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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Notices]
[Pages 7157-7158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01310]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1365]

Certain Photovoltaic Connectors and Components Thereof; Notice of 
a Commission Final Determination Finding no Violation of Section 337; 
Termination of the 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 (``Commission'') has determined to reverse in part a final 
initial determination (``FID'') issued by the presiding administrative 
law judge (``ALJ'') finding a violation of section 337 of the Tariff 
Act of 1930, as amended. The investigation is terminated with a finding 
of no violation.

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. 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 
[email protected]. 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: On June 9, 2023, the Commission instituted 
this investigation based on a complaint filed on behalf of Shoals 
Technologies Group, LLC (``Shoals Technologies'') of Portland, 
Tennessee. 88 FR 37905-06 (June 9, 2023). The complaint 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, or sale within the United 
States after importation of certain photovoltaic connectors and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 10,553,739 (``the '739 patent'') and 10,992,254 (``the '254 
patent''). The Commission's notice of investigation (``NOI'') named the 
following eight respondents: (1) Hikam America, Inc. of Chula Vista, 
California; (2) Hikam Electr[oacute]nica de M[eacute]xico, S.A. de C.V. 
of Mexicali, Mexico; (3) Hikam Tecnologia de Sinaloa of Guasave, 
Mexico; (4) Hewtech Philippines Corp. of Laguna, Philippines; (5) 
Hewtech Philippines Electronics Corp. of Pampanga, Philippines; (6) 
Hewtech (Shenzhen) Electronics Co., Ltd. of Shenzhen, China 
(collectively the ``Hikam Respondents''); (7) Voltage, LLC 
(``Voltage'') of Chapel Hill, North Carolina; and (8) Ningbo Voltage 
Smart Production Co. (``Ningbo Voltage'') of Ningbo, China 
(collectively ``Respondents''). Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party in this 
investigation. Id. at 37906.
    On August 15, 2023, the Commission amended the complaint and NOI to 
add allegations of infringement against Voltage related to certain 
claims of U.S. Patent No. 11,689,153 (``the '153 patent''). See Order 
No. 5 (Jul. 18, 2023), unreviewed by Comm'n Notice, 88 FR 56882-83 
(Aug. 21, 2023).
    The presiding ALJ held a Markman hearing on December 13, 2023, and 
on February 20, 2024, issued an order addressing claim construction for 
the '739, '254, and '153 patents. See Order No. 16 (Feb. 20, 2024) 
(``Markman Order''). On February 28, 2024, Shoals filed a motion for 
reconsideration of the Markman Order's construction of the term 
``engaged with'' in claims 1 and 10 of the '739 patent. On March 4 and 
5, 2024, Respondents and OUII filed oppositions to the motion, 
respectively.
    On March 11, 2024, the Commission terminated the following claims 
from the investigation based on Shoals' withdrawal of the complaint as 
to those claims: claims 2, 3, 6, 8, 9, 11, 12, and 15-18 of the '739 
patent, claims 2-4, 8-12, 14, and 15 of the '254 patent, and claims 2, 
3, 6, and 15-17 of the '153 patent. See Order No. 15 (Feb. 9, 2024), 
unreviewed by Comm'n Notice (March 11, 2024).
    On March 25, 2024, the Commission terminated the '254 patent from 
this investigation based on Shoals' withdrawal of the complaint as to 
that patent. See Order No. 19 (Feb. 28, 2024), unreviewed by Comm'n 
Notice (March 26, 2024).
    On April 19, 2024, the Commission determined not to review the 
ALJ's grant of summary determination that Shoals has not satisfied the 
technical prong of the domestic industry requirement for the '739 
Patent and, thus, found no violation as to the '739 patent. Order No. 
20 (March 6, 2024), unreviewed by Comm'n Notice (Apr. 19, 2024). In 
Order No. 20, the ALJ also denied Shoals' motion for reconsideration of 
the Markman Order. Id. Only the '739 patent was asserted against the 
Hikam Respondents. See Comm'n Notice (Apr. 19, 2024); Am. Compl. at ] 
66. Accordingly, the Hikam Respondents were effectively terminated from 
the investigation as of the termination of the '739 patent. On June 18, 
2024, Shoals filed a notice of appeal with the U.S. Court of Appeals 
for the Federal Circuit appealing the Commission's finding of no 
violation as to the '739 patent. See Case No. 24-1991, Notice of 
Docketing (Fed. Cir. June 24, 2024). On December 18, 2024, the Federal 
Circuit issued an order dismissing the appeal based on a joint 
stipulation of voluntary dismissal. See Case No. 24-1991, Order (Fed. 
Cir. Dec. 18, 2024).
    On April 26, 2024, the Commission terminated the investigation with 
respect to asserted claim 8 of the '153 patent based on Shoals' 
withdrawal of the complaint as to that claim. See

[[Page 7158]]

Order No. 29 (April 2, 2024), unreviewed by Comm'n Notice (Apr. 26, 
2024).
    The ALJ held an evidentiary hearing on March 18-22, 2024. As of the 
hearing, Shoals asserted claims 1, 11-14, 18, 21, 23, and 24 of the 
'153 patent against the accused Voltage Trunk Bus, and Voltage sought 
adjudication of the Voltage Alternative Design [``AD''] Trunk Bus with 
respect to and claims 21 and 24 of the '153 patent. Shoals also 
asserted that its DI product practices claims 1 and 21 of the '153 
patent for purposes of the DI requirement.
    On August 30, 2024, the presiding ALJ issued the FID, finding that 
there has been a violation of section 337 in the importation into the 
United States, the sale for importation, and/or the sale in the United 
States after importation of certain photovoltaic connectors and 
components thereof with respect to certain claims of the '153 patent. 
Specifically, the FID finds as to the '153 patent that: (1) the Voltage 
Trunk Bus and Voltage AD Trunk Bus have been imported into the United 
States, sold for importation, and/or sold within the United States 
after importation; (2) the Voltage Trunk Bus satisfies claims 1, 11-14, 
and 18; (3) the Voltage Trunk Bus does not satisfy claims 21, 23, and 
24; (4) the Voltage AD Trunk Bus does not satisfy claims 1, 11-14, 18, 
21, 23, and 24; (5) Shoals has satisfied the technical prong of the DI 
requirement; (6) Shoals has satisfied the economic prong of the DI 
requirement; and (7) Voltage has not shown that claims 1, 11-14, 18, 
21, 23, and 24 are invalid under 35 U.S.C. 112 for lack of written 
description and/or indefiniteness.
    On September 13, 2024, the presiding ALJ issued a Recommended 
Determination on Remedy and Bonding (``RD''). The RD recommends that 
the Commission issue a limited exclusion order against Voltage in the 
event it finds a violation of section 337 and impose a bond of 100 
percent during the period of Presidential Review.
    On October 15 and 16, 2024, Shoals Technologies and Voltage, 
respectively, filed a statement on the public interest pursuant to 
Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4). On October 15, 2024, 
Strata Clean Energy of Durham, N.C. filed a statement on the public 
interest in response to the Commission's Federal Register notice. See 
89 FR 76869-70 (Sept. 19, 2024).
    On September 16, 2024, Shoals filed a petition for review of the 
FID, arguing that the ALJ should not have considered respondents' 
redesign product, the Voltage AD Trunk Bus, as being within the scope 
of the investigation. On the same day, Respondents also filed a 
petition for review of the following of the FID's findings: (1) the 
FID's construction of the term ``aperture'' recited in the asserted 
claims of the '153 patent; (2) the FID's finding that the asserted 
claims of the '153 patent are not invalid under 35 U.S.C. 112 for lack 
of written description and/or indefiniteness; (3) the FID's finding 
that Shoals has satisfied the domestic industry requirement with 
respect to an article protected by the '153 patent; and (4) the FID's 
determination to exclude the testimony of Voltage's invalidity expert. 
Also on the same day, OUII filed a petition for review of the following 
of the FID's findings: (1) the FID's construction of the ``aperture'' 
terms; (2) the FID's finding that Shoals' has satisfied the technical 
prong of the domestic industry requirement; and (3) the FID's 
determination to exclude the testimony of Voltage's invalidity expert.
    On September 24, 2024, Shoals, Voltage and OUII each filed 
responses to the respective petitions for review.
    On October 4, 2024, Voltage filed a notice of supplemental 
authority, and on October 7, 2024, Shoals filed a response to the 
notice. The Voltage Notice attached a copy of a September 30, 2024 
decision from the U.S. Patent and Trademark Office's Patent Trial and 
Appeal Board denying a petition by Voltage to institute post-grant 
review proceedings. See Voltage Notice, Ex. A (Voltage v. Shoals, 
PGR2024-00022).
    On November 13, 2024, the Commission determined to review the FID 
in part. See 89 FR 91424-27 (Nov. 19, 2024) (the ``November 13, 2024 
Commission Notice''). Specifically, the Commission reviewed the FID's: 
(1) construction of the ``aperture'' terms recited in the asserted 
claims of the '153 Patent; (2) finding that the accused products 
infringe the asserted claims of the '153 patent; (3) finding that the 
asserted claims of the '153 patent are not invalid under 35 U.S.C. 112 
for lack of written description and/or indefiniteness; and (4) finding 
that Shoals has satisfied the domestic industry requirement of section 
337, including the FID's findings concerning the technical prong and 
the economic prong. Id. at 91426. The Commission did not review the 
remaining findings in the FID.
    In connection with its review, the Commission requested responses 
from the parties to certain question concerning the issues under 
review. Id. at 91426. The Commission also requested parties to the 
investigation, interested government agencies, and any other interested 
parties to file written submissions on the issues of remedy, the public 
interest, and bonding. Id.
    On November 27, 2024, Shoals, Voltage and OUII each filed a 
response to the Commission's November 13, 2024 notice. On December 5, 
2024, Shoals, Voltage and OUII each filed a respective reply.
    Having reviewed the record of the investigation, including the FID, 
the parties' petitions for review and related submissions, and the 
parties' responses to the Commission's November 13, 2024 Notice, the 
Commission has determined to: (1) construe the ``aperture'' terms 
recited in the asserted claims of the '153 Patent such that the entire 
``drop line'' recited in the claims means ``the entire length of the 
underlying `drop line/wire' within the undermold (and compression lug), 
just as the `feeder cable' equates to the entire length of the 
underlying cable within the undermold (and compression lug)''; (2) 
reverse the FID's finding that the accused Voltage Trunk Bus satisfies 
claims 1, 11-14, and 18 of the '153 patent; and (3) reverse the FID's 
finding that Shoals' asserted domestic industry products satisfy the 
limitations of claims 1 and 21 of the '153 patent. The Commission takes 
no position on the other issues under review. Concurrent with this 
notice, the Commission has issued an opinion further explaining its 
determination.
    The investigation is terminated with a finding of no violation of 
section 337.
    The Commission's vote on this determination took place on January 
14, 2025.
    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 14, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-01310 Filed 1-17-25; 8:45 am]
BILLING CODE 7020-02-P
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