AUTHENTICATED
`US, GOVERNMENT
`INFORMATION
`GPa,
`
`52207
`Federal Register/Vol. 88, No. 150/Monday, August 7, 2023 / Notices
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337-TA—1368]
`
`Certain Vaporizer Devices, Cartridges
`Used Therewith, and Components
`Thereof; Institution of Investigation
`AGENCY:U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY:Notice is hereby given that a
`complaint wasfiled with the U.S.
`International Trade Commission on June
`30, 2023, undersection 337 of the Tariff
`Act of 1930, as amended, on behalf of
`JUULLabs,Inc. of Washington, DC and
`VMRProducts LLC of San Francisco,
`California. A letter supplementing the
`complaint wasfiled on July 17, 2023.
`The complaint, as supplemented,
`alleges violations 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 vaporizer devices,
`cartridges used therewith, and
`components thereof by reason of the
`infringementof certain claimsof U.S.
`Patent No. RE49,114 (“the ’114 patent”’);
`U.S. Patent No. 10,130,123 (“the 7123
`patent’); U.S. Patent No. 10,709,173
`(“the ’173 patent’); U.S. Patent No.
`11,134,722 (“the ’722 patent”); and U.S.
`Patent No. 11,606,981 (“the ’981
`patent’’). The complaint further alleges
`that an industry in the United States
`exists as required by the applicable
`Federal Statute. The complainants
`request that the Commission institute an
`investigation and,after the
`investigation, issue a limited exclusion
`order and cease and desist orders.
`ADDRESSES: The complaint, except for
`any confidential information contained
`therein, may be viewed on the
`Commission’s electronic docket (EDIS)
`at https://edis.usitc.gov. For help
`accessing EDIS, please email
`EDIS3Help@usitc.gov. Hearing impaired
`individuals are advised that information
`on this matter can be obtained by
`contacting the Commission’s TDD
`terminal on (202) 205-1810. Persons
`with mobility impairments whowill
`needspecial assistance in gaining access
`to 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 at
`https://www.usitc.gov.
`FOR FURTHER INFORMATION CONTACT:
`Pathenia M. Proctor, The Office of
`Unfair ImportInvestigations, U.S.
`International Trade Commission,
`telephone (202) 205-2560.
`
`SUPPLEMENTARY INFORMATION:
`Authority: The authority for
`institution of this investigation is
`contained in section 337 of the Tariff
`Act of 1930, as amended, 19 U.S.C.
`1337, and in section 210.10 of the
`Commission’s Rules of Practice and
`Procedure, 19 CFR 210.10 (2023).
`Scope ofInvestigation: Having
`considered the complaint, the U.S.
`International Trade Commission, on
`August 1, 2023, ordered that—
`(1) Pursuant to subsection (b) of
`section 337 of the Tariff Act of 1930, as
`amended,an investigation be instituted
`to determine whetherthereis a
`violation of subsection (a)(1)(B) of
`section 337 in the importation into the
`United States, the sale for importation,
`or the sale within the United States after
`importation of certain products
`identified in paragraph (2) by reason of
`infringementof one or more ofclaims1,
`5-7, 29, 30, 36, 43, 44, 76, 77, 80, 81,
`86, 89, and 93 of the ’114 patent; claims
`14, 16, 18, 27, 29, 31, and 32 of the 123
`patent; claims 1-4, 6, 7, 15, 16, 18-25,
`28, and 30 of the ’173 patent; claims 1,
`3, 5, and 7—21 of the ’722 patent; and
`claims 1, 2, 5, 6, 8-11, and 13-18 of the
`*981 patent, and whetheran industry in
`the United States exists as required by
`subsection (a)(2) of section 337;
`(2) Pursuantto section 210.10(b)(1) of
`the Commission’s Rules of Practice and
`Procedure, 19 CFR 210.10(b)(1), the
`plain language description of the
`accused products or category of accused
`products, which defines the scope of the
`investigation, is “vaporizer devices
`(ENDSdevices), cartridges used
`therewith (sometimesreferred to as
`‘pods’), and components thereof
`(cartridge housings, atomizers, atomizer
`subassemblies, device subassemblies)”;
`(3) Pursuant to Commission Rule
`210.50(b)(1), 19 CFR 210.50(b)(1), the
`presiding administrative law judge shall
`take evidence or other information and
`hear arguments from the parties or other
`interested persons with respect to the
`public interest in this investigation, as
`appropriate, and provide the
`Commission with findings of fact and a
`recommended determination on this
`issue, which shall be limited to the
`statutory public interest factors set forth
`in 19 U.S.C. 1337(d)(1), ((1), (g)(1);
`(4) For the purposeof the
`investigation so instituted, the following
`are hereby named as parties upon which
`this notice of investigation shall be
`served:
`(a) The complainantsare:
`JUULLabs, Inc., 1000 F Street NW,
`Washington, DC 20004
`VMRProducts LLC, 560 20th Street, San
`Francisco, California 94107
`
`(b) The respondents are the following
`entities alleged to be in violation of
`section 337, and are the parties upon
`which the complaintis to be served:
`NJOY, LLC, 8825 N 23rd Avenue,Suite
`100, Phoenix, Arizona 85021
`NJOY Holdings, Inc., 9449 N 90th
`Street, Suite 201, Scottsdale, Arizona
`85258
`Altria Group, Inc., 6601 W Broad Street,
`Richmond, Virginia 23230
`Altria Group Distribution Company,
`6601 W BroadStreet, Richmond,
`Virginia 23230
`Altria Client Services LLC, 6601 W
`Broad Street, Richmond, Virginia
`23230
`
`(c) The Office of Unfair Import
`Investigations, U.S. International Trade
`Commission, 500 E Street SW,Suite
`401, Washington, DC 20436; and
`(5) For the investigation so instituted,
`the Chief Administrative Law Judge,
`U.S. International Trade Commission,
`shall designate the presiding
`Administrative Law Judge.
`Responsesto the complaint and the
`notice of investigation must be
`submitted by the named respondents in
`accordancewith section 210.13 of the
`Commission’s Rules of Practice and
`Procedure, 19 CFR 210.13. Pursuant to
`19 CFR 201.16(e) and 210.13(a), as
`amendedin 85 FR 15798 (March 19,
`2020), such responseswill be
`considered by the Commissionif
`received notlater than 20 daysafter the
`date of service by the complainants of
`the complaint and the notice of
`investigation. Extensions of time for
`submitting responses to the complaint
`andthe notice of investigation will not
`be granted unless good causetherefor is
`shown.
`Failure of a respondentto file a timely
`responseto eachallegation in the
`complaint and in this notice may be
`deemedto constitute a waiver of the
`right to appear and contest the
`allegations of the complaint and this
`notice, and to authorize the
`administrative law judge and the
`Commission, without further notice to
`the respondent, to find the facts to be as
`alleged in the complaint andthis notice
`andto enter an initial determination
`anda final determination containing
`such findings, and mayresult in the
`issuance of an exclusion order or a cease
`and desist order or both directed against
`the respondent.
`By order of the Commission.
`Issued: August 1, 2023.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2023-16774 Filed 84-23; 8:45 am]
`BILLING CODE 7020-02-P
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`