Certain Vehicle Security and Remote Convenience Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Settlement Agreement; Termination of the Investigation |
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Lisa Barton
International Trade Commission
4 March 2020
[Federal Register Volume 85, Number 43 (Wednesday, March 4, 2020)]
[Notices]
[Pages 12806-12807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04442]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1152]
Certain Vehicle Security and Remote Convenience Systems and
Components Thereof; Commission Determination Not To Review an Initial
Determination Terminating the Investigation in Its Entirety Based on a
Settlement Agreement; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 20) of the presiding administrative law judge
(``ALJ'') granting the parties' joint motion to terminate the
investigation in its entirety based on a settlement agreement.
[[Page 12807]]
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation are
or will be 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, Washington, DC 20436,
telephone (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.
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: The Commission instituted this investigation
on April 10, 2019, based on a complaint filed by DEI Holdings, Inc. and
Directed, LLC, both of Vista, California, and Directed Electronics
Canada Inc. of Lachine, Quebec, Canada (collectively,
``Complainants''). 84 FR 14395-96 (Apr. 10, 2019). The complaint
alleged violations of section 337 of the Tariff Act of 1930, as amended
(19 U.S.C. 1337), in the importation into the United States, the sale
for importation, or the sale within the United States after importation
of certain vehicle security and remote convenience systems and
components thereof, by reason of infringement of certain claims of U.S.
Patent Nos. 7,191,053 (``the '053 patent''); 7,483,783 (``the '783
patent''); 7,646,285; 7,898,386; and 8,378,800. Id. at 14396. The
complaint further alleged that a domestic industry exists. Id. The
notice of investigation named as respondents Automotive Data Solutions
Inc. of Montreal, Quebec, Canada; Firstech, LLC of Kent, Washington
(collectively, ``Respondents''); and AAMP of Florida, Inc. (``AAMP'')
of Clearwater, Florida. Id. The Office of Unfair Import Investigations
was not named as a party. Respondent AAMP was later terminated from the
investigation based on a settlement agreement. Order No. 7 (Oct. 3,
2019), as amended by Corrected Order No. 7 (Oct. 4, 2019), not reviewed
by Comm'n Notice (Oct. 22, 2019).
On December 10, 2019, Respondents filed (1) a motion for partial
termination of the investigation based on Complainants' lack of
standing to assert the '053 and '783 patents; and (2) a motion to
strike the ``Belated Production of the 2006 Astroflex Asset Purchase
Agreement and Supplemental Responses to Respondents' Interrogatory No.
23.'' On December 23, 2019, Complainants filed oppositions to
Respondents' motions. On December 30, 2019, Respondents filed replies
in support of their motions.
On January 9, 2020, the ALJ issued an ID (Order No. 18) addressing
both of Respondents' motions. That ID (1) granted Respondents' motion
for partial termination as to the '053 and '783 patents for lack of
standing, ID at 2, 10-11; and (2) denied as moot Respondents' motion to
strike ``in light of the decision herein to terminate the investigation
with respect to the '053 and '783 patents,'' id. at 3 n.2.
On January 15, 2020, Complainants filed a motion for
reconsideration of the ID (Order No. 18) under Ground Rule 3.12. On
January 17, 2020, Complainants also filed a petition for review of the
ID, requesting that the Commission remand for a hearing on the '053 and
'783 patents. Pet. at 4.
On January 24, 2020, the parties filed a joint motion to terminate
the investigation in its entirety based on a settlement agreement.
On January 31, 2020, the ALJ issued the subject ID (Order No. 20)
granting the joint motion and terminating the investigation in its
entirety. The ID found that the motion complies with Commission Rules,
and that ``[t]here is no evidence of any . . . adverse effects [on the
public interest].'' ID at 2 (citations omitted). No petitions for
review of the subject ID were filed.
On February 10, 2020, the Commission decided to extend until March
3, 2020, the date for determining whether to review the ALJ's earlier
ID (Order No. 18) that terminates the investigation in part based on
Complainants' lack of standing to assert certain patents. See Comm'n
Notice (Feb. 10, 2020).
The Commission has determined not to review the subject ID. The
Commission has also determined that Order No. 18 is moot. The
investigation is hereby terminated.
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: February 28, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-04442 Filed 3-3-20; 8:45 am]
BILLING CODE 7020-02-P