UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
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`In the Matter of
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`CERTAIN MOVABLE BARRIER
`OPERATOR SYSTEMS AND
`COMPONENTS THEREOF
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`Investigation No. 337-TA-1209
`(Modification)
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`NOTICE OF COMMISSION DECISION TO DENY RESPONDENT’S
`MOTION TO STAY THE REMEDIAL ORDERS PENDING APPEAL
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` U.S. International Trade Commission.
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`Notice.
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`AGENCY:
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`ACTION:
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined to deny respondent’s motion to stay the remedial orders pending appeal.
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`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.
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`SUPPLEMENTARY INFORMATION: On August 10, 2020, 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 Overhead Door Corporation of Lewisville, Texas and GMI
`Holdings Inc. of Mount Hope, Ohio (collectively, “Complainants”). See 85 FR 48264-65 (Aug.
`10, 2020). The complaint, as supplemented, alleged a violation 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 movable barrier operator systems and components thereof by reason
`of infringement of U.S. Patent Nos. 8,970,345 (“the ’345 patent”); 7,173,516 (“the ’516 patent”);
`7,180,260 (“the ’260 patent”); 9,483,935 (“the ’935 patent”); 7,956,718 (“the ’718 patent”); and
`8,410,895 (“the ’895 patent”). See id. The notice of investigation named The Chamberlain
`Group, Inc. (“Respondent”) of Oak Brook, Illinois as the respondent in this investigation. See id.
`The Office of Unfair Import Investigations was not a party to the investigation. See id.
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`On February 10, 2021, the Commission terminated the investigation as to the ’516 patent
`based on the withdrawal of the allegations in the complaint as to that patent. See Order No. 10
`(Jan. 19, 2021), unreviewed by Comm’n Notice (Feb. 10, 2021).
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`On September 14, 2021, the presiding Administrative Law Judge issued a final initial
`determination finding a violation of section 337 with respect to the ’345, ’935, ’260, ’718,
`and ’895 patents.
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`On February 9, 2022, the Commission issued a final determination finding a violation of
`section 337, based on Respondent’s infringement of the asserted claims of the ’935 patent,
`the ’718 patent, and the ’895 patent, but not the ’345 and ’260 patents. See 87 FR 8605-06 (Feb.
`15, 2022). The Commission further determined to: (1) issue a limited exclusion order against
`Respondent’s infringing products and a cease and desist order against the Respondent
`(collectively, “the remedial orders”) and (2) set a bond during the period of Presidential review
`in the amount of one hundred (100) percent of the entered value of the infringing articles. See id.
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`On March 30, 2022, the Commission issued modified remedial orders to clarify and
`confirm that the definition of covered products or articles in the remedial orders includes garage
`door openers, gate operators, and commercial operators.
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`On April 12, 2022, Respondent filed a notice of appeal from the Commission’s final
`determination and modification determination with the U.S. Court of Appeals for the Federal
`Circuit (Appeal No. 22-1664). On the same day, Respondent filed with the Commission a
`motion to stay the modified remedial orders pending appeal. On April 20, 2022, Complainants
`filed a response opposing the motion to stay. On April 22, 2022, Respondent filed a motion for
`leave to file a reply in support of its motion to stay. On April 25, 2022, Complainants filed an
`opposition to the motion for leave. The Commission has determined to deny Respondent’s
`motion for leave to file a reply.
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`For the reasons discussed in the Commission opinion issued concurrently herewith, the
`Commission has determined to deny Respondent’s motion to stay the modified remedial orders
`pending appeal. An Order denying the motion is also issued herewith.
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`The Commission’s vote on this determination took place on May 13, 2022.
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`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.
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`Issued: May 13, 2022
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`Lisa R. Barton
`Secretary to the Commission
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`CERTAIN MOVABLE BARRIER
`OPERATOR SYSTEMS AND
`COMPONENTS THEREOF
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`Inv. No. 337-TA-1209
`(Modification)
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served to the
`following parties as indicated, on May 13, 2022.
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`On Behalf of Complainants Overhead Door Corporation and
`GMI Holdings Inc:
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`Bert C. Reiser, Esq.
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW, Suite 1000
`Washington, DC 20004
`Email: Bert.Reiser@lw.com
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`On Behalf of Respondent The Chamberlain Group, Inc.:
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`Eimeric Reig-Plessis, Esq.
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`Email: EReigPlessis@winston.com
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
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