Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices 1785 

SUPPLEMENTARY INFORMATION: On 

February 11, 2020, the Commission 

instituted this investigation based on a 

complaint filed by Sonos, Inc. (‘‘Sonos’’) 

of Santa Barbara, California. 85 FR 7783 

(Feb. 11, 2020). The complaint 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, or the sale within 

the United States after importation of 

certain audio players and controllers, 

components thereof, and products 

containing the same by reason of 

infringement of certain claims of U.S. 

Patent Nos. 9,195,258 (‘‘the ’258 

patent’’); 10,209,953 (‘‘the ’953 patent’’); 

8,588,949 (‘‘the ’949 patent’’); 9,219,959 

(‘‘the ’959 patent’’); and 10,439,896 

(‘‘the ’896 patent’’). Id. The complaint 

further alleges that a domestic industry 

exists. Id. The notice of investigation 

named as respondents Google and 

Alphabet Inc. (‘‘Alphabet’’), both of 

Mountain View, California. Id. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) is also named as a party. Id. 

On September 21, 2020, the 

Commission terminated the 

investigation as to Alphabet based on 

withdrawal of the allegations in the 

complaint directed to Alphabet. Order 

No. 18 (Sept. 1, 2020), unreviewed by 

Comm’n Notice (Sept. 21, 2020). On 

November 24, 2020, the Commission 

determined that the importation 

requirement has been satisfied. Order 

No. 27 (Oct. 27, 2020), unreviewed by 

Comm’n Notice (Nov. 24, 2020). On 

February 2, 2021, the Commission 

determined that the technical prong of 

the domestic industry requirement has 

been satisfied as to the ’949 patent. 

Order No. 32 (Jan. 4, 2021), unreviewed 

by Comm’n Notice (Feb. 2, 2021). On 

February 16, 2021, the Commission 

determined that the economic prong of 

the domestic industry requirement has 

been satisfied as to all asserted patents. 

Order No. 35 (Jan. 14, 2021), reviewed 

and aff’d by Comm’n Notice (Feb. 16, 

2021). On March 12, 2021, the 

Commission partially terminated the 

investigation based on withdrawal of 

the allegations in the complaint as to the 

following asserted claims: Claims 22 

and 23 of the ’258 patent; claims 12 and 

13 of the ’953 patent; claims 5, 9, 29, 

and 35 of the ’959 patent; and claim 3 

of the ’896 patent. Order No. 58 (Feb. 

23, 2021), unreviewed by Comm’n 

Notice (Mar. 12, 2021). 

On August 13, 2021, the CALJ issued 

a combined initial determination (‘‘ID’’) 

on violation and a recommended 

determination (‘‘RD’’) on remedy and 

bonding. The ID finds violations of 

section 337 with respect to the 

following claims of the asserted patents: 

claims 17, 21, 24, and 26 of the ’258 

patent; claims 7, 14, and 22–24 of the 

’953 patent; claim 10 of the ’959 patent; 

claims 1, 2, and 5 of the ’949 patent; and 

claims 1, 5, 6, and 12 of the ’896 patent. 

ID at 180–82. The RD recommends that, 

should the Commission determine that 

violations of section 337 occurred, the 

Commission should: (i) Issue a limited 

exclusion order against Google; (ii) issue 

a cease and desist order against Google; 

and (iii) set a 100 percent bond for any 

importations of infringing products 

during the period of Presidential review. 

RD at 182–88. 

On August 27, 2021, Sonos and 

Google each filed a petition seeking 

review of certain findings in the ID. On 

September 7, 2021, the private parties 

filed responses to each other’s petitions, 

and OUII filed a combined response to 

both petitions. 

On September 13, 2021, the 

Commission received eight submissions 

on the public interest from members of 

the public in response to the 

Commission’s Federal Register notice. 

See 86 FR 46715 (Aug. 19, 2021). The 

Commission did not receive 

submissions on the public interest from 

the parties pursuant to Commission 

Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). 

On November 19, 2021, the 

Commission determined to review the 

ID in part with respect to the ID’s 

analysis of whether the products 

accused of infringing the ’258 and ’953 

patents are articles that infringe at the 

time of importation. 86 FR 67492 (Nov. 

26, 2021). The Commission also 

determined to correct two typographical 

errors on pages 24 and 84 of the ID. Id. 

The Commission did not request 

briefing on any issue under review. Id. 

The Commission’s notice also requested 

written submissions on remedy, the 

public interest, and bonding. Id. 

On December 2, 2021, Sonos, Google, 

and OUII each filed initial submissions 

on remedy, the public interest, and 

bonding. That same day, the 

Commission also received four 

additional submissions on the public 

interest from members of the public. On 

December 10, 2021, Sonos, Google, and 

OUII each filed reply submissions on 

remedy, the public interest, and 

bonding. 

The Commission, having reviewed the 

record in this investigation, including 

the final ID, the parties’ petitions and 

responses thereto, has determined that 

Google has violated section 337 by 

importing into the United States, selling 

for importation, or selling in the United 

States after importation certain audio 

players and controllers, components 

thereof, and products containing the 

same that infringe one or more of claims 

17, 21, 24, and 26 of the ’258 patent; 

claims 7, 14, and 22–24 of the ’953 

patent; claim 10 of the ’959 patent; 

claims 1, 2, and 5 of the ’949 patent; and 

claims 1, 5, 6, and 12 of the ’896 patent. 

The Commission has determined that 

the appropriate remedy is: (i) A limited 

exclusion order prohibiting the 

importation of certain audio players and 

controllers, components thereof, and 

products containing the same that 

infringe one or more of claims 17, 21, 

24, and 26 of the ’258 patent; claims 7, 

14, and 22–24 of the ’953 patent; claim 

10 of the ’959 patent; claims 1, 2, and 

5 of the ’949 patent; and claims 1, 5, 6, 

and 12 of the ’896 patent; and (ii) a 

cease and desist order against Google. 

The Commission has determined that 

the public interest factors do not 

preclude issuance of a remedy. The 

Commission has also determined to set 

a bond in the amount of 100 percent of 

the entered value of the infringing 

products imported during the period of 

Presidential review (19 U.S.C. 1337(j)). 

The Commission issues its opinion 

herewith setting forth its determinations 

on certain issues. This investigation is 

hereby terminated. 

The Commission’s orders and opinion 

were delivered to the President and 

United States Trade Representative on 

the day of their issuance. 

The Commission vote for this 

determination took place on January 6, 

2022. 

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 6, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–00389 Filed 1–11–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1261] 

Notice of a Commission Determination 

To Issue Remedial Orders Against the 

Defaulting Respondents; Termination 

of the Investigation; Certain LED 

Landscape Lighting Devices and 

Components Thereof 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 


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1786 Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to issue a 

limited exclusion order and cease and 

desist orders against the respondents 

found to be in default in this 

investigation, namely, cBright Lighting, 

Inc. of San Leandro, California 

(‘‘cBright’’), Dauer Manufacturing Corp. 

of Medley, Florida (‘‘Dauer’’), and FUSA 

Corp. of Medley, Florida (‘‘FUSA’’). The 

Commission has also determined to 

impose a bond equal to one hundred 

percent (100%) of the entered value of 

the infringing products imported during 

the period of Presidential review. This 

investigation is hereby terminated. 

FOR FURTHER INFORMATION CONTACT: 

Ronald A. Traud, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3427. 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 

EDIS3Help@usitc.gov. 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 on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on April 13, 2021, based on a complaint 

filed on behalf of Wangs Alliance 

Corporation, d/b/a WAC Lighting 

(‘‘WAC’’). 86 FR 19282 (Apr. 13, 2021). 

The complaint alleged a violation of 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, based upon 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain LED landscape 

lighting devices and components thereof 

by reason of infringement of certain 

claims of U.S. Patent Nos. 10,571,101 

and 10,920,971. Id. The complaint 

further alleged that an industry in the 

United States exists as required by 

section 337. Id. The following were 

named as respondents in the 

investigation: cBright; Dauer; FUSA; 

Shenzhen Wanjia Lighting Co., Ltd. 

d/b/a WONKA of Shenzhen, China 

(‘‘WONKA’’); CAST Lighting LLC of 

Hawthorne, New Jersey (‘‘CAST’’); 

Lumien Enterprise, Inc. d/b/a Lumien 

Lighting of Acworth, Georgia 

(‘‘Lumien’’); and Jiangsu Sur Lighting 

Co., Ltd. of Jiangsu Province, China 

(‘‘Jiangsu’’). Id. The Office of Unfair 

Import Investigations is not a party to 

the investigation. 

The Commission previously found 

cBright, Dauer, and FUSA (collectively, 

the ‘‘Defaulting Respondents’’) in 

default. Order No. 13 (July 9, 2021) 

(finding cBright in default), unreviewed 

by Notice (July 29, 2021); Order No. 14 

(Aug. 4, 2021) (finding Dauer and FUSA 

in default), unreviewed by Notice (Aug. 

18, 2021). The investigation was 

previously terminated as to all other 

respondents. Order No. 20 (Sept. 10, 

2021) (terminating the investigation as 

to Lumien and Jiangsu), unreviewed by 

Notice (Oct. 6, 2021); Order No. 22 

(Sept. 24, 2021) (terminating the 

investigation as to CAST), unreviewed 

by Notice (Oct. 14, 2021); Order No. 23 

(Sept. 24, 2021) (terminating the 

investigation as to WONKA), 

unreviewed by Notice (Oct. 26, 2021). 

The Commission, in terminating the 

last active respondent from the 

investigation, also requested briefing on 

the issues of remedy, the public interest, 

and bonding. Notice (Oct. 26, 2021). On 

November 9, 2021, WAC filed a 

statement on remedy, public interest, 

and bonding. Neither the Defaulting 

Respondents nor any other interested 

person filed a response to either the 

Commission’s original notice or the 

statement filed by WAC. 

On October 5, 2021, WAC filed a 

Declaration Seeking Immediate Relief 

Against Defaulting Respondents. 

Upon review of WAC’s submission 

and based upon the request of the 

complainant, and in the absence of any 

responses from interested persons, the 

Commission has determined to issue a 

limited exclusion order and cease and 

desist orders against the Defaulting 

Respondents. The Commission finds 

that the public interest factors do not 

preclude issuance of the requested 

relief. The Commission has further 

determined to set a bond equal to one 

hundred percent (100%) of the entered 

value of the covered products. The 

Commission also denies as moot WAC’s 

October 5, 2021, Declaration Seeking 

Immediate Relief Against Defaulting 

Respondents. This investigation is 

hereby terminated. 

The Commission vote for this 

determination took place on January 6, 

2022. 

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). 

While temporary remote operating 

procedures are in place in response to 

COVID–19, the Office of the Secretary is 

not able to serve parties that have not 

retained counsel or otherwise provided 

a point of contact for electronic service. 

Accordingly, pursuant to Commission 

Rules 201.16(a) and 210.7(a)(1) (19 CFR 

201.16(a), 210.7(a)(1)), the Commission 

orders that the Complainant(s) complete 

service for any party/parties without a 

method of electronic service noted on 

the attached Certificate of Service and 

shall file proof of service on the 

Electronic Document Information 

System (EDIS). 

By order of the Commission. 

Issued: January 6, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–00374 Filed 1–11–22; 8:45 am] 

BILLING CODE 7020–02–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Advisory Committee on Civil Rules; 

Meeting of the Judicial Conference 

AGENCY: Judicial Conference of the 

United States. 

ACTION: Advisory Committee on Civil 

Rules; notice of cancellation of open 

hearing. 

SUMMARY: The following virtual public 

hearing on proposed amendments to the 

Federal Rules of Civil Procedure has 

been canceled: Civil Rules Hearing on 

February 4, 2022. The announcement 

for this hearing was previously 

published in the Federal Register on 

August 11, 2021. 

DATES: February 4, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Bridget Healy, Esq., Acting Chief 

Counsel, Rules Committee Staff, 

Administrative Office of the U.S. Courts, 

Thurgood Marshall Federal Judiciary 

Building, One Columbus Circle NE, 

Suite 7–300, Washington, DC 20544, 

Phone (202) 502–1820, 

RulesCommittee_Secretary@

ao.uscourts.gov. 

(Authority: 28 U.S.C. 2073.) 

Dated: January 6, 2022. 

Shelly L. Cox, 

Management Analyst, Rules Committee Staff. 

[FR Doc. 2022–00357 Filed 1–11–22; 8:45 am] 

BILLING CODE 2210–55–P 


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