1784 Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices 

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: On 

September 2, 2021, the Commission 

instituted this investigation under 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, based on a 

complaint filed by Copan Italia S.p.A. 

and Copan Industries, Inc. (‘‘Copan’’). 

86 FR 49343–44 (Sept. 2, 2021). The 

complaint alleged a violation of section 

337 in the importation into the United 

States, the sale for importation, or the 

sale within the United States after 

importation of certain flocked swabs, 

products containing flocked swabs, and 

methods of using same by reason of 

infringement of certain claims of U.S. 

Patent Nos. 9,011,358; 9,173,779; and 

10,327,741. The complaint also alleged 

the existence of a domestic industry. 

The notice of investigation named Han 

Chang Medic of Chungnam, Republic of 

Korea; Wuxi NEST Biotechnology Co., 

Ltd. of Wuxi, Jiangsu, China; NEST 

Scientific Inc. of Rahway, New Jersey; 

NEST Scientific USA of Rahway, New 

Jersey; Miraclean Technology Co., Ltd. 

of Shenzhen, Guangdong, China; 

Vectornate Korea Ltd. of Jangseong, 

Republic of Korea and Vectornate USA, 

Inc. of Mahwah, New Jersey 

(collectively, ‘‘Vectorante’’); Innovative 

Product Brands, Inc. of Highland, 

California (‘‘IPB’’); Thomas Scientific, 

Inc. of Swedesboro, New Jersey 

(‘‘Thomas Inc.’’); Thomas Scientific, 

LLC of Owings Mills, Maryland 

(‘‘Thomas LLC’’); Cardinal Health, Inc. 

of Dublin, Ohio (‘‘Cardinal’’); KSL 

Biomedical, Inc. of Williamsville, New 

York and KSL Diagnostics, Inc. of 

Williamsville, New York (collectively, 

‘‘KSL’’); Jiangsu Changfeng Medical 

Industry Co., Ltd. of Yangzhou, Jiangsu, 

China; No Borders Dental Resources, 

Inc., dba MediDent Supplies of Queen 

Creek, Arizona; BioTeke Corporation 

(Wuxi) Co., Ltd. of Wuxi, Jiangsu, 

China; Fosun Pharma USA Inc. of 

Princeton, New Jersey; Hunan Runmei 

Gene Technology Co., Ltd. of Changsha, 

Hunan, China (‘‘Runmei’’); VWR 

International, LLC of Radnor, 

Pennsylvania (‘‘VWR’’); and Slmp, LLC 

dba StatLab Medical Products of 

McKinney, Texas as respondents. Id. at 

49343–44. The Commission’s Office of 

Unfair Import Investigations (‘‘OUII’’) is 

also named as a party in this 

investigation. Id. at 49344. 

Subsequently, the investigation was 

terminated as to the KSL respondents 

based on a consent order stipulation and 

consent order. Order No. 20 (Nov. 15, 

2021), unreviewed by Notice (Dec. 6, 

2021). Also, the investigation was 

terminated as to the following 

respondents: Thomas Inc.; Thomas LLC; 

Cardinal; VWR; Vectornate; and IPB. 

Orders 21–25 (all issued on November 

15, 2021), unreviewed by Notice (Dec. 6, 

2021). Furthermore, respondent Runmei 

was found in default. Order No. 27 

(Nov. 15, 2021), unreviewed by Notice 

(Dec. 6, 2021). 

On November 15, 2021, HCY moved 

to intervene as respondents in this 

investigation. On November 26, 2021, 

Copan filed an opposition to the motion 

and the Commission Investigative Staff 

filed a response in support of HCY’s 

motion. On December 1, 2021, HCY 

filed a reply memorandum in support of 

the motion. No other responses were 

received. 

On December 7, 2021, the ALJ issued 

the subject ID granting HCY’s motion. 

The ID noted that Fed. R. Civ. P. 24 

‘‘provides some guidance in 

determining whether intervention in a 

particular matter is appropriate.’’ ID at 

6 (citing Certain Electronic Devices with 

Image Processing Systems, Components 

Thereof, and Associated Software, Inv. 

No. 337–TA–724, Comm’n Op. at 57 

(Dec. 21, 2011) (EDIS Doc. ID 467105)). 

The ID noted that ‘‘[b]ased on the factors 

found in Federal Rule 24, a party’s 

motion to intervene is most persuasive 

where (1) the motion is timely; (2) the 

movant has an interest relating to the 

property or transaction which is the 

subject of the action; (3) the movant is 

so situated that the disposition of the 

action may as a practical matter impair 

or impede the movant’s ability to 

protect that interest; (4) the movant is 

not adequately represented by existing 

parties; and (5) the intervention will not 

unduly delay or prejudice the 

adjudication of the original parties’ 

rights.’’ Id. (citing Electronic Devices, 

Comm’n Op. at 57). The ID found that 

each of the factors identified in Certain 

Electronic Devices weighs in favor of 

permitting intervention. Id. at 7–9. No 

party petitioned for review of the ID. 

The Commission has determined not 

to review the subject ID. Huanchenyang 

(Shenzhen) Technology Co., Ltd. and 

HCY USA LLC are now respondents in 

this investigation. 

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. 2022–00368 Filed 1–11–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1191] 

Certain Audio Players and Controllers, 

Components Thereof, and Products 

Containing Same; Notice of a Final 

Determination Finding a Violation of 

Section 337; Issuance of a Limited 

Exclusion Order and a Cease and 

Desist Order; Termination of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined that 

respondent Google LLC (‘‘Google’’) has 

violated section 337 of the Tariff Act of 

1930, as amended, by importing, 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 claims of 

U.S. Patent Nos. 9,195,258; 10,209,953; 

9,219,959; 8,588,949; and 10,439,896. 

The Commission has determined that 

the appropriate remedies are a limited 

exclusion order and a cease and desist 

order against Google. 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. This investigation 

is hereby terminated. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Hadorn, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3179. 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, telephone 

(202) 205–1810. 


lotter on DSK11XQN23PROD with NOTICES1
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. 


lotter on DSK11XQN23PROD with NOTICES1