In the Matter of
`
`CERTAIN WATER FILTERS AND
`COMPONENTS THEREOF
`
`337-TA-1126
`
`Publication 5082
`June 2020
`U.S. International Trade Commission
`
`Washington, DC 20436
`
`

`

`U.S. International Trade Commission
`
`COMMISSIONERS
`
`David S. Johanson, Chairman
`Rhonda K. Schmidtlein, Commissioner
`Jason E. Kearns, Commissioner
`Randolph J. Stayin, Commissioner
`Amy A. Karpel, Commissioner
`
`Address all communications to
`Secretary to the Commission
`United States International Trade Commission
`Washington, DC 20436
`
`

`

`U.S. International Trade Commission
`
`Washington, DC 20436
`www.usitc.gov
`
`In the Matter of
`
`CERTAIN WATER FILTERS AND
`COMPONENTS THEREOF
`
`337-TA-1126
`
`Publication 5082
`
`June 2020
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`-
`Washington, D.C.
`
`In the Matter of
`'
`CERTAIN WATER FILTERS AND
`COMPONENTS THEREOF
`
`Investigation No. 337-TA-1126
`
`'
`
`ISSUANCE OF A GENERAL EXCLUSION ORDER AND CEASE AND DESIST
`ORDERS; TERMINATION OF THE INVESTIGATION
`
`AGENCY:
`
`U.S. International Trade Commission.
`
`.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a
`general exclusion order (“GEO”) denying entry of certain water filters and components thereof
`as well as two cease and desist orders (“CDOs”). The investigation is terminated.
`
`FOR FURTHER INFORIVIATION CONTACT: Lynde Herzbach, Office of the General
`Counsel, U.S. Intemational Trade Commission, 500 E Street SW, Washington, DC 20436,
`telephone (202) 205-3228. 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 Intemet server at httgs://www.usitc. gov. The
`public record for this investigation may be viewed on the Commission’s electronic docket
`(EDIS) at httgss//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 .
`August 1, 2018, based on a complaint, as amended, filed on behalf of Electrolux Home Products,
`Inc. of Charlotte, North Carolina, and KX Technologies, LLC of West Haven, Comiecticut
`(collectively, “Complainants”).
`83 Fed. Reg. 37514 (Aug. 1, 2018). The complaint alleges
`violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”)
`based on the importation into the United States, the sale for importation, and the sale within the
`United States afler importation of certain water filters and components thereof by reason of
`infringement of certain claims of U.S. Patent Nos. 8,673,146 (“the ’146 patent”), 8,137,551
`(“the ’551 patent”), 9,233,322 (“the ’322 patent”), and 9,901,852 (“the ’852 patent”).
`Id. The
`Commission’s notice of investigation names eight respondents.
`Id. The Office of Unfair
`Import Investigations (“OUII”) is also a party to the investigation.
`
`

`

`On October 3, 2018, the ALJ issued an initial determination finding certain.respondents
`in default, specifically, Shenzen Calux Purification Technology Co., Limited (“Calux”); JiangSu
`Angkua Environmental Technical Co., Ltd. (“Angkua Environmental”); and Shenzhen Dakon
`Purification Tech Co., Ltd. (collectively, “the Defaulting Respondents”). See Order No. 9 (Oct.
`3, 2018), not reviewed, Notice (Oct. 25, 2018). The remaining respondents, specifically,
`Ningbo Pureza Limited; HongKong Ecoaqua Co., Limited; Ecolife Technologies, Inc.; Ecopure
`Filter Co., Ltd.; and Crystala Filters LLC, were terminated from the investigation due to
`settlement. See Order Nos. 14, 15, 16, not reviewed, Notice (April 1, 2019).
`
`On February 12, 2019, Complainants filed a motion for summary detennination of
`violation of section 337 by the Defaulting Respondents. Complainants requested a general
`exclusion order (“GEO”) and cease and desist orders (“CDOs”) against all three Defaulting
`Respondents. On March 8, 2019, OUII filed a response supporting a finding of a violation as
`well as the requested remedies of a GEO and CDOs for two of the Defaulting Respondents
`(Calux and Angkua Enviromnental).
`.
`
`The ALJ issued the subject ID on July 11, 2019, granting the motion for summary
`determination and finding a violation of section 337 by the Defaulting Respondents.
`_
`Specifically, the ID found that Complainants established infringement of claims 1-3, 6, 7, and 15
`of the ’146 patent,‘claim 49 of the ’551 patent, claims 1-3, 7-9, and 12-15 of the ’322 patent, and
`claims l, 4-6, 9-11, 14-18, and 21-31 of the ’852 patent with respect to each Defaulting
`1
`Respondents’ accused product(s) by substantial, reliable, and probative evidence. The ALJ
`recommended that the Commission issue a GEO and CDOs against Calux and Angkua
`Enviromnental. The ALJ also recommended setting a bond during Presidential review in the
`amount of 100 percent.
`Id. No party petitioned for review of the subject ID.
`
`On August 28, 2019, the Commission issued a Notice stating that the Commission
`determined to review the ID in part and, on review, to correct an error in a citation and a typo.
`84 Fed. Reg. 45170 (Aug. 28, 2019). The Commission’s determination resulted in finding a
`violation of section 337.
`Id. The Notice also requested Written submissions on remedy, the
`public interest, and bonding. See id.
`_
`.
`
`On September 6, 2019, Complainants submitted a brief on remedy, the public interest,
`and bonding, requesting that the Commission issue a GEO, issue CDOs against two of the three
`Defaulting Respondents, and set a bond of 100 percent during the Presidential review period.
`On the same day, OUII also submitted a brief on remedy, the public interest, and bonding,
`supporting the ALJ’s recommended GEO, CDOs against two of the Defaulting Respondents, and
`bond in the amount of 100 percent. On September 13, 2019, OUII submitted a reply to ­
`Complainants’ opening brief. No other submissions were filed in response to the Notice.
`
`'
`The Commission finds that the statutory requirements for relief under section 337(d)(2)'
`are met with respect to the Defaulting Respondents. See 19 U.S.C. l337(d)(2).
`In addition, the
`
`2
`
`.
`
`

`

`Commission finds that the public interest factors enmnerated in section 337(d)(l) do not
`preclude issuance of statutory relief. ' See id. at 1337(d)(l).
`
`The Commission has detennined that the appropriate remedy in this investigation is:
`(1) a GEO prohibiting the unlicensed entry of certain water filters and components thereof that
`infringe one or more of claims 1—3,6, and 7 of the ’146 patent; claim 49 of the ’55l patent;
`1
`claims l-3, 7-9, and 12-15 of the l’322patent; and claims 14-18 and 21-31 of the ’852 patent;
`and (2) CDOs against Angkua Envirornnental and Calux. The Commission has also determined
`that the bond during the period of Presidential review pursuant to 19 U.S.C. l337(j) shall be in
`the amount of 100 percent of the entered value of the imported articles that are subject to the ‘
`GEO and CDOs. The Commission’s orders were delivered to the President and to the United
`States Trade Representative on the day of its issuance. The investigation is tenninated.
`
`The authority for the Commission’s determination is contained in section 337 of the
`TariffAct of 1930, as amended, 19 U.S.C. 1337, and in Part 210 ofthe Commission’s Rules of
`Practice and Procedure, 19 CFR part 210.
`'
`,
`
`By order of the Commission. flw
`
`V
`
`Lisa R. Barton
`Secretary to the Commission
`
`Issued: November 12, 2019
`
`1
`
`3
`
`

`

`CERTAIN WATER FILTERS AND COMPONENTS
`THEREOF
`
`Inv. No. -337-TA-1126
`
`r
`
`PUBLIC CERTIFICATE OF SERVICE
`
`,
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Attorney, Claire Comfort, Esq., and the following parties as
`indicated, on November 12, 2019.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainant Electrolux Home Products. lnc.:
`
`i
`
`Andrew F. Pratt, Esq.
`VENEABLE I-‘LP
`600 Massachusetts Ave NW
`Washington, D.C. 20001
`
`i
`
`U Via Hand Delivery
`X Via Express Delivery
`U Via Fkst Class Mail
`U Other:
`
`On Behalf of Complainant KX Technologies,LLC:
`
`R0b6I'I Cl11‘Ci0,ESq.
`DELIO, PETERSON & CURCIO LLC
`700 State Street, Suite 402
`New Haven, CT 06511
`
`i
`
`[II Via Hand Delivery
`Via Express Delivery
`' U Via first Class Mail
`D Other:
`
`

`

`' UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`‘
`
`In the Matter of
`
`CERTAIN WATER FILTERS AND _
`COMPONENTS THEREOF
`
`Investigation No. 337-TA-1126
`
`.
`
`GENERAL EXCLUSION ORDER
`
`The United States Intemational Trade Commission (“Commission”) has detennined that
`
`there is a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337
`
`(“section 337”), in the unlawful importation, sale for importation, or sale within the United
`
`States after importation of certain water filter cartridges for refrigerators, including Waterfilter
`
`cartridge assemblies and interconnection subassemblies, that infringe one or more of claims 1-3,
`
`6, and 7 ofU.S. Patent No. 8,673,146 (“the ’l46 patent”); claim 49 of U.S. Patent No. 8,137,551
`
`(“the ’551 patent”); claims 1-3, 7-9, and 12~15 of U.S. Patent No. 9,233,322 (“the
`
`’322 patent”); and claims 14—18and 21-31 ofU.S. Patent No. 9,901,852 (“the ’852 patent”).
`
`_
`
`Having reviewed the record in this investigation, including the written submissions of
`
`the parties, the Commission has made its determination on the issues of remedy, the public
`
`interest, and bonding. The Commission has determined that a general exclusion from entry
`
`for consumption is necessary to prevent circumvention of an exclusion order limited to ,
`
`products of named persons and because there is a pattern of violation of section 337 and it is
`
`difficult to identify the source of the infringing products. Accordingly, the Commission has
`
`determined to issue a general exclusion order prohibiting the unlicensed importation of
`
`1
`
`

`

`infringing water filter cartridges for refrigerators, including water filter cartridgeassemblies
`
`and interconnection subassemblies.
`
`The Commission has also determined that the public interest factors enumerated in
`
`19 U.S.C. § 1337(d) do not preclude the issuance of the general exclusion order, and that the
`
`bond during the period of Presidential review shall be in the amount of one hundred (100)
`
`percent of the entered ‘valueof the articles in question.
`
`Accordin‘gly,'theCommission hereby ORDERS that:
`
`1.
`
`Water filter cartridges for refrigerators, including water filter cartridge
`
`assemblies and interconnection subassemblies, that infringe one or more of
`
`claims 1-3, 6, and 7 of the ’146 patent; claim 49 of the ’55l patent; claims 1­
`
`3, 7—9,and 12-15 ofthe "322 patent; and claims 14-18 and 21-31 ofthe
`
`’852 patent (“covered articles”) are excluded from entry for consumption into
`
`the United States, entry for consumption from a foreign trade zone, or ­
`
`withdrawal from a warehouse for consumption, for the remaining term of the
`
`patents, except under license of the patent owner or as provided by law.
`
`2.
`
`Notwithstanding paragraph 1 of this Order, covered articles are entitled to
`
`entry into the United States for consumption, entry for consumption from a
`
`foreign trade zone, or withdrawal from a warehouse for consumption under
`
`bond in the amount of 100 percent (100%) of the entered value of the
`
`'
`
`products, pursuant to subsection (j) of Section 337 (19 U.S.C. § 1337(i)) and
`
`the Presidential Memorandum for the United States Trade Representative of
`
`July 21, 2005 (70 Fed. Reg. 43,251), from the day after this Order is received
`
`by the United States Trade Representative until such time as the United States
`
`2
`
`­
`

`

`Trade Representative notifies the Commission that this Order is approved or
`
`disapproved but, in any event, not later than sixty (60) days after the date of
`
`receipt of this Order. All entries of covered articles made pursuant to this
`
`paragraph are to be reported to U.S. Customs and Border Protection (“CBP”),
`
`in advance of the date of the entry, pursuant to procedures CBP establishes.
`
`At the discretion of CBP and pursuant to the procedures it establishes, persons
`
`seeking to import covered articles that are potentially subject to this Order
`
`may be required to certify that they are familiar with the terms of this Order,
`
`that they have made appropriate inquiry, and thereupon state that, to the best
`
`of their knowledge and belief, the products being imported are not excluded
`
`from entry under paragraph 1 of this Order. At its discretion, CBP may
`
`require persons who have provided the certification described in this
`
`paragraph to furnish such records or analyses to substantiate the certification.
`
`In accordance with 19 U.S.C. § 1337(1),the provisions of this Order shall not
`
`apply to covered articles that are imported by and for the use of the United
`
`States, or imported for, and to be used for, the United States with the
`
`authorization or consent of the Government.
`
`The Commission may modify this Order in accordance with the procedures
`
`described in section 210.76 of the Commission’s Rules of Practice and
`
`Procedure (19
`
`§ 210.76).
`
`The Secretary shall serve copies of this Order upon each party of record in this
`
`investigation and upon CBP.
`
`3
`
`

`

`7.
`
`Notice of this Order shall be published in the Federal Register.
`
`By order of the Commission.
`
`W29
`
`Lisa R. Barton
`Secretary to the Commission
`
`Issued: November 12, 2019
`
`\
`
`

`

`CERTAIN WATER FILTERS AND COMPONENTS
`THEREOF
`V
`
`Inv. No. 337-TA-1126
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached COMMISSION ORDER has been
`served by hand upon the Commission Investigative Attomey, Claire Comfort, Esq., and the
`
`following parties as indicated, on November 12, 2019.?¢?fi
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainant Electrolux Home Products. Inc.:
`
`Andrew F. Pratt, Esq.
`VENEABLE LLP
`600 Massachusetts Ave NW
`Washington, D.C. 20001
`
`On Behalf of Complainant KX Technologies. LLC:
`
`Robelt Curcio, Esq.
`DELIO, PETERSON & CURCIO LLC
`700 State Street, Suite 402
`New Haven, CT 06511
`
`El Via Hand Delivery
`IX]Via Express Delivery
`U Via First Class Man
`E] Other:
`
`El Via Hand Delivery
`E Via Express Delively
`U Via First Class Mail
`U Other:
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`‘Washington, D.C.
`
`In the Matter of
`
`CERTAIN WATER FILTERS AND
`COMPONENTS THEREOF
`
`Investigation No. 337-TA-1126
`g
`’
`
`.
`
`CEASE AND DESIST ORDER
`
`IT IS HEREBY ORDERED THAT Shenzen Calux Purification Technology Co.,
`
`Limited of Guangdong, China cease and desist from conducting any of the following activities in
`
`the United States: importing, selling, offering for sale, marketing, advertising, distributing,
`
`transferring (except for exportation), soliciting United States agents or distributors, and aiding or
`
`abetting other entities in the importation, sale for importation, sale afier importation, transfer
`
`(except for exportation), or distribution of water filter cartridges for refrigerators, including Water
`
`filter cartridge assemblies and interconnection subassemblies, that infringe one or more of claims
`
`1-3, 6, and 7 of U.S. Patent No. 8,673,146 (“the ’146 patent”); claim 49 of U.S. Patent'No._
`
`8,137,551 (“the ’551 patent”); claims 1'-3, 7-9, and 12-15 of U.S. Patent No. 9,233,322 (“the
`
`’322 patent”); and claims 14-18 and 21-31 of U.S; Patent No. 9,901,852 (“the ’852 patent”)
`
`(collectively, “the asserted patents”) in violation of section 337 of the Tariff Act of 1930, as
`
`amended (19 U.S.C; § 1337) (“section 337”).
`
`,
`
`I.
`Definitions
`
`As used in this order:
`
`(A)
`
`“Commission” shall mean the United States International Trade Commission.
`
`1
`
`­
`

`

`(B)
`
`" “Complainants” shall mean Electrolux Home Products, Inc. and KX
`
`Technologies, LLC.
`
`(C)
`
`“Respondent” shall mean Shenzen Calux Purification Teclmology Co., Limited of
`
`Guangdong, China.
`
`,
`
`(D)
`
`“Person” shall mean an individual, or any non-governmental partnership, firm,
`
`association, corporation, or other legal or business entity other than Respondent or
`
`itsmajority-owned or controlled subsidiaries, successors, or assigns.
`
`(E)
`
`“United States” shall mean the fifty States, the District of Columbia, and Puerto
`
`Rico.
`
`(F)
`
`The tenns “import” and “importation” refer to importation for entry for
`
`consumption under the Customs laws of the United States.»
`
`_ (G)
`
`The term “covered products” shall mean water filter cartridges for refrigerators,
`
`including water filter cartridge assemblies and interconnection subassemblies, that
`
`infringe one or more of claims 1-3, 6, and 7 of the ’146 patent; claim‘49 of the
`
`’551 patent; claims 1-3, 7-9, and 12-15 of the ’322 patent; and claims 14—18and
`
`2l—3l of the ’852 patent. Covered products shall not include articles for which a
`
`provision of law orlicense avoids liability for infringement.
`
`II.
`Applicability
`
`A V'
`
`' _ The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
`
`principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled
`
`(whether by stock ownership or otherwise) and majority-owned business entities, successors, and
`
`assigns, and toeach of them, insofar as they are engaging in conduct prohibited by section III,
`
`infia, for, with, or otherwise on behalf of, Respondent.
`
`2
`
`­
`­
`

`

`III.
`Conduct Prohibited
`
`The following conduct of Respondent in the United States is prohibited by this Order.
`
`For the remaining terms of the asserted patents, Respondent shall not:
`
`(A)
`
`(B)
`
`(C)
`
`(D)
`
`(E)
`
`import or sell for importation into the United States covered products;
`
`market, distribute, sell, or otherwise transfer (except for exportation) imported
`
`covered products;
`
`"
`
`advertise imported covered products;
`
`_
`
`solicit U.S. agents or distributors for imported covered products; or
`
`aid or abet other entities in the importation, sale for importation, sale after
`
`importation, transfer, or distribution of covered products.
`
`l
`
`IV.
`Conduct Permitted
`
`Notwithstanding any other provision of this Order, specific conduct otherwise prohibited
`
`by the terms of this Order shall be permitted if:
`
`_
`
`(A)
`
`in‘a written instrument, the owner of the asserted patents licenses or authorizes
`
`such specific conduct; or
`
`(B)
`
`such specific conduct is related to the importation or sale of covered products by
`
`T or for the United States.
`
`V.
`Reporting
`
`_
`
`For purposes of this requirement, the reporting periods shall commence on July 1 of each
`
`year and shall end on the subsequent June 30. The first report required under this section shall‘
`
`cover the period from the date of issuance of this order through June 30, 2020. This reporting
`
`3
`
`

`

`requirement shall continue in force until such time as Respondent has truthfully reported, in two
`
`consecutive timely filed reports, that it has no inventory of covered products in the United States.
`
`g Within thirty (30) days of the last day of the reporting period, Respondent shall report to
`
`the Commission: (a) the quantity in units and the value in dollars of covered products that it has
`
`imported and/or (ii) sold in the United States after importation during the reporting period, and
`
`(b) the quantity in units and value in dollars of reported covered products that remain in
`
`inventory in the United States at the end of the reporting period.
`
`V
`
`When filing written submissions, Respondent must file the original document
`
`electronically on or before the deadlines stated above and submit eight (8) true paper copies to
`
`the Office of the Secretary by noon the nextday pursuant to section 2l0.4(1‘)of the
`
`Commissi0n’s Rules of Practice and Procedure (19 C.F.R. § 2lO.4(t)). Submissions should refer
`
`to the investigation number (“Inv. No. 337-TA-1126”) in a prominent place on the cover pages
`
`and/or the first page. See Handbook for Electronic Filing Procedures,
`
`‘
`
`http://vvww.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
`
`Persons with questions regarding filing should contact the Secretary (202-205-2000). If
`
`Respondent desires to submit a document to the Commission in confidence, it must file the
`
`original and a public version of the original with the Office of the Secretary and must serve a
`
`copy of the confidential version on Complainant’s counsel}
`
`'
`
`Any failure to make the required report or the filing of any false or inacctuate report shall
`
`constitute a violation of this Order, and the submission of a false orinaccurate report may be
`
`referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. § 1001.
`
`1Complainants must file a letter with the Secretary identifying the attorney to receive
`reports and bond information associated with this Order. The designated attomey must be on the
`protective order entered in the investigation.
`
`4
`
`­
`

`

`VI.
`,
`Record-Keeping and Inspection
`
`‘
`
`~
`
`A)
`
`For the purpose of securing compliance with-this Order, Respondent shall retain
`
`any and all records relating to the sale, offer for sale, marketing, or distribution in
`
`the United States of covered products, made and received in the usual and
`
`ordinary course of business, whether in detail or in summary fonn, for a period of
`
`three (3) years from the close of the fiscal year to which they pertain.
`
`(B)
`
`For the purposes of determining or securing compliance with this Order and for
`
`no other purpose, subject to any privilege recognized by the federal courts of the
`
`United States, and upon reasonable written notice by the Commission or its staff,
`
`duly authorized representatives of the Commission shall be pennitted access and
`
`the right to inspect and copy, in Respondent’s principal offices during office
`
`hours, and in the presence of counsel or other representatives if Respondent so
`
`chooses, all books, ledgers, accounts, correspondence, memoranda,_and other
`
`records and documents, in detail and in summary form, that must be retained
`
`under subparagraph VI(A) of this Order.
`
`VII.
`.
`'
`Service of Cease and Desist Order
`
`Respondent is ordered and directed to:
`
`(A)
`
`Serve, within fifteen (15) days after the effective date of this Order, a copy of this
`
`Order upon each of its respective officers, directors, managing agents, agents, and
`
`employees who have any responsibility for the importation, marketing,
`
`distribution, or sale of imported covered products in the United States;
`
`(B)
`
`Serve, within fifteen (15) days after the succession of any persons referred to in
`
`5
`
`

`

`subparagraph VII(A) of this order, a copy of the Order upon each successor; and
`
`(C) Maintain such records as will show the name, title, and address of each person
`
`upon whom the Order has been served, as described in subparagraphs VII(A) and
`
`VII(B) of this order, together with the date on which service was made.
`
`The obligations set forth in subparagraphs VIl(B) and VII(C) shall remain in effect Lmtil
`
`the expiration of the asserted patents.
`
`-
`
`'
`
`e
`
`i VIII.
`Confidentiality
`
`_
`
`t
`
`Any request for confidential treatment of information obtained by the Commission
`
`pursuant to Section VI of this order should be made in accordance with section 201.6 of the
`
`Commission’s Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
`
`confidential treatment is sought, Respondent must provide a public version of such report with
`
`confidential infonnation redacted.
`
`'
`
`IX.
`Enforcement
`
`Violation of this order may result in any of the actions specified in section 210.75 of the
`
`Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.75), including an action for
`
`civil penalties under section 337(1),as well as any other action that the Commission deems
`
`appropriate. In determining whether Respondent is in violation of this order, the Commission
`
`may infer facts adverse to Respondent if it fails to provide adequate or timely information.
`
`Modification
`
`The Commission may amend this order on its own motion or in accordance with the
`
`procedure described in section 210.76 of the Commission’s Rules of.Practice and Procedure (19
`
`C.F.R. § 210.76).
`
`'
`
`_
`
`6
`
`.
`
`­
`

`

`.
`
`‘
`
`\XI.
`Bonding
`
`‘
`
`_
`
`‘
`
`'
`
`The conduct prohibited by Section III of this order may be continued during the sixty
`
`(60) day period in which this Order is under review by the United States Trade Representative,
`
`as delegated by the President (70 Fed. Reg. 43,251 (Jul. 21, 2005)), subject to Respondent’s
`
`posting of a bond in the amount of 100 percent (100%) of the entered value of the covered
`
`products. This bond provision does not apply to conduct that is otherwise permitted by Section
`
`IV of this Order. Covered products imported on or after the date of issuance of this Order are
`
`subject to the entry bond as set forth in the exclusion order issued by the Commission, and are
`
`not subject to this bond provision.
`
`The bond is to be posted in accordance with the procedures established by the
`
`Commission for the posting of bonds by complainants in connection with the issuance of
`
`temporary exclusion orders. See 19 C.F.R. § 210.68. The bond and any accompanying
`
`docmnentation are to be provided to and approved by the Commission prior to the
`
`‘
`
`commencement of conduct that is otherwise prohibited by Section III of this Order. Upon the
`
`Secretary’s acceptance of the bond, (a) the Secretary will serve an acceptance letter on all
`
`parties, and (b) Respondent must serve a copy of the bond and accompanying documentation on
`
`Complainants’ counsel?
`
`I
`
`The bond is to be forfeited in the event that the United States Trade Representative
`
`approves this Order (or does not disapprove it within the review period), unless (i) the U.S. Court
`
`of Appeals for the Federal Circuit, in a final judgment, reverses any Commission final
`
`determination and order as to Respondent on appeal, or (ii) Respondent exports or destroys the
`
`products subject to this bond and provides certification to that effect that is satisfactory to the
`
`2See Footnote 1.
`
`7
`
`

`

`Commission.
`
`p
`
`This bond is to be released in the event the United States Trade Representative
`
`disapproves this Order and no subsequent order is issued by the Commission and approved (or
`
`not disapproved) by the United States Trade Representative, upon service on Respondent of an
`
`order issued by the Commission based upon application therefore made by Respondent to the
`
`Commission.
`
`By order of the Commission.
`
`Issued: November 12, 2019
`
`WW
`
`Lisa R. Barton
`Secretary to the Commission
`'
`
`Y
`
`8
`
`­
`­
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`-
`'
`I
`CERTAIN WATER FILTERS AND
`COMPONENTS THEREOF
`
`Investigation No. 337-TA-1126
`
`CEASE AND DESIST ORDER
`
`IT IS HEREBY ORDERED THAT JiangSu Angkua Environmental Technical Co.,
`
`Ltd. of RuGao, China cease and desist from conducting any of the following activities in the
`
`United States: importing, selling, offering for sale, marketing, advertising, distributing,
`
`transferring (except for exportation), soliciting United States agents or distributors, and aiding or
`
`abetting other entities in the importation, sale for importation, sale after importation, transfer
`
`(except for exportation), or distribution of water filter cartridges for refrigerators, including water
`
`filter cartridge assemblies and interconnection subassemblies, that infringe one or more of claims
`
`1-3, 6, and 7 of U.S. Patent No. 8,673,146 (“the ’146 patent”); claim 49 of U.S. Patent No.
`
`8,137,551 (“the ’551 patent”); claims 1-3, 7-9, and 12-15 ofU.S. Patent No. 9,233,322 (“the
`
`’322 patent”); and claims 14-18 and 21-31 of U.S. Patent No. 9,901,852 (“the ’852 patent”) _
`
`(collectively, “the asserted patents”) in violation of section 337 of the Tariff Act of 1930, as
`
`amended (19 U.S.C. § 1337) (“section 337”).
`
`A
`
`’
`
`I.
`Definitions
`
`As used in this order:
`
`(A)
`
`“Commission” shall mean the United States International Trade Commission.
`
`1
`
`­
`

`

`(B)
`
`“Complainants” shall mean Electrolux Home Products, Inc. and KX
`
`Technologies, LLC.
`
`(C)
`
`“Respondent” shall mean JiangSu Angkua Enviromnental Technical Co., Ltd. of
`
`RuGao, China.
`
`.
`
`1
`
`(D)
`
`“Person” shall mean an individual, or any non-governmental partnership, firm,
`
`association, corporation, or other legal or business entity other than Respondent or
`
`its majority-owned or controlled subsidiaries, successors, or assigns.
`
`(E)
`
`“United States” shall mean the fifty States, the District of Columbia, and Puerto
`
`Rico.
`
`(F)
`
`The terms “import” and “importation” refer to importation for entry for
`
`consumption under the Customs laws of the United States.
`
`_
`
`(G)
`
`The tenn “covered products” shall mean water filter cartridges for refrigerators,
`
`.
`
`including water filter cartridge assemblies and interconnection subassemblies, that
`
`r infringe one or more of claims 1-3, 6, and 7 of the ’146 patent; claim 49 of the
`
`’551 patent; claims 1-3, 7-9, and 12-15 of the ’322 patent; and claims l4—18and
`
`21-31 of the ’852 patent. Covered products shall not include articles for which a
`
`provision of law or license avoids liability for infringement.
`
`II.
`Applicability
`
`The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
`
`principals, stockholders, offieers, directors, employees, agents, licensees, distributors, controlled
`
`(whether by stock ownership or otherwise) and majority-owned business entities, successors, and
`
`assigns, and to each of them, insofar as they are engaging in conduct prohibited by section III,
`
`infra, for, with, or otherwise on behalf of, Respondent.
`2
`
`­
`

`

`_
`
`III.
`Conduct Prohibited‘
`
`The following conduct of Respondent in the United States is prohibited by this Order.
`
`For the remaining terms of the asserted patents, Respondent shall not:
`
`(A)
`
`(B)
`
`(C)
`
`(D)
`
`(E)
`
`import or sell for importation into the United States covered products;
`
`I
`
`‘
`
`market, distribute, sell, or otherwise transfer (except for exportation) imported
`
`covered products;
`
`advertise imported covered products;
`
`‘
`
`solicit U.S. agents or distributors for imported covered products; or
`
`'
`
`aid or abet other entities in the importation, sale for importation, sale after
`
`importation, transfer, or distribution of covered products.
`
`_
`IV.
`Conduct Permitted
`
`_
`
`Notwithstanding any other provision of this Order, specific conduct otherwise prohibited
`
`by the terms of this Order shall be pennitted if:
`
`(A)
`
`in a written instrtunent, the owner of the asserted patents licenses or authorizes
`
`such specific conduct; or
`
`(B)
`
`such specific conduct is related to the importation or sale of covered products by
`
`or for the United States. ‘
`
`'
`
`.
`
`V.
`Reporting
`
`For purposes of this requirement, the reporting periods shall commence on July ll of each
`
`year and shall end on the subsequent Jtme 30. The first report required under this section shall
`
`cover the period from the date of issuance of this order through Jtme 30, 2020. This reporting
`
`3
`
`­
`

`

`requirement shall continue in force until such time as Respondent has truthfully reported, in two
`
`consecutive timely filed reports, that it has no inventory of covered products in the United States.
`
`Within thirty (30) days of the last day of the reporting period, Respondent shall report to
`
`the Commission: (a) the quantity in units and the value in dollars of covered products that it has
`
`imported and/or (ii) sold in the United States after importation during the reporting period, and
`
`(b) the quantity inlunits and value in dollars of reported covered products that remain in
`
`inventory in the United States at the end of the reporting period.
`
`When filing written submissions, Respondent must file the original document
`
`electronically on or before the deadlines stated above and submit eight (8) -truepaper copies to
`
`the Office of the Secretary by noon the next day pursuant to section 210.4(1) of the
`
`Commission’s Rules of Practice and Procedure (19 C.F.R. § 21O.4(i)). Submissions should refer
`
`to the investigation ntunber (“Inv. No. 337-TA-1126”) in a prominent place on the cover pages
`
`and/or the first page. See Handbook for Electronic Filing Procedures,
`
`http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pd£
`
`Persons with questions regarding filing should contact the Secretary (202-205-2000). If
`
`Respondent desires to submit a document to the Commission in confidence, it must file the
`
`original and a public version of the original with the Office of the Secretary and must serve a "
`
`copy of the confidential version on Complainant’s counsel.‘
`
`_
`
`Any failure to make the required report or the filing of any false or inaccurate report shall
`
`constitute a violati