Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Notices 7157 

TABLE—CONCESSION CONTRACTS EXTENDED UNTIL THE EXPIRATION DATE SHOWN OR UNTIL THE EFFECTIVE DATE OF A

NEW CONTRACT, WHICHEVER COMES FIRST—Continued 

Park unit CONCID Concessioner 

Extension 

effective 

date 

Extension 

expiration 

date 

Yellowstone NP ................................ YELL518–14 ARAMARK Sports and Entertainment Services, LLC .. 7/1/2025 6/30/2026 

Yellowstone NP ................................ YELL519–14 Teton Science Schools, Inc .......................................... 7/1/2025 6/30/2026 

Yellowstone NP ................................ YELL520–14 Teton Science Schools, Inc .......................................... 7/1/2025 6/30/2026 

Yellowstone NP ................................ YELL522–14 Gary Fales Outfitting, Inc .............................................. 7/1/2025 6/30/2026 

Yellowstone NP ................................ YELL523–14 DNC Parks & Resorts Yellowstone Adventures, Inc .... 7/1/2025 6/30/2026 

Justin Unger, 

Associate Director, Business Services. 

[FR Doc. 2025–01240 Filed 1–17–25; 8:45 am] 

BILLING CODE 4312–53–P 

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. 

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 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: 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 Electro ́nica de Me ́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 


ddrumheller on DSK120RN23PROD with NOTICES1
7158 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Notices 

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 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1384] 

Certain Passive Optical Network 

Equipment; Notice of Request for 

Submissions on the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that on 

December 19, 2024, the presiding 

administrative law judge (‘‘ALJ’’) issued 


ddrumheller on DSK120RN23PROD with NOTICES1