Trade Commission disclosing 

changes in its membership, nature and 

objective. The notifications were filed 

for the purpose of extending the Act’s 

provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, 4C North America, Inc., 

McLean, VA; Action Engineering LLC, 

Golden, CO; Ad hoc Research 

Associates LLC, Havre de Grace, MD; 

Adjacent Link LLC, Bridgewater, NJ; 

Advanced Simulation Technology, Inc, 

Herndon, VA; Applied Information 

Sciences, Inc., Reston, VA; Applied 

Intuition, Inc., Mountain View, CA; 

Applied Visual Technology, Inc., 

Orlando, FL; Assured Information 

Security, Inc., Rome, NY; BAE Systems 

Technology Solutions & Services, Inc., 

Rockville, MD; Barbaricum LLC, 

Washington, DC; Beacon Industries, 

Inc., Newington, CT; BUNDLAR LLC, 

Chicago, IL; CACI, Inc.—Federal, 

Chantilly, VA; Calspan, Inc., Buffalo, 

NY; Carahsoft Technology Corporation, 

Reston, VA; CDW Government LLC, 

Vernon Hills, IL; Chimaera Science LLC 

dba Adaptive Immersion Technologies, 

Tampa, FL; Compendium Federal 

Technology (CFT), Lexington Park, MD; 

Continuum Dynamics, Inc., Ewing, NJ; 

Creative Microsystems Corporation, 

Waitsfield, VT; Dark Wolf Solutions 

LLC, Herndon, VA; Decisive Edge LLC, 

Bradenton, FL; Design Interactive, Inc., 

Orlando, FL; Discovery Machine, Inc., 


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