[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Pages 82625-82627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23548]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1359]


Certain Portable Battery Jump Starters and Components Thereof 
(II); Notice of a Commission Determination To Review in Part and, on 
Review, To Affirm a Final Initial Determination Finding No Violation; 
Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part and, on review, to affirm a 
final initial determination (``FID'') of the presiding administrative 
law judge (``ALJ'') finding no violation of section 337. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Namo Kim, Esq., Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3459. 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 
<a href="/cdn-cgi/l/email-protection#0f4a4b465c3c476a637f4f7a7c667b6c21686079"><span class="__cf_email__" data-cfemail="89cccdc0dabac1ece5f9c9fcfae0fdeaa7eee6ff">[email protected]</span></a>. 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: The Commission instituted this investigation 
on April 18, 2023, based on a complaint filed on behalf of the NOCO 
Company (``NOCO'') of Glenwillow, Ohio. 88 FR 23686-87 (Apr. 18, 2023). 
The complaint, as amended, 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/or the sale within the United States after importation of certain 
portable battery jump starters and components thereof

[[Page 82626]]

by reason of infringement of certain claims of U.S. Patent Nos. 
9,770,992 (``the '992 patent''); 10,328,808 (``the '808 patent''); 
10,981,452 (``the '452 patent''); 11,254,213 (``the '213 patent''); and 
11,447,023 (``the '023 patent''), as well as common law trade dress 
infringement, false designation of origin, false advertising, and 
unfair competition, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. Id. at 23686. 
The amended complaint further alleges that a domestic industry exists. 
Id. The Commission instituted two separate investigations and defined 
the scope of the present investigation as whether there is a violation 
of section 337 based on the allegations of infringement of the asserted 
claims of the '992, '808, '452, '213, and '023 patents as to the 
accused products identified in the notice of investigation.
    The notice of investigation named 19 respondents, and the Office of 
Unfair Import Investigations (``OUII'') is also named as a party. Id. 
at 23687. The 19 respondents are organized into the following four 
groups:
    (1) Shenzhen Take Tools Co. Ltd. of Shenzhen, China; Shenzhenshi 
Dianjia Technology Co., Ltd., d/b/a Yesper Direct (Hong Kong Haowei 
Technology Co. Ltd.) of Hong Kong, China; and Guangzhou Sihao Trading 
Co., Ltd., d/b/a Snailhome (Audew) also d/b/a Shenzhen Xinshu Trading 
Co. Ltd. of Shenzhen, China (collectively, the ``Non-Appearing 
Respondents'');
    (2) Shenzhen Winplus Shenzhen Pinwang Industrial Technology Co., 
Ltd. of Shenzhen, China; Winplus North America, Inc. of Costa Mesa, 
California; and Winplus NA, LLC of Costa Mesa, California 
(collectively, the ``Stipulated Respondents'');
    (3) Shenzhen Carku Technology Co., Ltd. (``Carku'') of Shenzhen, 
China; Aukey Technology Co., Ltd. (``Aukey'') of Shenzhen, China; 
Metasee LLC (``Metasee'') of Pearland, Texas; Ace Farmer LLC (``Ace 
Farmer'') of Houston, Texas; Shenzhen Gooloo E-Commerce Co., Ltd. 
(``Gooloo Ecommerce'') of Shenzhen, China; Gooloo Technologies LLC 
(``Gooloo Technologies'') of Shenzhen, China; Shenzhen Konghui Trading 
Co., Ltd., d/b/a Hulkman Direct (``Konghui'') of Shenzhen, China; 
Hulkman LLC (``Hulkman'') of Santa Clara, California; Shenzhenshi 
Daosishangmao Youxiangongsi, d/b/a Fanttik Direct (``Daosi'') of 
Shenzhen, China; Shenzhenshi Xinmeitemuxiangbao Zhuangyouxiangongsi, d/
b/a Thikpo (Spanarci) (``Xinmeite'') of Shenzhen, China; 
ChangShaHongMaoKai KeJiYouXianGongSi, d/b/a TopdonStarter 
(``HongMaoKai'') of Changsha, China; Shenzhenshi 
Shoudiankejiyouxiangongsi, d/b/a Solvtin (``Shoudian'') of Shenzhen, 
China (collectively, the ``Carku Respondents''); and
    (4) ADC Solutions Auto LLC, d/b/a Type S Auto (``ADC'') of Costa 
Mesa, California. Id. at 23686-87.
    On June 23, 2023, the Commission amended the complaint and notice 
of investigation to add infringement allegations as to claims 1-13, 15-
30, 32, 33, 35-44, and 46-57 of U.S. Patent No. 11,584,243 (``the '243 
patent''). Order No. 5 (May 26, 2023), unreviewed by Comm'n Notice 
(June 26, 2023).
    On December 21, 2023, the Commission terminated the investigation 
as to the following asserted claims: (i) claims 2, 4-9, 11-13, and 15-
21 of the '992 patent; (ii) claims 2-10, 12-15, and 17 of the '808 
patent; (iii) claims 2-16 of the '452 patent; (iv) claims 2-16 of the 
'213 patent; (v) claims 2-4, 6-18, 20-23, 25-28, 31, 33, 35-38, and 41-
53 of the '023 patent; (vi) claims 3-9, 15-17, 19-25, 29, 30, 32, 33, 
35-44, 46-49, 51-53, and 55-57 of the '243 patent. Order No. 18 (Nov. 
27, 2023), unreviewed by Comm'n Notice (Dec. 21, 2023).
    On February 7, 2024, the Commission terminated the investigation as 
to the '452 patent and the '213 patent. Order No. 24 (Jan. 9, 2024), 
unreviewed by Comm'n Notice (Feb. 7, 2024).
    On March 11, 2024, the Commission terminated the investigation as 
to asserted claims 5, 24, 29-30, and 40 of the '023 patent and asserted 
claims 10-13, 26-28, and 50 of the '243 patent, and as to the Non-
Appearing Respondents and the Stipulated Respondents. Order No. 26 
(Feb. 9, 2024), unreviewed by Comm'n Notice (March 11, 2024).
    On February 26 to March 1, 2024, the ALJ held an evidentiary 
hearing, with an additional hearing on March 14, 2024. The '023, '243, 
'992 and '808 patents remained asserted in the investigation as of the 
evidentiary hearing.
    On July 5, 2024, the ALJ issued the FID finding no violation of 
section 337 with respect to the remaining asserted patents. 
Specifically, the FID finds that all asserted claims of the four 
patents are invalid as obvious under 35 U.S.C. 103. The FID finds that 
certain accused products infringe the asserted claims of the '023 and 
'243 patents, none of the accused products infringe the '992 and '808 
patent, and none of the adjudicated redesigns put forth by the Carku 
Respondents and ADC (collectively, ``Respondents'') infringe any of the 
four asserted patents. The FID also finds that the asserted claims of 
the '023 and '243 patents have not been shown to be invalid under 35 
U.S.C. 112 based on lack of written description or lack of enablement 
and have not been shown to be unenforceable. The FID does not address 
invalidity under 35 U.S.C. 112 or unenforceability for the '992 and 
'808 patents because the parties did not raise these issues. Lastly, 
the FID finds that the domestic industry requirement, both the 
technical prong and the economic prong, is satisfied for all four 
asserted patents.
    On July 19, 2024, the ALJ issued a Recommended Determination 
(``RD'') recommending, should the Commission find a violation of 
section 337, that the Commission issue: (1) a limited exclusion order 
against Respondents (i.e., the remaining respondents); and (2) cease-
and-desist orders against the following respondents: ADC, Metasee, 
Gooloo, Konghui, Xinmeite, Shoudian, HongMaoKai, and Daosi. The RD 
further recommends that the Commission set a 100 percent bond during 
the period of Presidential review.
    Also on July 19, 2024, NOCO petitioned for Commission review of the 
FID's findings on the '023 and '243 patents concerning: (1) 
construction of the claim terms ``USB input circuit,'' ``USB charge 
circuit,'' and ``USB input connector'' (collectively, ``the USB 
terms''); (2) non-infringement with respect to the accused Carku and 
ADC products; and (3) invalidity. On the same day, Respondents 
contingently petitioned for Commission review of the FID's findings on 
the '023 and '243 patents concerning: (1) infringement with respect to 
the accused Carku and ADC products; (2) validity under Sec.  112; and 
(3) NOCO's satisfaction of the domestic industry requirement. Further 
on the same day, OUII contingently petitioned for Commission review of 
the FID's findings on the '023 and '243 patents concerning: (1) 
infringement with respect to the accused ADC products and (2) 
additional non-infringement grounds concerning the accused Carku 
products. No party petitioned for review of the issues on non-
infringement and invalidity as to the '992 and '808 patents, and 
enforceability as to the '023 and '243 patents.
    On July 25, 2024, the Commission published its post-RD Federal 
Register notice seeking submissions on public interest issues raised by 
the relief recommended by the ALJ should the Commission find a 
violation. 89 FR 60451-52 (July 25, 2024). No responses from the public 
were filed. Similarly, no parties have submitted a statement on the 
public interest pursuant to

[[Page 82627]]

Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4).
    On July 29, 2024, NOCO responded to Respondents' and OUII's 
contingent petitions for review of the FID. On the same day, 
Respondents responded to NOCO's petition (but did not respond to OUII's 
contingent petition), and OUII responded to NOCO's and Respondents' 
petitions.
    The Commission, having reviewed the record in this investigation, 
including the FID and the parties' petitions and responses thereto, has 
determined to review in part and, on review, to affirm the FID's 
finding of no violation. In particular, the Commission has determined 
to review and, on review, to clarify the FID's jurisdictional findings 
by explaining that the Commission's investigative authority is 
statutory and that the terms ``subject matter jurisdiction,'' 
``personal jurisdiction,'' and ``in rem jurisdiction'' are not relevant 
to the Commission's investigative authority under section 337. The 
Commission has also determined to review and, on review, to affirm with 
supplemental analysis the FID's construction of the USB terms recited 
in the '023 and '243 patents. The Commission has further determined to 
review and, on review, to affirm with supplemental analysis the FID's 
findings that the asserted claims of the '023 and the '243 patents are 
invalid under 35 U.S.C. 103 and are not invalid under 35 U.S.C. 112. 
Lastly, the Commission has determined to review and, on review, to take 
no position with respect to the economic prong of the domestic industry 
requirement. The Commission has determined not to review the remainder 
of the FID.
    The Commission issues its opinion herewith setting forth its 
determinations on certain issues. The investigation is terminated.
    The Commission vote for this determination took place on October 7, 
2024.
    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: October 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-23548 Filed 10-10-24; 8:45 am]
BILLING CODE 7020-02-P


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