Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Notices 34279 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1118 (Advisory 

Opinion Proceeding)] 

Certain Movable Barrier Operator 

Systems and Components Thereof; 

Notice of a Commission Determination 

To Adopt in Part an Advisory Opinion; 

Termination of Advisory Opinion 

Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (the ‘‘Commission’’) has 

determined to adopt in part an initial 

advisory opinion (‘‘IAO’’) (Order No. 44, 

as corrected) issued by the presiding 

administrative law judge (‘‘ALJ’’). The 

Commission has determined to adopt 

the IAO’s finding of non-infringement of 

claims 1 and 21 of U.S. Patent Nos. 

7,755,223. The Commission has 

determined not to adopt the portions of 

the IAO recommending rescission of the 

remedial orders and discussing grant of 

a motion for summary determination of 

non-infringement. The advisory opinion 

proceeding is hereby terminated. 

FOR FURTHER INFORMATION CONTACT: Carl 

P. Bretscher, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–2382. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket system 

(‘‘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 the underlying 

investigation on June 11, 2018, based on 

a complaint, as supplemented, filed by 

The Chamberlain Group, Inc. (‘‘CGI’’) of 

Oak Brook, Illinois. 83 FR 27020–21 

(June 11, 2018). The complaint alleges 

that respondents Nortek Security & 

Control, LLC of Carlsbad, California; 

Nortek, Inc. of Providence, Rhode 

Island; and GTO Access Systems, LLC of 

Tallahassee, Florida (collectively, 

‘‘Nortek’’) violated section 337 of the 

Tariff Act, as amended, 19 U.S.C. 1337 

(‘‘Section 337’’) by importing, selling for 

importation, or selling in the United 

States after importation garage door 

openers (‘‘GDOs’’) and other movable 

barrier operator systems that allegedly 

infringe one or more of the asserted 

claims of U.S. Patent Nos. 7,755,223 

(‘‘the ’223 patent’’), 8,587,404 (‘‘the ’404 

patent’’), and 6,741,052 (‘‘the ’052 

patent’’). Id. The Office of Unfair Import 

Investigations was not named as a party 

to this investigation. Id. 

On December 3, 2020, the 

Commission determined that Nortek 

violated Section 337 by way of 

infringing claims 1 and 21 of the ’223 

patent. The Commission issued a 

limited exclusion order and cease and 

desist orders against Nortek and 

imposed a bond in the amount of 100 

percent of the entered value of the 

covered products during the period of 

Presidential review. 

On January 21, 2021, the Commission 

granted Nortek’s opposed request to 

institute an advisory opinion 

proceeding, pursuant to Commission 

Rule 210.79 (19 CFR 210.79). 86 FR 

7105 (Jan. 26, 2021); Comm’n Order 

(Jan. 21, 2021). On January 28, 2021, 

CGI and Nortek executed a joint 

stipulation that the subject GDOs do not 

infringe the ’223 patent because they do 

not have two operating modes at two 

different energy levels (i.e., they do not 

have a ‘‘beam off’’ or ‘‘sleep mode’’). On 

February 9, 2021, Nortek filed an 

unopposed motion for summary 

determination and statement of 

undisputed facts that the subject GDOs 

do not infringe the ’223 patent. 

On May 24, 2021, the presiding ALJ 

issued an amended IAO finding the 

subject GDOs do not infringe claims 1 

and 21 of the ’223 patent. Order No. 44 

(May 24, 2021) (as amended). The 

amended IAO also contains language 

ostensibly granting Nortek’s unopposed 

motion for summary determination of 

non-infringement and recommends that 

the Commission issue an order 

rescinding the remedial orders. See id. 

at 6. 

On June 1, 2021, CGI filed a petition 

for review of Order No. 44, opposing the 

portion of the IAO recommending 

rescission of the remedial orders. CGI 

did not oppose the IAO’s finding that 

the subject GDOs do not infringe claims 

1 and 21 of the ’223 patent. Nortek did 

not file a response to CGI’s petition. 

The Commission has determined to 

adopt the portion of the IAO finding 

that the subject GDOs do not infringe 

claims 1 and 21 of the ’223 patent. The 

Commission, however, has determined 

not to adopt the recommendation to 

rescind the remedial orders, as 

modification or rescission of remedial 

orders is governed by Section 337(k) (19 

U.S.C. 1337(k)) and Commission Rule 

210.76 (19 CFR 210.76). The 

Commission has also determined not to 

adopt that portion of the advisory 

opinion discussing granting Nortek’s 

motion for summary determination of 

non-infringement. 

This advisory opinion proceeding is 

hereby terminated. 

The Commission voted to approve 

these determinations on June 23, 2021. 

The authority for the Commission’s 

determinations 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: June 24, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–13830 Filed 6–28–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

U.S. Marshals Service 

[OMB Number 1105–0105] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Renewal of 

Collection, No Changes; Comments 

Requested: Form CSO–005, 

Preliminary Background Check Form 

AGENCY: U.S. Marshals Service, 

Department of Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Department of Justice 

(DOJ), U.S. Marshals Service (USMS), 

will submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

August 30, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments, 

particularly with respect to the 

estimated public burden or associated 

response time, have suggestions, need a 

copy of the proposed information 

collection instrument with instructions, 

or desire any additional information, 

please contact Nicole Timmons either 

by mail at CG–3, 10th Floor, 

Washington, DC 20530–0001, by email 

at Nicole.Timmons@usdoj.gov, or by 

telephone at 202–236–2646. 

SUPPLEMENTARY INFORMATION: Written 

comments and suggestions from the 


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