Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II; Institution of Investigation

William R. Bishop
International Trade Commission
11 October 2017

[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47250-47251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21842]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1073]


Certain Thermoplastic-Encapsulated Electric Motors, Components 
Thereof, and Products and Vehicles Containing Same II; Institution of 
Investigation

AGENCY: U.S. International Trade Commission

ACTION: Notice

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 5, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Intellectual 
Ventures II LLC of Bellevue, Washington. A supplement was filed on 
September 15, 2017. 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 thermoplastic-encapsulated electric motors, 
components thereof, and products and vehicles containing same by reason 
of infringement of U.S. Patent No. 7,154,200 (``the '200 patent''); 
U.S. Patent No. 7,067,944 (``the '944 patent''); U.S. Patent No. 
7,067,952 (``the '952 patent''); U.S. Patent No. 7,683,509 (``the '509 
patent''); and U.S. Patent No. 7,928,348 (``the '348 patent''). The 
complaint further alleges that an industry in the United States exists 
and is in the process of being established as required by the 
applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as supplemented, except for any confidential 
information contained therein, is available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street SW., Room 
112, Washington, DC 20436, telephone (202) 205-2000. 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. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 4, 2017, 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 
thermoplastic-encapsulated electric motors, components thereof, and 
products and vehicles containing same by reason of infringement of one 
or more of claims 1, 2, and 4-7 of the '200 patent; claims 24-27 of the 
'348 patent; claims 1, 2, 14, and 15 of the '509 patent; claims 3, 9, 
and 11 of the '944 patent; and claims 10 and 12 of the '952 patent; and 
whether an industry in the United States exists and/or is in the 
process of being established as required by subsection (a)(2) of 
section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding Administrative Law Judge shall take evidence or other 
information and hear arguments from the parties or

[[Page 47251]]

other interested persons with respect to the public interest in this 
investigation, as appropriate, and provide the Commission with findings 
of fact and a recommended determination on this issue, which shall be 
limited to the statutory public interest factors set forth in 19 U.S.C. 
1337(d)(1), (f)(1), (g)(1);
    (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 complainant is: Intellectual Ventures II LLC, 3150 139th 
Avenue SE., Building 4, Bellevue, WA 98005.
    (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:

Aisin Seiki Co., Ltd., 2-1, Asahimachi, Kariya 448-0032, Aichi, Japan
Aisin Holdings of America, Inc., 1665 E 4th Street Road, Seymour, IN 
47274
Aisin Technical Center of America, Inc., 15300 Centennial Drive, 
Northville, MI 48168
Aisin World Corporation of America, 15300 Centennial Drive, Northville, 
MI 48168
Bayerische Motoren Werke AG, Petuelring 130, D-80788, Munich, Germany
BMW of North America, LLC, 300 Chestnut Ridge Rd., Woodcliff Lake, NJ 
07677
BMW Manufacturing Co., LLC, 1400 Hwy. 101 S., Greer, SC 29651-6731
Denso Corporation, 1-1, Showacho, Kariya 448-0029, Aichi, Japan Denso 
International America, Inc., 24777 Denso Drive, Southfield, MI 48033
Honda Motor Co., Ltd., 1-1, 2-chome, Minami-Aoyama, Minato-ku, Tokyo 
107-8556, Japan
Honda North America, Inc., 700 Van Ness Avenue, Torrance, CA 90501
American Honda Motor Co., Inc., 1919 Torrance Blvd., Torrance, CA 90501
Honda of America Mfg., Inc., 24000 Honda Pkwy., Marysville, OH 43040
Honda Manufacturing of Alabama, LLC, 1800 Honda Drive, Lincoln, AL 
35096
Honda R&D Americas, Inc., 1900 Harpers Way, Torrance, CA 90501
Mitsuba Corporation, 1-2681, Hirosawacho, Kiryu 376-0013, Gunma, Japan
American Mitsuba Corporation, 2945 Three Leaves Drive, Mount Pleasant, 
MI 48858
Nidec Corporation, 338, Tonoshirocho, Kuze, Minami-Ku, Kyoto, Japan
Nidec Automotive Motor Americas, LLC, 1800 Opdyke Court, Auburn Hills, 
MI 48326
Toyota Motor Corporation, 1 Toyota-cho, Toyota City, Aichi Prefecture 
471-8571, Japan
Toyota Motor North America, Inc., 601 Lexington Ave., 49th Floor, New 
York, NY 10022
Toyota Motor Sales, U.S.A., Inc., 19001 S. Western Avenue, Torrance, CA 
90501
Toyota Motor Engineering & Manufacturing North America, Inc., 25 
Atlantic Avenue, Erlanger, KY 41018
Toyota Motor Manufacturing, Indiana, Inc., 4000 Tulip Tree Drive, 
Princeton, IN 47670
Toyota Motor Manufacturing, Kentucky, Inc., 1001 Cherry Blossom Way, 
Georgetown, KY 40324

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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: October 4, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-21842 Filed 10-10-17; 8:45 am]
 BILLING CODE 7020-02-P