14288 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 

earpiece devices and components 

thereof that infringe claims 1 and 7 the 

’852 patent; claims 1 and 8 of the ’853 

patent; claims 1 and 6 of the ’590 patent; 

and claims 1, 7, and 8 of the ’287 patent. 

The Commission also imposed a bond 

in the amount of one hundred percent 

(100%) of the entered value of the 

imported articles during the period of 

Presidential review. The Commission 

remanded certain issues to the ALJ and 

thereafter the ’364 patent was 

withdrawn from the investigation and 

the investigation was terminated in its 

entirety. 84 FR 72382–383 (Dec. 31, 

2019). 

On February 4, 2022, Fantasia, the 

importer of record, filed the subject 

request for an advisory opinion that 

Anker’s Soundcore Liberty 2 Pro 

(‘‘A3909’’), Soundcore Liberty Neo 

(‘‘A3911’’), and Soundcore Life Dot 2 

(‘‘A3922’’) products (collectively, the 

‘‘Anker Earphones’’) do not infringe 

claims 1 and 7 of the ’852 patent; claims 

1 and 8 of the ’853 patent; claims 1 and 

6 of the ’590 patent; and claims 1, 7, and 

8 of the ’287 patent, and thus are not 

covered by the GEO issued in this 

investigation. 

Having reviewed Fantasia’s request in 

view of the record below, the 

Commission has determined to institute 

an advisory opinion proceeding under 

Commission Rule 210.79 to ascertain 

whether the Anker Earphones infringe 

claims 1 and 7 of the ’852 patent; claims 

1 and 8 of the ’853 patent; claims 1 and 

6 of the ’590 patent; and claims 1, 7, and 

8 of the ’287 patent, and are covered by 

the GEO issued in this investigation. 

The Commission has further determined 

to refer the matter to the CALJ for 

assignment to an ALJ for appropriate 

proceedings and to issue an IAO at the 

earliest practicable time, preferably 

within 120 days of institution, but no 

later than 7 months after institution. 

The ALJ shall set a target date at two 

months following the date of issuance of 

the IAO. The target date may be 

extended for good cause shown. The 

following entities are named as parties 

to the proceeding: (1) Bose; and (2) 

Fantasia. 

The Commission vote for this 

determination took place on March 8, 

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: March 8, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–05275 Filed 3–11–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1237] 

Certain Cloud-Connected Wood-Pellet 

Grills and Components Thereof; 

Commission Determination Not To 

Review a Final Initial Determination 

Finding a Violation of Section 337; 

Request for Written Submissions on 

Remedy, the Public Interest, and 

Bonding; and Extension of the Target 

Date for Completion of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘the Commission’’) has 

determined not to review a final initial 

determination (‘‘ID’’) of the presiding 

former chief administrative law judge 

(‘‘CALJ’’) finding a violation of section 

337 by the accused products of 

respondent GMG Products LLC 

(‘‘GMG’’). The Commission requests 

written submissions from the parties, 

interested government agencies, and 

other interested persons on the issues of 

remedy, the public interest, and 

bonding, under the schedule set forth 

below. The Commission has also 

determined to extend the target date for 

completion of the investigation to May 

12, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2310. 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. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on January 4, 2021, based on a 

complaint filed on behalf of Traeger 

Pellet Grills LLC (‘‘Traeger’’) of Salt 

Lake City, Utah. 86 FR 129–30 (Jan. 4, 

2021). The complaint, as supplemented, 

alleges violations of section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘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 cloud-connected 

wood-pellet grills and components 

thereof by reason of infringement of 

certain claims of U.S. Patent Nos. 

10,218,833 (‘‘the ’833 patent’’) and 

10,158,720 (‘‘the ’720 patent’’). The 

Commission’s notice of investigation 

named GMG of Lakeside, Oregon as the 

sole respondent. The Office of Unfair 

Import Investigations is not 

participating in the investigation. 

The Commission previously found 

that Traeger has satisfied the economic 

prong of the domestic industry 

requirement with respect to the ’833 and 

’720 patents. See Order No. 26 (Aug. 10, 

2021), unreviewed by Comm’n Notice 

(Sept. 9, 2021). 

On September 3, 2021, the former 

CALJ issued an ID (Order No. 28) 

granting in part GMG’s motion for 

summary determination of noninfringement as to the ’833 patent and 

terminating that patent from the 

investigation. See Order No. 28 (Sept. 3, 

2021). On October 28, 2021, the 

Commission determined, on review, to 

affirm with modification the subject ID’s 

finding of non-infringement. See 

Comm’n Notice (Oct. 28, 2021). 

Accordingly, the ’833 patent was 

terminated from the investigation. 

On December 6, 2021, the former 

CALJ issued the final ID finding a 

violation of section 337 based on 

infringement (i.e., direct, contributory, 

and induced) of asserted claims 1 and 

2 of the ’720 patent. The ID further finds 

that: (1) Traeger has satisfied the 

technical prong of the domestic industry 

requirement; (2) GMG is estopped from 

challenging the validity of the ’720 

patent based on the prior art MAK and 

Fireboard systems; (3) the prior art MAK 

and Fireboard systems do not render the 

asserted claims of the ’720 patent 

invalid due to anticipation under 35 

U.S.C. 102(a) or obviousness under 35 

U.S.C. 103; and (4) the ’720 patent is not 

unenforceable due to inequitable 

conduct. The former CALJ 

recommended, should the Commission 

find a violation, the issuance of a 

limited exclusion order directed to 

GMG’s infringing products and a cease 

and desist order directed to GMG, and 

requiring a bond in the amount of 53.1 

percent of the entered value for 


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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14289 

importation of infringing articles during 

the period of Presidential review. 

On December 20, 2021, GMG 

petitioned for review of certain aspects 

of the final ID. Specifically, GMG 

petitioned for review of the ID’s findings 

regarding claim construction, 

infringement, the technical prong of the 

domestic industry requirement, validity, 

and enforceability with respect to the 

’720 patent. On December 28, 2021, 

Traeger filed a response in opposition to 

GMG’s petition for review. 

The Commission received no public 

interest comments from the public in 

response to the Commission’s Federal 

Register notice seeking comment on the 

public interest. 86 FR 70860–61 (Dec. 

13, 2021). Traeger and GMG did not 

submit any public interest comments 

pursuant to Commission Rule 

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

Having reviewed the record of the 

investigation, including the parties’ 

briefing, the Commission has 

determined not to review the final ID’s 

finding of a violation of section 337. The 

Commission has also determined to 

extend the target date for completion of 

the investigation to May 12, 2022. 

In connection with the final 

disposition of this investigation, the 

Commission may (1) issue an order that 

results 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, Comm’n Op. at 7–10 

(December 1994). 

When 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 

cease and desist orders 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. 

When the Commission orders some 

form of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve, 

disapprove, or take no action on the 

Commission’s determination. See 

section 337(j), 19 U.S.C. 1337(j) and the 

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. 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: Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

bonding, and the public interest. Such 

submissions should address the 

recommended determination by the ALJ 

on remedy and bonding. 

In its initial submission, Complainant 

is also requested to identify the remedy 

sought and to submit proposed remedial 

orders for the Commission’s 

consideration. Complainant is further 

requested to state the date that the 

asserted patent expires, to provide the 

HTSUS subheadings under which the 

accused products are imported, and to 

supply the identification information for 

all known importers of the products at 

issue in this investigation. The initial 

written submissions and proposed 

remedial orders must be filed no later 

than close of business on March 22, 

2022. Reply submissions must be filed 

no later than the close of business on 

March 29, 2022. No further submissions 

on these issues will be permitted unless 

otherwise ordered by the Commission. 

Opening submissions are limited to 25 

pages. Reply submissions are limited to 

20 pages. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 

(March 19, 2020). Submissions should 

refer to the investigation number (Inv. 

No. 337–TA–1237) in a prominent place 

on the cover page and/or the first page. 

(See Handbook for Electronic Filing 

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

documents/handbook_on_filing_

procedures.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 by marking each document 

with a header indicating that the 

document contains confidential 

information. This marking will be 

deemed to satisfy the request procedure 

set forth in Rules 201.6(b) and 

210.5(e)(2) (19 CFR 201.6(b) & 

210.5(e)(2)). Documents for which 

confidential treatment by the 

Commission is properly sought will be 

treated accordingly. A redacted nonconfidential version of the document 

must also be filed simultaneously with 

any confidential filing. 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, solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. All nonconfidential written 

submissions will be available for public 

inspection on EDIS. 

The Commission vote for this 

determination took place on March 8, 

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: March 8, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–05273 Filed 3–11–22; 8:45 am] 

BILLING CODE 7020–02–P 


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