UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN ELECTRICAL
`
`CONNECTORS, COMPONENTS
`
`THEREOF, AND PRODUCTS
`CONTAINING THE SAME
`
`
`
`Investigation No. 337-TA-1043
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`NOTICE OF COMMISSION DETERMINATION TO REVIEW A FINAL
`
`INITIAL DETERMINATION FINDING A VIOLATION OF SECTION 337; REQUEST
`FOR WRITTEN SUBMISSIONS ON THE ISSUES UNDER REVIEW AND ON
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`REMEDY, BONDING, AND THE PUBLIC INTEREST; AND EXTENSION OF THE
`TARGE DATE
`
`AGENCY: US. International Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the US. International Trade Commission (“the
`Commission”) has determined to review a final initial determination (“ID”) of the presiding
`administrative law judge (“ALJ”) finding a Violation of section 337. The Commission is
`requesting written submissions from the parties on the issues under review and is requesting
`written submissions on remedy, bonding, and the public interest. The Commission has also
`determined to extend the target date for completion of the investigation to August 22, 2019.
`
`FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General
`Counsel, US. International Trade Commission, 500 E Street, SW., Washington, D.C. 20436,
`telephone (202) 708—2310. Copies of non-confidential documents filed in connection with this
`investigation are or will be available for inspection during official business hours (8:45 am. to
`. 5:15 pm.) in the Office of the Secretary, US. International Trade Commission, 500 E Street,
`SW., Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the
`Commission may also, be obtained by accessing its Internet server at htt'gs://www. usitc. gov. The
`public record for this investigation may be Viewed on the Commission’s electronic docket
`(EDIS) at httgs://edz's.usitc. gov. Hearing-impaired persons are advised that information on this
`matter can be obtained by contacting the Commission’s TDD terminal on (202) 205-1 810.
`
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`March 14, 2017, based on a complaint filed by J.S.T. Corporation (“JST”) of Farmington Hills,
`Michigan.
`82 FR 13654-55. The complaint, as supplemented, alleges Violations of section 337
`of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the importation and sale of
`certain electrical connectors, components thereof, and products containing the same by reason of
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`

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`infringement of claims 2, 4, and 9—10 of US. Patent No. 7,004,766 (“the ’766 patent”). The
`complaint further alleges the existence of a domestic industry. The Commission’s notice of
`investigation named the following respondents: Robert Bosch GmbH of Baden—Wuertemberg,
`Germany; Bosch Automotive Products (Suzhou) Co., Ltd. of Jiangsu, China; and Hon Hai
`Precision Industry Co., Ltd. of New Tapei City, Taiwan (collectively, “the non—importing
`respondents”); Robert Bosch LLC of Broadview, Illinois; Robert Bosch, Sistemas Automatrices,
`SA. de CV. of Chihuahua, Mexico; Foxconn Interconnect Technology, Ltd. of New Tapei City,
`Taiwan (collectively, “the remaining respondents”); and Robert Bosch, Ltda. (“Bosch Brazil”) of
`Sao Paulo, Brazil. The Office of Unfair Import Investigations is not participating in the
`investigation. Bosch Brazil has been terminated from the investigation. See Order No. 68
`(November 8, 2018), unreviewed by Comm’n Notice (December 3, 2018). Two IDs granting
`respondents’ motions for summary determination of invalidity of one or more asserted claims of
`the ’766 patent due to indefiniteness have been reversed by the Commission. See Order No. 24
`(October 16, 2017), reversed by Comm’n Notice (March 26, 2018); Order No. 30 (May 18,
`2018), reversed by Comm’n Notice (July 24, 2018).
`
`On April 12, 2019, the ALJ issued his final ID finding a violation of section 337. The
`ID finds that the non-importing respondents do not satisfy the importation requirement of section
`337(a)(1)(B). The ID further finds that the remaining respondents’ accused products infringe
`asserted claims 2, 4, and 9-10 of the ”766 patent. The ID also finds that the asserted claims are
`not invalid under 35 U.S.C. §§ 102, 103.
`In addition, the ID finds that JST satisfied both prongs
`of the domestic industry requirement with respect to the ’766 patent.
`In the same document, the
`ALJ recommended that if the Commission finds a violation, it should issue a limited exclusion
`order directed to respondents’ infringing products and no cease and desist orders.
`
`On April 29, 2019, respondents petitioned, and JST contingently petitioned, for review of
`the final ID. On May 7, 2019, JST and respondents each filed a response in opposition to the
`other party’s petition for review.
`
`Having reviewed the record of the investigation, including the parties’ briefing, the
`Commission has determined to review the subject ID in its entirety. Accordingly, the
`Commission is interested in responses to the following questions:
`
`(A) Do the claim language, specification, and prosecution history limit the claim
`limitation “the first holes are provided in end regions of the tine plate proximate
`to two opposite ends of the tine plate in the longitudinal direction” recited in
`claim 2 to require that first holes be disposed closest to the edge of the two
`opposite ends of the tine plate in the longitudinal direction? And what is your
`proposed claim construction for this limitation?
`
`(B) How does your construction apply to infringement, the technical prong of
`the domestic industry requirement, and invalidity?
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`

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`The parties are requested to brief only the discrete questions presented above, with reference to
`the applicable law and record. The parties are not to brief any other issues on review, which have
`already been adequately presented in the parties’ previous filings. Also, the Commission has
`extended the target date for completion of the investigation to August 22, 2019.
`
`In addition, in connection with the final disposition of this investigation, the
`Commission is interested in receiving written submissions that address the form of remedy, if
`any, that should be ordered.
`If a party seeks exclusion of an article from entry into the United
`States for purposes other than entry for consumption, the party should so indicate and provide
`information establishing that activities involving other types of entry either are adversely
`affecting it or likely to do so. For background, see Certain Devicesfor Connecting Computers
`via Telephone Lines, Inv. No. 337—TA-360, USITC Pub. No. 2843, Comm’n Op. at 7-10
`(December 1994).
`
`If the Commission contemplates some form of remedy, it must consider the effects of that
`remedy upon the public interest. The factors the Commission will consider include the effect
`that an exclusion order and/or cease and desist orders would have on (1) the public health and
`welfare, (2) competitive conditions in the US. economy, (3) US. production of articles that are
`like or directly competitive with those that are subject to investigation, and (4) US. consumers.
`The Commission is therefore interested in receiving written submissions that address the
`aforementioned public interest factors in the context of this investigation.
`
`If the Commission orders some form of remedy, the US. Trade Representative, as
`delegated by the President, has 60 days to approve or disapprove the Commission’s action. See
`Presidential Memorandum of July 21, 2005, 70 Fed. Reg. 43251 (July 26, 2005). During this
`period, the subject articles would be entitled to enter the United States under bond, in an amount
`determined by the Commission and prescribed by the Secretary of the Treasury. The
`Commission is therefore interested in receiving submissions concerning the amount of the bond
`that should be imposed if a remedy is ordered.
`
`WRITTEN SUBMISSIONS: Parties to the investigation are required to file initial
`submissions regarding the issues under review by no later than July 8, 2019. Response
`submissions are due by July 15, 2019. The parties should limit their initial and response
`submissions to 25 pages each. Also, parties to the investigation, interested government
`agencies, and any other interested parties are encouraged to file written submissions on the issues
`of remedy, the public interest, and bonding. Such submissions should address the recommended
`determination by the ALJ on remedy and bonding.
`
`.
`
`Complainant is also requested to submit proposed remedial orders for the Commission’s
`consideration. Complainant is also requested to state the date that the asserted patents expire,
`the HTSUS numbers under which the accused products are imported, and to supply the names of
`known importers of the products at issue in this investigation. The written submissions
`regarding remedy, bonding, and the public interest and proposed remedial orders must be filed
`no later than close of business on July 8, 2019. Reply submissions must be filed no later than
`
`3
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`

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`the close of business on July 15, 2019. No further submissions on these issues will be permitted
`unless otherwise ordered by the Commission.
`
`Persons filing written submissions must file the original document electronically on or
`before the deadlines stated above and submit eight true paper copies to the Office of the
`Secretary pursuant to Section 210.4(f) of the Commission’s Rules of Practice and Procedure (19
`CFR 210.4(f)). Submissions should refer to the investigation number (“Inv. No. 337-TA—1043”)
`in a prominent place on the cover page and/or the first page.
`(See Handbook on Filing
`Procedures, httgs://www. usitc. gov/d0cumentS/handbookgon filling procedurespdt). Persons
`with questions regarding filing should contact the Secretary at (202) 205—2000.
`
`Any person desiring to submit a document to the Commission in confidence must request
`confidential treatment unless the information has already been granted such treatment during the
`proceedings. All such requests should be directed to the Secretary of the Commission and must
`include a full statement of the reasons why the Commission should grant such treatment. See 19
`CFR 210.6. Documents for which confidential treatment by the Commission is sought will be
`treated accordingly. A redacted non-confidential version of the document must also be filed
`simultaneously with any confidential filing. All information, including confidential business
`information and documents for which confidential treatment is properly sought, submitted to the
`Commission for purposes of this Investigation may be disclosed to and used:
`(i) by the
`Commission, its employees and Offices, and contract personnel (a) for developing or
`maintaining the records of this or a related proceeding, or (b) in internal investigations, audits,
`reviews, and evaluations relating to the programs, personnel, and operations of the Commission
`including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract
`personnel‘, solely for cybersecurity purposes. All non-confidential written submissions will be
`available for public inspection at the Office of the Secretary and on EDIS.
`
`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:
`
`June 24, 2019
`
`Lisa R. Barton
`
`Secretary to the Commission
`
`1 A11 contract personnel will sign appropriate nondisclosure agreements.
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`4
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`

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`CERTAIN ELECTRICAL CONNECTORS, COMPONENTS
`THEREOF, AND PRODUCTS CONTAINING THE SAME
`
`Inv. No. 337—TA—1043
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served upon the following
`parties as indicated, on June 24, 2019.
`
`Lisa R. Barton, Secretary
`US. International Trade Commission
`
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Comglainants J.S.T. Corgoration:
`
`Timothy K. Sendek, Esq.
`AKERMAN LLP
`71 S. Wacker Drive, 47th Floor
`Chicago, IL 60606
`
`CI Via Hand Delivery
`|:| Via Express Delivery
`Via First Class Mail
`[:1 Other'
`
`On Behalf of Respondents Robert Bosch GmbH, Bosch
`Automotive Products gSuzhou! Co., Ltd., Robert Bosch LLCa
`Robert Bosch, Sistemas Automotrices2 SA. de C.V., Hon Hai
`Precision Industry Co., Ltd., and Foxconn Interconnect
`Technology, Ltd.:
`
`Bas de Blank, Esq.
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025
`
`El Via Hand Delivery
`|:| Via Express Delivery
`Via First Class Mail
`El Other:
`
`