AUTHENTICATED
`US. GOVERNMENT,
`INFORMATION,
`GPO,
`
`11473
`Federal Register/Vol. 88, No. 36/ Thursday, February 23, 2023/Notices
`
`Boundary, City, Vicinity, Reference
`Number.
`
`ARIZONA
`
`Yavapai County
`Schuerman Homestead House, 120 Loy Ln.,
`Sedonavicinity, SG100008708
`CALIFORNIA
`
`Calaveras County
`Chinatown Gardens Archaeological District,
`(Asian Americans and Pacific Islanders in
`California, 1850-1970 MPS), 8435 East
`Center St., Mokelumne Hill, MP100008712
`
`Orange County
`Fullerton College Historic District, 321 East
`Chapman Ave., Fullerton, SG100008709
`New Lynn Theater, 154-162 South Coast
`Hwy., Laguna Beach, SG100008710
`COLORADO
`
`Chaffee County
`Chaffee County Courthouse andJail
`Buildings (Boundary Increase), 506 and
`516 East Main St.; 113 and 205 North Court
`St., Buena Vista, BC100008735
`
`Elbert County
`First National Bank of Elizabeth, 188 South
`MainSt., Elizabeth, SG100008713
`
`Lake County
`Golden Burro Cafe and Lounge, 710 Harrison
`Ave., Leadville, SG100008732
`
`Pueblo County
`St. Paul African Methodist Episcopal (AME)
`Church, 613 West Mesa Ave., Pueblo,
`SG100008733
`
`Teller County
`Crystola Bridge, (Highway Bridges in
`Colorado MPS), .06 mi. north of Crystola
`on Teller Cty. Rd. 21, Crystola vicinity,
`MP100008724
`
`MICHIGAN
`
`Berrien County
`Clark Equipment Company Administrative
`Complex, 301-324 East Dewey St. and
`204—302 North Red BudTrail, Buchanan,
`$G100008725
`
`MISSOURI
`
`Lafayette County
`Douglass School, 215 West 16th St.,
`Higginsville, SG100008715
`MONTANA
`
`Powell County
`Hillcrest Cemetery, West Milwaukee Ave.,
`approx. .1 mi. west of Deer Lodge, Deer
`Lodgevicinity, SG100008723
`NEW JERSEY
`
`Mercer County
`NewJersey Division of Motor Vehicles
`Building, 25 South Montgomery St.,
`Trenton, SG100008729
`
`Passaic County
`Garritse-Doremus-Westervelt House, Park Dr.,
`Clifton City, SG100008730
`NEW YORK
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337-TA-1277]
`
`Onondaga County
`Amphion Piano Player Factory, (Industrial
`Resourcesin the City of Syracuse,
`Onondaga County, NY MPS), 689 North
`Clinton and 156 Solar Sts., Syracuse,
`MP100008717
`St. Paul’s Methodist Episcopal Church and
`Parsonage, 300-306 West Seneca Tpk.,
`Syracuse, SG100008718
`OHIO
`
`Butler County
`Oakland Residential Historic District,
`Boundedby 1st’ Curtis, Woodlawn,
`Parkview, and Calumet Aves., Grove,
`Garfield, and RichmondSts., Middletown,
`SG100008736
`
`VIRGINIA
`
`Petersburg Independent City
`Walnut Hill Historic District, Roughly
`boundedby Johnson Rd., North, East, and
`South Blvds., Mount Vernon, Fleur de
`Hundred, and East TuckahoeSts.,
`Petersburg, SG100008702
`An ownerobjection has been received for
`the following resource:
`NORTH DAKOTA
`
`Grand Forks County
`DeRocheBlock, 624 5th Ave. North Apt 1-8
`(formerly 612-626 and 624 Dakota Ave.),
`Grand Forks, SG100008731
`A request to move has been received for
`the following resource:
`WISCONSIN
`
`Fond Du Lac County
`Little White Schoolhouse, 1074 West Fond
`du Lac St., Ripon, MV73000079
`Additional documentation has been
`received for the following resources:
`COLORADO
`
`Chaffee County
`Chaffee County Courthouse andJail
`Buildings (Additional Documentation), 506
`and 516 East Main St.; 113 and 205 North
`Court St., Buena Vista, AD79000575
`UTAH
`
`Sanpete County
`Neilson, N. S., House (Additional
`Documentation), 179 West Main St., Mt.
`Pleasant, AD82004160
`
`Authority: Section 60.13 of 36 CFR
`part 60.
`Dated: February 8, 2023.
`Sherry A.Frear,
`Chief, National Register ofHistoric Places/
`National Historic Landmarks Program.
`[FR Doc. 2023-03701 Filed 2-22-23; 8:45 am]
`BILLING CODE 4312-52-P
`
`Certain Smart Thermostats, Load
`Control Switches, and Components
`Thereof; Notice of a Commission
`Determination To Review in Part a
`FinalInitial Determination Finding No
`Violation of Section 337, and on
`Review, To Affirm With Certain
`Modifications; Termination of the
`Investigation
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY:Notice is hereby given that
`the U.S. International Trade
`Commission (“(Commission’’) has
`determined to review in part a final
`initial determination (“ID’’) of the
`presiding administrative law judge
`(“ALJ”), finding no violation of section
`337, and on review,to affirm with
`certain modifications set forth herein.
`The investigation is terminated.
`FOR FURTHER INFORMATION CONTACT:
`Panyin A. Hughes, Office of the General
`Counsel, U.S. International Trade
`Commission, 500 E Street SW,
`Washington, DC 20436,telephone (202)
`205-3042. 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
`mayalso be obtained by accessingits
`internet server at hitps://www.usitc.gov.
`Hearing-impaired personsare advised
`that information on this matter can be
`obtained by contacting the
`Commission’s TDD terminal, telephone
`(202) 205-1810.
`SUPPLEMENTARYINFORMATION: On
`September2, 2021, the Commission
`instituted this investigation based on a
`complaint filed by Causam Enterprises,
`Inc. (““Causam”) of Raleigh, North
`Carolina. 86 FR 49345—46 (Sept. 2,
`2021). The complaint alleged violations
`of section 337 based on the importation
`into the United States, the sale for
`importation, or the sale within the
`United States after importation of
`certain smart thermostats, load control
`switches, and components thereof by
`reason of infringementof one or more of
`claims 1-9, 16, 19-21, 23-28, and 30 of
`U.S. Patent No. 8,805,552 (“‘the ’552
`patent”); claims 1-8, 10, 13-17, 19-23,
`and 25-29 of U.S. Patent No. 9,678,522
`(“the ’522 patent’’); claims 1-11, 13-16,
`18, and 19 of U.S. Patent No. 10,394,268
`
`

`

`11474
`Federal Register/Vol. 88, No. 36/ Thursday, February 23, 2023/ Notices
`
`(“the ’268 patent’’); and claims1, 2, 8,
`9, 11, 13, 14, and 17 of U.S. Patent No.
`10,396,592 (‘the ’592 patent”’)
`(collectively, ““Asserted Patents”). Id.
`The Commission’s notice of
`investigation named the following nine
`entities as respondents: Alarm.com
`Holdings, Inc. of Tysons, Virginia;
`Alarm.com Inc. of Tysons, Virginia;
`Ecobee, Inc. of Toronto, Ontario,
`Canada; EnergyHub,Inc. of Brooklyn,
`New York;Itron,Inc. of Liberty Lake,
`Washington; Itron Distributed Energy
`Management,Inc. of Liberty Lake,
`Washington(“‘Itron Distributed”’);
`Resideo Smart Homes Technology
`(Tianjin) of Tianjin, China; Resideo
`Technologies, Inc. of Austin, Texas
`(“‘Resideo Technologies’); and Xylem
`Inc., of Rye Brook, New York (““Xylem”).
`The Office of Unfair Import
`Investigations was not named as a party
`in this investigation. Id.
`On December10, 2021, the ALJ issued
`an ID granting a motion to terminate the
`investigation as to Xylem based upon
`settlement. Order No. 7 (Dec. 10, 2021),
`unreviewed by Comm’n Notice(Jan. 10,
`2022).
`On April 21, 2022, the ALJ issued an
`ID granting a motion (1) to amendthe
`complaint and notice of investigation to
`substitute new respondent AdemcoInc.
`of Melville, New York for respondent
`Resideo Technologies and (2) to
`terminate the investigation as to
`respondentItron Distributed; claim 21
`of the ’552 patent; claims 5, 14, and 17
`of the 522 patent; claims 5, 13, and 16
`of the ’268 patent; and claims 8 and 9
`of the ’592 patent based upon
`withdrawalofthe allegations in the
`complaint. Order No. 12 (Apr. 21, 2022),
`unreviewed by Comm’n Notice (May 17,
`2022).
`The Chief ALJ (“CALJ’’) held an
`evidentiary hearing from June 28-July 1,
`2022 and received post-hearingbriefs
`thereafter (this investigation was
`reassigned from ALJ Shaw to Chief AL]
`Cheney on June 17, 2022).
`On November16, 2022, the CAL]
`issued the final ID finding no violation
`of section 337 as to the asserted patent
`claims. The ID found that by appearing
`and participating in the investigation
`and not contesting jurisdiction, the
`parties have consented to personal
`jurisdiction at the Commission.ID at 17.
`TheID also found that the Commission
`has in rem jurisdiction over the accused
`products. Id. The ID further found that
`the importation requirement under 19
`U.S.C. 1337(a)(1)(B) is satisfied. Id. at 16
`(citing JX-0015C, JX-0016C, JX-0017C,
`JX-0018C(stipulations between the
`parties as to importation)). The ID,
`however, found that Causam failed to
`demonstrate that it has standing to
`
`assert a claim of infringementfor any of
`the Asserted Patents. Id. at 17-26. The
`ID also found that Causam failed to
`prove infringementof the asserted
`claims, and that Respondents failed to
`showthat any ofthe asserted claims are
`invalid. Id. at 40-120, 177-224. Finally,
`the ID found that Causam proved the
`existence of a domestic industrythat
`practices the Asserted Patents as
`required by 19 U.S.C. 1337(a)(2). Id. at
`120-177. The ID included the CAL]’s
`recommended determination on remedy
`and bonding(“RD”). The RD
`recommendedthat, should the
`Commission find a violation, issuance
`of a limited exclusion order and cease
`and desist orders would be appropriate.
`ID/RD at 225-230. The RD also
`recommended imposing a bondin the
`amount of one hundred percent (100%)
`of entered value for covered products
`imported during the period of
`Presidential review.Id. at 230-32.
`
`On November28, 2022, Causam filed
`a petition for review of the ID and
`Respondentsfiled a contingent petition
`for review of the ID. On December6,
`2022, the parties filed responses to the
`petitions.
`Having reviewed the record of the
`investigation, includingthefinal ID, the
`parties’ submissions, the petitions for
`review, and the responsethereto, the
`Commission has determined to review
`the final ID in part. Specifically, the
`Commission has determined to review
`(1) the final ID’s findings as to Causam’s
`standingto assert infringementof the
`asserted patents; (2) the final ID’s
`findings on obviousness; and (3) the
`final ID’s domestic industry findings.
`The Commission, upon review,takes
`no position on (1) whether Causam has
`standing to assert infringementof the
`asserted patents; (2) whether the
`asserted patent claims are invalid for
`obviousness; and (3) whether Causam
`satisfied the technical or economic
`prongsof the domestic industry
`requirement. The Commission adopts
`all findings in the final ID that are not
`inconsistent with the Commission’s
`determination.
`
`Theinvestigation is terminated with a
`finding of no violation of section 337.
`The Commission voteforthis
`determination took place on February 16,
`2023.
`
`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 16, 2023.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2023-03703 Filed 2-22-23; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. TA-201-076 (Evaluation)]
`
`Large Residential Washers: Evaluation
`of the Effectiveness of Import Relief
`AGENCY: United States International
`Trade Commission.
`ACTION: Institution and scheduling of an
`investigation under section 204(d) of the
`Trade Actof 1974.
`
`SUMMARY:Pursuant to section 204(d) of
`the Trade Act of 1974 (‘‘the Act’’), the
`Commission has instituted investigation
`No. TA—201-076, Large Residential
`Washers: Evaluation of the Effectiveness
`of Import Relief, for the purpose of
`evaluating the effectivenessofthe relief
`action imposedby the President on
`imports of large residential washers and
`parts thereof under section 203 of the
`Act, which terminated on February 7,
`2023.
`
`DATES: February 7, 2023.
`FOR FURTHER INFORMATION CONTACT:
`Kristina Lara (202-205-3386), Office of
`Investigations, U.S. International Trade
`Commission, 500 E Street SW,
`Washington, DC 20436. Hearing-
`impaired persons can obtain
`information on this matter by contacting
`the Commission’s TDD terminal on 202-
`205-1810. Persons with mobility
`impairments who will need special
`assistance in gaining accessto the
`Commission should contact the Office
`of the Secretary at 202-205-2000.
`General information concerning the
`Commission mayalso be obtained by
`accessing its internet server (hitps://
`www.usitc.gov). The public record for
`this investigation may be viewed on the
`Commission’s electronic docket (EDIS)
`at https://edis.usitc.gov.
`SUPPLEMENTARYINFORMATION:
`Background.—OnJanuary 23, 2018,
`the President, pursuantto section 203 of
`the Act (19 U.S.C. 2253), issued
`Proclamation 9694, imposing a
`safeguard measure on imports of certain
`large residential washers and parts
`thereofin the form oftariff-rate quotas.
`The proclamation was published in the
`Federal Register on January 25, 2018
`(83 FR 3553). The measure tookeffect
`on February 7, 2018, for a period of
`three years and one day,or through
`February 7, 2021, as modified by
`Proclamation 9887 of May 16, 2019 (84
`
`