40078 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 

investigation in part as to the Schneider 

Respondents based on settlement. See 

Order No. 15 (Aug. 10, 2020), 

unreviewed by Comm’n Notice (Aug. 31, 

2020). On November 27, 2020, the ALJ 

issued an ID (Order No. 27) granting an 

unopposed motion for partial 

termination of the investigation as to the 

asserted claims of the ’753 patent; the 

asserted claims of the ’322 patent and 

the ’371 patent as to ecobee; and the 

asserted claims of the ’497 patent as to 

Alarm.com. See Order No. 27, 

unreviewed by Comm’n Notice (Dec. 15, 

2021). 

On April 20, 2021, the ALJ issued the 

final ID in this investigation, holding 

that no violation of section 337 has 

occurred in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation, of certain smart 

thermostats, smart HVAC systems, and 

components thereof, with respect to 

asserted claims 1, 2, and 5 of patent 

’497, asserted claims 1, 2, and 5 of 

patent ’322, and asserted claim 9 of 

patent ’371. 

Concerning infringement, the ID finds 

that respondent Google indirectly 

infringes all of the asserted claims. 

Specifically, the ID finds that Google 

induces infringement of all of the 

asserted claims and contributorily 

infringes the asserted claims of the ’497 

and ’371 patents. The ID finds that 

EcoFactor has not shown that 

respondents ecobee, Vivint and 

Alarm.com infringe any of the asserted 

claims of the asserted patents. 

Regarding the domestic industry 

requirement, the ID finds that EcoFactor 

has not satisfied the technical or 

economic prongs of the domestic 

industry requirement with respect to 

any of the asserted patents. 

Concerning validity, with respect to 

the ’497 patent, the ID finds that 

asserted claims 1, 2, and 5 have not 

been shown to be patent ineligible 

under 35 U.S.C. 101, and have not been 

shown to be invalid as anticipated or 

obvious under 35 U.S.C. 102 or 103, 

respectively. The ID further finds that 

the asserted claims of the ’497 patent 

have not been shown to be invalid for 

indefiniteness under 35 U.S.C. 112, ¶ 2. 

The ID finds, however, that the asserted 

claims of the ’497 patent have been 

shown to be invalid for lack of written 

description and enablement under 35 

U.S.C. 112, ¶ 1. 

As to the ’322 patent, the ID finds that 

asserted claims 1, 2, and 5 have not 

been shown to be patent ineligible 

under 35 U.S.C. 101. The ID further 

finds that the asserted claims of the ’322 

patent have been shown to be invalid 

for lack of written description and 

enablement under 35 U.S.C. 112, ¶ 1. 

The ID also finds that the asserted 

claims of the ’322 patent have not been 

shown to be invalid for indefiniteness 

under 35 U.S.C. 112, ¶ 2. The ID finds, 

however, that claim 1 has been shown 

to be invalid as anticipated under 35 

U.S.C. 102, but that claims 2 and 5 have 

been shown to be invalid as obvious 

under 35 U.S.C. 103. 

With respect to the ’371 patent, the ID 

finds that asserted claim 9 has not been 

shown to be patent ineligible under 35 

U.S.C. 101, and has not been shown to 

be invalid under 35 U.S.C. 102 or 103. 

On May 3, 2021, EcoFactor filed a 

petition for review of various portions of 

the ID, and respondent Google filed a 

contingent review for certain aspects of 

the ID. On May 4, 2021, respondent 

ecobee filed a contingent petition for 

review of certain aspect of the ID. 

On May 11, 2021, complainant 

EcoFactor filed a response to 

Respondents’ petitions for review. Also 

on May 11, 2021, respondents ecobee, 

Vivint, and Google each filed their 

respective responses. On May 12, 2021, 

OUII filed a response to the private 

parties’ petitions. 

Having examined the record in this 

investigation, including the final ID, the 

petitions for review, and the responses 

thereto, the Commission has determined 

to review in part the ID: (1) To review 

the language supporting the ID’s 

determination that EcoFactor failed to 

satisfy the economic prong of the 

domestic industry requirement under 

subparagraphs (A) and (B), and on 

review to strike the last paragraph on 

page 560 (see ID at 560–561); (2) to 

review the ID’s findings regarding 

induced and contributory infringement, 

and on review to additionally provide 

the requisite findings that Google was 

willfully blind with respect to the 

asserted patents and thus possessed the 

requisite knowledge that its products 

infringe those patents (with the 

exception of contributory infringement 

of the ’322 patent) (see ID at 404–405, 

408–409); and (3) to review the ID’s 

conclusions of fact and law Nos. 14 and 

22 on page 576, and on review to correct 

clerical errors so that each of them reads 

as follows: ‘‘Respondents have shown, 

through clear and convincing evidence, 

that the asserted claims are invalid 

under 35 U.S.C. 112, ¶ 1, and have not 

shown, through clear and convincing 

evidence, that the asserted claims are 

invalid under 35 U.S.C. 112, ¶ 2.’’ 

The Commission has determined not 

to review the remainder of the ID, 

including the ID’s finding of no 

violation of section 337 in this 

investigation. 

The investigation is terminated. 

The Commission vote for this 

determination took place on July 20, 

2021. 

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: July 20, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–15857 Filed 7–23–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Open RF Association, 

Inc. 

Notice is hereby given that, on May 

25, 2021 pursuant to Section 6(a) of the 

National Cooperative Research and 

Production Act of 1993, 15 U.S.C. 4301 

et seq. (‘‘the Act’’), Open RF 

Association, Inc. filed written 

notifications simultaneously with the 

Attorney General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of invoking the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, MixComm Inc., Chatham, 

NJ; and TMY Technology Inc., New 

Taipei City, TAIWAN have been added 

as parties to this venture. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and Open RF 

Association, Inc. intends to file 

additional written notifications 

disclosing all changes in membership. 

On February 21, 2020, Open RF 

Association, Inc. filed its original 

notification pursuant to Section 6(a) of 

the Act. The Department of Justice 

published a notice in the Federal 

Register pursuant to Section 6(b) of the 

Act on March 11, 2020 (85 FR 14247). 

The last notification was filed with 

the Department on March 11, 2021. A 

notice was published in the Federal 


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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 40079 

Register pursuant to Section 6(b) of the 

Act on April 8, 2021 (86 FR 18300). 

Suzanne Morris, 

Chief, Premerger and Division Statistics, 

Antitrust Division. 

[FR Doc. 2021–15817 Filed 7–23–21; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Electrified Vehicle and 

Energy Storage Evaluation 

Notice is hereby given that, on June 

16, 2021, pursuant to Section 6(a) of the 

National Cooperative Research and 

Production Act of 1993, 15 U.S.C. 4301 

et seq. (‘‘the Act’’), Electrified Vehicle 

and Energy Storage Evaluation 

(‘‘EVESE’’) has filed written 

notifications simultaneously with the 

Attorney General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, The Dow Chemical 

Company, Midland, MI, has been added 

as a party to this venture. In addition, 

AMTE Power, Ltd., Caithess, UK, has 

withdrawn as a party to this venture. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and EVESE 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On September 24, 2020, EVESE filed 

its original notification pursuant to 

Section 6(a) of the Act. The Department 

of Justice published a notice in the 

Federal Register pursuant to Section 

6(b) of the Act on October 15, 2020 (85 

FR 65423). 

The last notification was filed with 

the Department on February 10, 2021. A 

notice was published in the Federal 

Register pursuant to section 6(b) of the 

Act on March 10, 2021 (86 FR 13750). 

Suzanne Morris, 

Chief, Premerger and Division Statistics, 

Antitrust Division. 

[FR Doc. 2021–15818 Filed 7–23–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—The Institute of Electrical 

and Electronics Engineers, Inc. 

Notice is hereby given that, on May 

25, 2021, pursuant to Section 6(a) of the 

National Cooperative Research and 

Production Act of 1993, 15 U.S.C. 4301 

et seq. (‘‘the Act’’), The Institute of 

Electrical and Electronics Engineers, 

Inc. (‘‘IEEE’’) has filed written 

notifications simultaneously with the 

Attorney General and the Federal Trade 

Commission disclosing additions or 

changes to its standards development 

activities. The notifications were filed 

for the purpose of extending the Act’s 

provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, 17 new standards have 

been initiated and 2 existing standards 

are being revised. More detail regarding 

these changes can be found at: https:// 

standards.ieee.org/about/sasb/sba/ 

may2021.html. 

On September 17, 2004, IEEE filed its 

original notification pursuant to Section 

6(a) of the Act. The Department of 

Justice published a notice in the Federal 

Register pursuant to Section 6(b) of the 

Act on November 3, 2004 (69 FR 64105). 

The last notification was filed with 

the Department on April 5, 2021. A 

notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act on May 11, 2021 (86 FR 25887). 

Suzanne Morris, 

Chief, Premerger and Division Statistics, 

Antitrust Division. 

[FR Doc. 2021–15815 Filed 7–23–21; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—ASTM International 

Standards 

Notice is hereby given that on May 27, 

2021 pursuant to Section 6(a) of the 

National Cooperative Research and 

Production Act of 1993, 15 U.S.C. 4301 

et seq. (‘‘the Act’’), ASTM International 

(‘‘ASTM’’) has filed written notifications 

simultaneously with the Attorney 

General and the Federal Trade 

Commission disclosing additions or 

changes to its standards development 

activities. The notifications were filed 

for the purpose of extending the Act’s 

provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, ASTM has provided an 

updated list of current, ongoing ASTM 

activities originating between February 

17, 2021 and May 24, 2021 designated 

as Work Items. A complete listing of 

ASTM Work Items, along with a brief 

description of each, is available at 

http://www.astm.org. 

On September 15, 2004, ASTM filed 

its original notification pursuant to 

Section 6(a) of the Act. The Department 

of Justice published a notice in the 

Federal Register pursuant to Section 

6(b) of the Act on November 10, 2004 

(69 FR 65226). The last notification with 

the Department was filed on February 

22, 2021. A notice was filed in the 

Federal Register on April 8, 2021 (86 FR 

18327). 

Suzanne Morris, 

Chief, Premerger and Division Statistics, 

Antitrust Division. 

[FR Doc. 2021–15816 Filed 7–23–21; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—CHEDE–8 

Notice is hereby given that, on June 2, 

2021, pursuant to Section 6(a) of the 

National Cooperative Research and 

Production Act of 1993, 15 U.S.C. 4301 

et seq. (‘‘the Act’’), CHEDE–8 (‘‘CHEDE– 

8’’) has filed written notifications 

simultaneously with the Attorney 

General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, Dongfeng Commercial 

Vehicle Co., LTM, Hubei, CHINA, has 

been added as a party to this venture. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and CHEDE–8 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On December 4, 2019, CHEDE–8 filed 

its original notification pursuant to 

Section 6(a) of the Act. The Department 

of Justice published a notice in the 

Federal Register pursuant to Section 

6(b) of the Act on December 30, 2019 

(84 FR 71977). 


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