Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 38423 

that filed a notice of appearance during 

the preliminary phase of the 

investigation need not file an additional 

notice of appearance during this final 

phase. The Secretary will maintain a 

public service list containing the names 

and addresses of all persons, or their 

representatives, who are parties to the 

investigation. 

Please note the Secretary’s Office will 

accept only electronic filings during this 

time. Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

§ 207.7(a) of the Commission’s rules, the 

Secretary will make BPI gathered in the 

final phase of this investigation 

available to authorized applicants under 

the APO issued in the investigation, 

provided that the application is made 

no later than 21 days prior to the 

hearing date specified in this notice. 

Authorized applicants must represent 

interested parties, as defined by 19 

U.S.C. 1677(9), who are parties to the 

investigation. A party granted access to 

BPI in the preliminary phase of the 

investigation need not reapply for such 

access. A separate service list will be 

maintained by the Secretary for those 

parties authorized to receive BPI under 

the APO. 

Staff report.—The prehearing staff 

report in the final phase of this 

investigation will be placed in the 

nonpublic record on September 29, 

2022, and a public version will be 

issued thereafter, pursuant to § 207.22 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the final 

phase of this investigation beginning at 

9:30 a.m. on October 18, 2022. 

Information about the place and form of 

the hearing, including about how to 

participate in and/or view the hearing, 

will be posted on the Commission’s 

website at https://www.usitc.gov/ 

calendarpad/calendar.html. Interested 

parties should check the Commission’s 

website periodically for updates. 

Requests to appear at the hearing should 

be filed in writing with the Secretary to 

the Commission on or before October 

12, 2022. A nonparty who has testimony 

that may aid the Commission’s 

deliberations may request permission to 

present a short statement at the hearing. 

All parties and nonparties desiring to 

appear at the hearing and make oral 

presentations should attend a 

prehearing conference to be held at 9:30 

a.m. on October 13, 2022. Oral 

testimony and written materials to be 

submitted at the public hearing are 

governed by sections 201.6(b)(2), 

201.13(f), and 207.24 of the 

Commission’s rules. Parties must submit 

any request to present a portion of their 

hearing testimony in camera no later 

than 7 business days prior to the date of 

the hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of § 207.23 of the 

Commission’s rules; the deadline for 

filing is October 7, 2022. Parties may 

also file written testimony in connection 

with their presentation at the hearing, as 

provided in § 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of section 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is October 25, 

2022. In addition, any person who has 

not entered an appearance as a party to 

the investigation may submit a written 

statement of information pertinent to 

the subject of the investigation, 

including statements of support or 

opposition to the petition, on or before 

October 25, 2022. On November 10, 

2022, the Commission will make 

available to parties all information on 

which they have not had an opportunity 

to comment. Parties may submit final 

comments on this information on or 

before November 15, 2022, but such 

final comments must not contain new 

factual information and must otherwise 

comply with § 207.30 of the 

Commission’s rules. All written 

submissions must conform with the 

provisions of § 201.8 of the 

Commission’s rules; any submissions 

that contain BPI must also conform with 

the requirements of §§ 201.6, 207.3, and 

207.7 of the Commission’s rules. The 

Commission’s Handbook on Filing 

Procedures, available on the 

Commission’s website at https://

www.usitc.gov/documents/handbook_

on_filing_procedures.pdf, elaborates 

upon the Commission’s procedures with 

respect to filings. 

Additional written submissions to the 

Commission, including requests 

pursuant to § 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with §§ 201.16(c) and 

207.3 of the Commission’s rules, each 

document filed by a party to the 

investigation must be served on all other 

parties to the investigation (as identified 

by either the public or BPI service list), 

and a certificate of service must be 

timely filed. The Secretary will not 

accept a document for filing without a 

certificate of service. 

Authority: This investigation is being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to § 207.21 of the 

Commission’s rules. 

By order of the Commission. 

Issued: June 22, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–13680 Filed 6–27–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1321] 

Certain Barcode Scanners, Scan 

Engines, Mobile Computers With 

Barcode Scanning Functionalities, 

Products Containing the Same, and 

Components Thereof II; Notice of 

Institution of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on May 

20, 2022, under section 337 of the Tariff 

Act of 1930, as amended, on behalf of 

Honeywell International Inc. of 

Charlotte, North Carolina and Hand 

Held Products, Inc. of Charlotte, North 

Carolina. A supplement to the 

complaint was filed on June 7, 2022. 

The complaint, as supplemented, 

alleges violations of 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 barcode scanners, 

scan engines, mobile computers with 

barcode scanning functionalities, 

products containing the same, and 

components thereof by reason of the 

infringement of certain claims of U.S. 

Patent No. 11,323,649 (‘‘the ’649 

patent’’), U.S. Patent No. 11,323,650 

(‘‘the ’650 patent’’), U.S. Patent No. 

7,852,519 (‘‘the ’519 patent’’), U.S. 

Patent No. 9,258,188 (‘‘the ’188 patent’’), 

and U.S. Patent No. 8,635,309 (‘‘the ’309 

patent’’). The complaint further alleges 

that an industry in the United States 

exists as required by the applicable 

Federal Statute. The complainants 

request that the Commission institute an 

investigation and, after the 


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38424 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 

investigation, issue a limited exclusion 

order and cease and desist orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. Persons 

with mobility impairments who will 

need special assistance in gaining access 

to the Commission should contact the 

Office of the Secretary at (202) 205– 

2000. General information concerning 

the Commission may also be obtained 

by accessing its internet server at 

https://www.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Hiner, Office of Docket 

Services, U.S. International Trade 

Commission, telephone (202) 205–1802. 

SUPPLEMENTARY INFORMATION: 

Authority: The authority for 

institution of this investigation is 

contained in section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, and in section 210.10 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10 (2021). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

June 22, 2022, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain products 

identified in paragraph (2) by reason of 

infringement of one or more of claims 

1–30 of the ’649 patent; claims 1–20 of 

the ’650 patent; claims 1–3, 5–7, and 20 

of the ’519 patent; claims 1, 2, 5, 6, 9, 

11, 12, 16, 19, and 20 of the ’188 patent; 

and claims 1–4, 13, 19–22, 25, 26, 29– 

32, 40, 42, 47–50, and 57 of the ’309 

patent, and whether an industry in the 

United States exists as required by 

subsection (a)(2) of section 337; 

(2) Pursuant to section 210.10(b)(1) of 

the Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10(b)(1), the 

plain language description of the 

accused products or category of accused 

products, which defines the scope of the 

investigation, is ‘‘barcode scanners (also 

known as barcode readers, barcode 

decoders, stationary scanners, handheld 

scanners, companion scanners, cabled 

scanners, wireless scanners, and mobile 

scanning devices), handheld computers, 

mobility devices, scan engines, 

undecoded scan engines, decoder 

boards, and imaging modules’’; 

(3) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainants are: 

Honeywell International Inc., 855 S 

Mint Street, Charlotte, NC 28202 

Hand Held Products, Inc., 855 S Mint 

Street, Charlotte, NC 28202 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Zebra Technologies Corporation, 3 

Overlook Point, Lincolnshire, IL 

60069 

Symbol Technologies, Inc., 1 Zebra 

Plaza, Holtsville, NY 11742 

(4) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

The Office of Unfair Import 

Investigations will not participate as a 

party to this investigation. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(e) and 210.13(a), as 

amended in 85 FR 15798 (March 19, 

2020), such responses will be 

considered by the Commission if 

received not later than 20 days after the 

date of service by the complainants of 

the complaint and the notice of 

investigation. Extensions of time for 

submitting responses to the complaint 

and the notice of investigation will not 

be granted unless good cause therefor is 

shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: June 22, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–13718 Filed 6–27–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1258] 

Certain Smart Thermostat Systems, 

Smart HVAC Systems, Smart HVAC 

Control Systems, and Components 

Thereof; Commission Decision To 

Review in Part a Final Initial 

Determination; Commission Final 

Determination Finding No Violation of 

Section 337; Termination of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

in part a final initial determination 

(‘‘FID’’) of the presiding Administrative 

Law Judge (‘‘ALJ’’). On review, the 

Commission affirms the FID’s finding of 

no violation of section 337 of the Tariff 

Act of 1930, as amended, in this 

investigation. The investigation is 

terminated. 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–4716. 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 on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: On April 

2, 2021, the Commission instituted this 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’), based on a 

complaint filed by EcoFactor, Inc. of 

Palo Alto, California (‘‘Complainant’’). 

See 86 FR 17402–03 (Apr. 2, 2021). The 

complaint, as amended and 

supplemented, alleges a violation of 

section 337 based upon the importation 

into the United States, the sale for 


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