Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 34871 

1All contract personnel will sign appropriate 

nondisclosure agreements. 

using the alpha values and/or at least one 

value derived from the alpha values’’ in 

claim 1 of the ’104 patent, under what legal 

theory (if any) may the Commission base its 

construction upon Broadcom’s arguments in 

the district court case Broadcom Corp. v. 

SiRF Technology, Inc., Case No. 8:08–cv– 

00546–JVS–MLG (C.D. Cal. July 15, 2010)? 

4. If your responses to the questions above 

contend that one or more of the final ID’s 

claim constructions should be changed, 

please explain how each change in claim 

construction would impact the issues of 

infringement, invalidity, and the technical 

prong of the domestic industry requirement. 

The parties have been invited to brief 

only the discrete issues described above, 

with reference to the applicable law and 

evidentiary record. The parties are not 

to brief other issues on review, which 

are adequately presented in the parties’ 

existing filings. 

In connection with the final 

disposition of this investigation, the 

Commission may (1) issue an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue a cease 

and desist order that could result in the 

respondent being required to cease and 

desist from engaging in unfair acts in 

the importation and sale of such 

articles. Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see Certain Devices for 

Connecting Computers via Telephone 

Lines, Inv. No. 337–TA–360, USITC 

Pub. No. 2843 (December 1994) 

(Commission Opinion). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or a cease and 

desist order would have on (1) the 

public health and welfare, (2) 

competitive conditions in the U.S. 

economy, (3) U.S. production of articles 

that are like or directly competitive with 

those that are subject to investigation, 

and (4) U.S. consumers. The 

Commission is therefore interested in 

receiving written submissions that 

address the aforementioned public 

interest factors in the context of this 

investigation. The Commission is 

particularly interested in briefing on the 

following issue: 

1. If the Commission were to issue 

remedial orders in this investigation, could 

the demand for the excluded articles be 

fulfilled by others? 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the issues 

identified in this notice. Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the 

recommended determination by the ALJ 

on remedy and bonding, which issued 

on May 23, 2018. Broadcom is also 

requested to submit proposed remedial 

orders for the Commission’s 

consideration. Broadcom is additionally 

requested to state the date that the ’059, 

’844 and ’104 patents expire, the HTSUS 

numbers under which the subject 

articles are imported, and to supply a 

list of known importers of the subject 

articles. The written submissions, 

exclusive of any exhibits, must not 

exceed 60 pages, and must be filed no 

later than close of business on July 27, 

2018. Reply submissions must not 

exceed 30 pages, and must be filed no 

later than the close of business on 

August 3, 2018. No further submissions 

on these issues will be permitted unless 

otherwise ordered by the Commission. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above and submit 8 true paper 

copies to the Office of the Secretary by 

noon the next day pursuant to section 

210.4(f) of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.4(f)). Submissions should refer to 

the investigation number (‘‘Inv. No. 

337–TA–1047’’) in a prominent place on 

the cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, http://www.usitc.gov/ 

secretary/fed_reg_notices/rules/ 

handbook_on_electronic_filing.pdf.) 

Persons with questions regarding filing 

should contact the Secretary (202–205– 

2000). 

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,1 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS. 

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: July 17, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–15635 Filed 7–20–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1124] 

Institution of Investigation: Certain 

Powered Cover Plates 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on June 

20, 2018, under section 337 of the Tariff 


amozie on DSK3GDR082PROD with NOTICES1
34872 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 

Act of 1930, as amended, on behalf of 

SnapRays, LLC d/b/a SnapPower of 

Vineyard, Utah. Supplements to the 

Complaint were filed on July 6, July 11, 

and July 12, 2018. 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 powered cover plates by reason 

of infringement of U.S. Patent No. 

9,871,324 (‘‘the ’324 patent’’); U.S. 

Patent No. 9,917,430 (‘‘the ’430 patent’’); 

U.S. Patent No. 9,882,361 (‘‘the ’361 

patent’’) and U.S. Design Patent No. 

D819,426 (‘‘the ’426 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 

general exclusion order, or in the 

alternative 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 

July 17, 2018, 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 products identified in 

paragraph (2) by reason of infringement 

of one or more of claims 1, 4, 8, 9, 10, 

13, 16, 17, and 19 of the ’324 patent; 

claims 1–3, 7, 8, 18, and 19 of the ’430 

patent; claims 1, 3, 4, 10, 14, 17, 21, 23, 

and 24 of the ’361 patent; and the sole 

claim of the ’426 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 ‘‘powered cover plates, 

which are electrical receptacle covers 

with built-in functionality’’; 

(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: SnapRays, 

LLC d/b/a SnapPower, 426 East 1750 

North, Unit D, Vineyard, UT 84057. 

(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: 

Ontel Products Corporation, 21 Law Dr., 

Fairfield, NJ 07871 

Dazone LLC, 1141 East Acacia Ct., 

Ontario, CA 91761–4519 

Shenzhen C-Myway, Saige Science Park 

#4, Futian, Shenzhen, Guangdong, 

China 

E-Zshop4u LLC, 9335 San Jose Blvd., 

Howey in the Hills, FL 34737 

Desteny Store, 10840 Tiberio Dr., Fort 

Meyers, FL 33913 

Zhongshan Led-Up Light Co. Ltd., 

6016A, Bldg. B5, No. 133, Yunhan 

Rd., Qijiang Rd., Shaxi Town, 

Zhongshan, Guangdong, China 

AllTrade Tools LLC, 6122 KateIla Ave., 

Cypress, CA 90630 

Guangzhou Sailu Info Tech. Co., Ltd., 

Nan Hang Huo Yun Da Lou Yuan Nei 

Can, 3 Hao YunXiao Lu, Bai Yun Qu 

510400, Guangzhou Gunagdong China 

NEPCI—Zhejiang New-Epoch, 

Communication Industry Co., Ltd., 

Develop Road, Wengyang Industry 

Zone, Yueging, Zhejiang, China 

KCC Industries, 4950 Goodman Way, 

Eastvale, CA 91752–5087 

Vistek Technology Co., Ltd., Rm 605, 

No. 278 Yongzheng Bldg., Defeng Rd., 

Fuyong, Baoan, Shenzhen, China 

518103 

Enstant Technology Co., Ltd., A525 

Boaoan Smart Valley, YinTian Rd, 

Xixiang Baoan District, Shenzhen, 

China 518105 

Manufacturers Components 

Incorporated, 1721 Blount Road, #2, 

Pompano Beach, FL 33069 

(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 

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: July 18, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–15695 Filed 7–20–18; 8:45 am] 

BILLING CODE 7020–02–P 


amozie on DSK3GDR082PROD with NOTICES1