In the Matter of
`
`CERTAIN CASES FOR PORTABLE
`ELECTRONIC DEVICES
`
`337-TA-861/867 (Consolidated)
`
`Publication 4857
`November 2018
`U.S. International Trade Commission
`
`Washington, DC 20436
`
`

`

`U.S. International Trade Commission
`
`COMMISSIONERS
`
`Irving Williamson, Chairman
`Shara Aranoff, Commissioner
`Dean Pinkert, Commissioner
`David Johanson, Commissioner
`Meredith Broadbent, Commissioner
`
`
`Address all communications to
`Secretary to the Commission
`United States International Trade Commission
`Washington, DC 20436
`
`

`

`- - - - - -1
`IL ____ _
`
`U.S. International Trade Commission
`
`Washington, DC 20436
`www.usitc.gov
`
`In the Matter of
`
`CERTAIN CASES FOR PORTABLE
`ELECTRONIC DEVICES
`
`337-TA-861/867 (Consolidated)
`
`Publication 4857
`
`November 2018
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN CASES FOR PORT ABLE
`ELECTRONIC DEVICES
`
`Investigation Nos. 337-TA-867/861
`(Consolidated)
`
`ISSUANCE OF GENERAL EXCLUSION ORDER; TERMINATION OF
`INVESTIGATION
`
`AGENCY:
`
`U.S. International Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the U.S . International Trade Commission has
`determined to issue a general exclusion order ("GEO") in this investigation. The investigation is
`terminated.
`
`FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 205-3042. 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,
`S.W., Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The
`public record for this investigation may be viewed on the Commission's electronic docket (EDIS)
`at http://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 Inv. No. 337-TA-861 on
`November 16, 2012, based on a complaint filed by Speculative Product Design, LLC of
`Mountain View, California ("Speck"). 77 Fed. Reg. 68828 (Nov. 16, 2012). The complaint
`alleged violations of section 337 of the Tariff Act of 1930, as amended, (19 U.S.C. § 1337) in the
`importation into the United States, the sale for importation, and the sale within the United States
`after importation of certain cases for portable electronic devices by reason of infringement of
`various claims of United States Patent No. 8,204,561 ("the '561 patent"). The complaint named
`several respondents.
`
`The Commission instituted Inv. No. 337-TA-867 on January 31 , 2013 , based on a
`complaint filed by Speck. 78 Fed. Reg. 6834 (Jan. 31, 2013). That complaint also alleged
`violations of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the importation into the
`United States, the sale for importation, and the sale within the United States after importation of
`
`

`

`certain cases for portable electronic devices by reason of infringement of various claims of
`the '561 patent. The complaint named several additional respondents. On January 31, 2013, the
`Commission consolidated the two investigations. Id.
`
`All of the respondents that participated in the investigation were terminated from the
`investigation. Specifically, respondents JWIN Electronics Corp., d/b/a iLuv of Port Washington,
`New York and Fellowes, Inc. of Itasca, Illinois were terminated from the investigation based
`upon settlement agreements. Respondents Project Horizon, Inc., d/b/a/ InMotion Entertainment
`of Jacksonville, Florida and En Jinn Industrial Co., Ltd. of New Taipei City, Taiwan were
`terminated from the investigation based upon consent order stipulations. Respondents Superior
`Communications, Inc. of Irwindale, California and Shengda Huanqiu Shijie of Shenzhen, China
`were terminated from the investigation based upon withdrawal of allegations pertaining to them
`from the complaint. Respondent Jie Sheng Technology of Tainan City, Taiwan was terminated
`from the investigation based upon amendment to the complaint and notice of investigation.
`Respondent Body Glove International, LLC of Redondo Beach, California was terminated from
`the investigation based upon a finding that it had committed no acts in violation of section 337.
`
`The following respondents were found in default: Anbess Electronics Co. Ltd. of
`Shenzhen, China; ROCON Digital Technology Corp. of Shenzhen, China; Trait Technology
`(Shenzhen) Co., Ltd. of Shenzhen, China; Hongkong Wexun Ltd. of Guangdong, China; SW(cid:173)
`Box.com (aka Cellphonezone Limited) of Sheung Wan, Hong Kong; and Global Digital Star
`Industry, Ltd. of Shenzhen City, China. Accordingly, the only parties remaining active in this
`investigation ~e Speck and the Commission investigative attorney ("IA").
`
`On August 19, 2013, Speck filed a motion for summary determination that it has satisfied
`the domestic industry requirement under sections 337(a)(3)(A), (B), and (C) (not including
`licensing). On August 19, 2013, the IA filed a response in support of Speck's motion that it has
`satisfied the domestic industry requirement under section 337(a)(3)(C). On September 10, 2013,
`the ALJ issued an ID (Order No 15) granting Speck's motion in part. Specifically, the ALJ
`found that Speck established a domestic industry for the '561 patent under section 337(a)(3)(C).
`On October 23, 2013, the Commission determined not to review the ID.
`
`On September 30, 2013, the ALJ granted a motion by Speck to terminate the
`investigation as to claims 1-3, 6-8, 10, and 12-16 of the '561 patent. On November 11, 2013, the
`Commission determined not to review. Thus, claims 4, 5, 9, and 11 remain pending in the
`investigation.
`
`On November 15, 2013, Speck filed a motion for summary determination of violation
`with respect to the defaulting respondents. On November 26, 2013, the IA filed a response in
`support of Speck's motion. On February 21, 2014, the presiding ALJ issued his final initial
`determination on violation and recommendation on remedy ("ID/RD"), Order No. 28, granting
`the motion. The ALJ recommended issuance of a general exclusion order and the imposition of
`a bond of 100 percent of entered value during the period of Presidential review. On April 8,
`2014, the Commission issued notice of its determination not to review the ALJ' s final
`determination on violation. 79 Fed. Reg. 20228-30 (Apr. 11, 2014).
`
`2
`
`

`

`The Commission has determined that the appropriate form of relief is a GEO under 19
`U.S.C. § 1337(d)(2), prohibiting the unlicensed entry of cases for portable electronic devices
`covered by one or more claims 4, 5, 9, and 11 of U.S . Patent No. 8,204,561 ("the ' 561 patent").
`
`The Commission has further determined that the public interest factors enumerated in
`section 337(d)(l) (19 U.S.C. §§ 1337(d)(l)) do not preclude issuance of the GEO. The
`Commission has determined that the bond for temporary importation during the period of
`Presidential review (19 U.S.C. § 1337G)) shall be in the amount of 100 percent of the entered
`value of the imported articles that are subject to the order. The Commission' s orders were
`delivered to the President and the United States Trade Representative on the day of their issuance.
`
`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 C.F.R. Part 210).
`
`By order of the Commission.
`
`Issued: June 20, 2014
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN CASES FOR PORT ABLE
`ELECTRONIC DEVICES
`
`Investigation Nos. 337-TA-861/867
`(Consolidated)
`
`GENERAL EXCLUSION ORDER
`
`The Commission has determined that there is a violation of Section 337 of the Tariff Act
`
`of 1930, as amended (19 U.S.C. § 1337), in the unlawful importation and sale of certain cases for
`
`portable electronic devices thereof covered by one or more claims 4, 5, 9, and 11 of U.S. Patent
`
`No. 8,204,561 ("the '561 patent") asserted in this investigation.
`
`Having reviewed the record of 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 order from entry for
`
`consumption is necessary, and accordingly, the Commission has determined to issue a general
`
`exclusion order prohibiting the unlicensed importation of infringing cases for portable electronic
`)
`devices ("covered products").
`
`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 100 percent of the
`
`entered value for all covered products in question.
`
`Accordingly, the Commission hereby ORDERS that:
`
`

`

`1.
`
`Cases for portable electronic devices covered by one or more of claims 4, 5, 9,
`
`and 11 of the '561 patent are excluded from entry into the United States for
`
`consumption, entry for consumption from a foreign-trade zone, or withdrawal
`
`from a warehouse for consumption, for the remaining term of the patent, except
`
`under license of the patent owner or as provided by law.
`
`2.
`
`Notwithstanding paragraph 1 of this Order, the aforesaid cases for portable
`
`electronic devices 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 of the entered value of
`
`the products, pursuant to subsection G) of Section 337 (19 U.S.C. § 1337(j)) 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 Trade
`
`Representative notifies the Commission that this Order is approved or
`
`disapproved but, in any event, not later than sixty days after the date of receipt of
`
`this Order.
`
`3.
`
`At the discretion of U.S. Customs and Border Protection ("CBP") and pursuant to
`
`procedures that it establishes, persons seeking to import cases for portable
`
`electronic devices 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
`
`- 1 -
`
`

`

`certification described in this paragraph to furnish such records or analyses as are
`
`necessary to substantiate the certification.
`
`4.
`
`In accordance with 19 U.S.C. § 1337(1), the provisions ofthis Order shall not
`
`apply to cases for portable electronic devices 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.
`
`5.
`
`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 C.F.R. § 210.76).
`
`6.
`
`The Commission Secretary shall serve copies of this Order upon each party of
`
`record in this investigation and upon the Department of Health and Human
`
`Services, the Department of Justice, the Federal Trade Commission, and U.S.
`
`Customs and Border Protection.
`
`7.
`
`Notice of this Order shall be published in the Federal Register.
`
`By order of the Commission.
`
`Issued: June 20, 2014
`
`Lisa R. Barton
`Secretary to the Commission
`
`- 2 -
`
`

`

`CERTAIN DEVICES WITH SECURE COMMUNICATION
`CAP ABILITIES, COMWONENTSTHEREOF,AND
`PRODUCTS CONTAINING THE SAME
`
`337-TA-867/861
`
`CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached Notice has been served by hand upon
`John Shinn, Esq., and the following parties as indicated, on June 20, 2014.
`
`~ ->
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`
`On Behalf of Complainant Speculative Product Design,
`LLC:
`
`Christian E. Samay, Esq.
`SNR DENTON US LLP
`101 John F. Kennedy Pkwy, Suite 410
`Short Hills, NJ 07078
`
`Respondents:
`
`Anbess Electronices Co. Ltd.
`IF, Block B, Building 4
`Cui Feng hao Yuan
`ShuiJing, BuJi, LongGang,
`Shenzhen, GC, 518112, China
`
`( ) Via Hand Delivery
`( ) Via Express Mail
`( x) Via First Class Mail
`( ) Other: __ _ _
`
`( ) Via Hand Delivery
`( ) Via Express Mail
`( x ) Via First Class Mail
`( ) Other: __ _
`
`

`

`Page 2 - Certificate of Service
`
`ROCON Digital Technology Corp.
`Block 15, Fu.min Industrial Zone
`Shenzhen, China 518111
`
`SW-Box.com (a/k/a Cellphonezone Limited)
`Flat A, 15/F Hillier Comm.Bldg,
`65-67 Bonham Strand East
`Sheung Wan, Hong Kong
`
`Trait Technology (Shenzhen) Co., Limited (d/b/a Trait(cid:173)
`Tech)
`416 - 419RM, 305# Sufa Building
`Huafa North Road, Futian District
`Shenzhen, China 518031
`
`Hongkong Wexun Ltd,
`Wexun Tech (Hong Kong) Co., Ltd
`Block 15, Fumin Industrial Zone
`Pinghu Commuinty Office
`Longgang District
`
`Guangdong, China 518111
`Global Digital Star Industry, Ltd.
`22F, Hong Ling Building
`Hong Ling South Road
`Futian District
`Shenzhen City 518112, China
`
`( ) Via Hand Delivery
`( ) Via Express Mail
`( x ) Via First Class Mail
`( ) OJJ:_i,~r_: __ _ _
`
`( ) Via Hand Delivery
`( ) Via Express Mail
`(x ) Via First Class Mail
`( ) Other: _ _ _
`
`( ) Via Hand Delivery
`( ) Via Express Mail
`( x) Via First Class Mail
`( ) Other: __ _
`
`( ) Via Hand Delivery
`( ) Via Express Mail
`(x ) Via First Class Mail
`( ) Other: __ _
`
`( ) Via Hand Delivery
`( ) Via Express Mail
`( x ) Via First Class Mail
`( ) Other: _ _ _
`
`

`

`.~ .. :
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN CASES FOR PORTABLE
`ELECTRONIC DEVICES
`
`Investigation Nos. 337-TA-867/861
`
`NOTICE OF COMMISSION DETERMINATION TO REVIEW AN INITIAL
`DETERMINATION FINDING CERTAIN RESPONDENTS IN DEFAULT; UPON REVIEW
`THE COMMISSION AFFIRMS THE ALJ'S DETERMINATION UNDER 19 C.F.R. § 210.16
`
`AGENCY:
`
`U.S. International Trade Commission.
`
`ACTION:
`
`Notice.
`
`· SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to
`review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 8)
`:finding the following respondents in default: Anbess Electronics Co. Ltd. of Shenzhen, China;
`Rocon Digital Technology Corp. of Shenzhen, China; SW-Box of Sheung Wan, Hong Kong; Trait
`Technology (Shenzhen) Co., Ltd. of Shenzhen, China; and Hongkong Wexun Ltd. of Guangdong,
`China (collectively, "Defaulting Respondents"). Upon review the Commission affirms the ALJ' s
`determination under 19 C.F,R § 210.16 for Defaulting Respondents' failure to respond to the
`complaint and notice of investigation.
`
`FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D,.C. 20436,.
`telephone (202) 205-3042. 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, S.W.,
`· Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the ·
`Commission may also be obtained by accessing its Internet server at http://www. usitc.gov. The
`public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at
`http://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 Inv. No. 337-TA-861 on
`November 16, 2012, based on a complaint :filed by Speculative Product Design, LLC of Mountain
`View, California ("Speck"). 77 Fed Reg: 68828 (Nov. 16, 2012). The complaint alleged violations
`of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the importation into the United States,
`· the sale for importation, and the sale within the United States after importation of certain cases for
`portable electronic devices by reason of infringement of various claims of United States Patent No.
`8,204,561. The complaint named several respondents, including Defaulting Respondents.
`
`

`

`The Commission instituted Inv. No. 337-TA-867 on January 31, 2013, based on a complaint
`filed by Speck. 78 Fed Reg. 6834 (Jan. 31 , 2013). That complaint also alleged violations of section
`337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the importation into the United States, the sale for
`importation, and the sale within the United States after iniportation of certain cases for portable ·
`~lectronic devices by reason of infringement of various claims of the '561 patent. The complaint
`named several respondents. On January 31, 2013, the Commission consolidated the two
`investigatj.ons. Id
`
`On January 15, 2013, Speck filed a motion for an order directing Defaulting Respondents to
`show cause why they should not be found in default for their failure to respond to the complaint and
`notice of investigation. Speck' s motion requested issuing a default ID against those respondents who
`failed to show callse. On January 25, 2013, the Commission Investigative Attomeyfiled a response
`in support of the motion. No other responses to the motion were filed.
`
`On February 21, 2013, the ALJ issued Order No. 5, ordering Defaulting Respondents to show
`by March 7, 2013, why they should not be found in default under 19 C.F.R. § 210.16 for their failure to
`respond to the complaint and notice of investigation. Defaulting Respondents did not respond to the
`show-cause order.
`
`On April 2, 2013, the ALJ issued the subj~t ID, finding Defaulting Respondents in default
`under 19 C.F.R. § 210.16 for failing to respona'to the complaint and notice ofinvestigation. The ALJ
`also found Defaulting Respondents in default under 19 C.F.R. § 210.17 for, at least, failing to comply
`with Order Nos. 3 and 5.
`
`The Commission has determined to review the ID. Upon review, the Commission has determined to
`affirm the ALJ' s determination that.Defaulting Respondents are in default under 19 C.F.R. § 210.16
`for failure to respond to the complaint and notice of investigation. The Commission vacates the
`ALJ's reliance on 19 C.F.R. § 210.17, finding it unnecessary to rely on that provision.
`
`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 section 210.42 of the Commission' s Rules of Practice
`and Procedure (19 C.F.R. § 210.42).
`
`By order of the Commission.
`
`Issued: May 1, 2013
`
`Lisa R. Barton
`Acting Secretary to the Commission
`
`2
`
`

`

`CERTAIN CASES FOR PORTABLE
`ELECTRONIC DEVICES
`
`Inv. No. 337-TA-861
`Inv. No. 337-TA-867
`(Consolidated)
`
`CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached Notice has been served upon John Shin, ·
`Esq., the Commission Investigative Attorney, and the following parties as indicated, on
`May2,2013. ~
`
`_ r~J~~?~,. ~~;5E~~:::>~
`
`~_£_ /
`Lisa R. Barton, Acting Secretary
`U.S. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`
`On Behalf of Complainant Speculative Product Design, LLC:
`
`Mark Hogge, Esq.
`SNR Denton US LLP
`1301 K St., N.W., Suite 600
`Washington, D.C. 20005
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`~Via First Class Mail
`( ) Other: _ __ _
`
`On Behalf of Respondents Fellow es, Inc. and Body Glove International, LLC:
`
`William Atkins Esq.
`PILSBURY WINTHROP SHAW PITTMAN LLP
`1650 Tysons Boulevard, 14th Floor
`McLean, Virginia 22102
`
`( ) Via Hand Delivery
`· ( ) Via Overnight Mail
`~Via First Class Mail
`( ) Other: ___ _
`
`On Behalf of Respondent Superior Communications,
`Inc.:
`
`Philip J. Graves, Esq.
`Snell & Wilmer L.L.P.
`350 South Grand Ave., Suite 2600
`Two California Plaza
`Los Angeles, California 90071
`
`Respondents:
`
`En Jinn Industrial Co. Ltd.
`No. 5 Wu Chan 3rd Rd.
`Wu Ku Industrial Zone
`New Taipei City, Taiwan
`
`1
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`N Via First Class Mail
`( )lNTERNA TIONAL
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`~ i a First Class Mail
`() INTERNATIONAL
`
`

`

`Shengda Huanqiu Shijie
`North Kao Ku Digital Building, 1st Floor
`Futian District, Shenzhen Huaqiang
`C051, Shenzhen, China
`
`Anbess Electronices Co. Ltd.
`IF, Block B, Building 4
`Cui Feng hao Yuan
`ShuiJing, BuJi, LongGang,
`Shenzhen, GC, 518112, China
`
`ROCON Digital Technology Corp.
`Block 15, Fumin Industrial Zone
`Shenzhen, China 518111
`
`SW-Box.com (a/k/a Cellphonezone Limited)
`Flat~ 15/F Hillier Comm.Bldg,
`65-67 Bonham Strand East
`Sheung Wan, Hong Kong
`
`Trait Technology (Shenzhen) Co., Limited ( d/b/a Trait(cid:173)
`Tech)
`416 - 419RM, 3 05# Sufa Building
`Huafa North Road, Futian District
`Shenzhen, China 518031
`
`Hongkong Wexun Ltd,
`Wexun Tech (Hong Kong) Co., Ltd
`Block 15, Fumin Industrial Zone
`Pinghu Commuinty Office
`Longgang District
`Guangdong, China 518111
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(j_ Via First Class Mail
`( ) INTERNATIONAL
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`H Via First Class Mail
`() INTERNATIONAL
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(',.. Via First Class Mail
`() INTERNATIONAL
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`N Via First Class Mail
`( ) INTERNATIONAL
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`°N Via First Class Mail
`( ) INTERNATIONAL
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`N Via First Class Mail
`() INTERNATIONAL
`
`2
`
`

`

`Global Digital Star Industry, Ltd.
`22F, Hong Ling Building
`Hong Ling South Road
`Futian District
`Shenzhen City 518112, China
`
`JWIN Electronics Corp., dba iLuv
`2 Harbor Park Drive
`Port Washington, NY 11050
`
`Jie Sheng Technology
`No. 2, Lane 92, Chen Nan 1 St.
`Tainan City 710, Taiwan
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`'-l._Via First Class Mail
`( ) INTERNATIONAL
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`tt Via First Class Mail
`( ) Other: - - - -
`
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`W., Via First Class Mail
`( ) INTERNATIONAL
`
`3
`
`

`

`PUBLIC VERSION
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN CASES FOR PORTABLE
`ELECTRONIC DEVICES
`
`Investigation Nos. 337-TA-867/861
`(Consolidated)
`
`COMMISSION OPINION
`
`This investigation is before the Commission for a final determination on remedy,
`
`the public interest, and bonding. The presiding administrative law judge ("ALJ") issued
`
`a final initial determination ("ID"), finding that defaulting respondents violated section
`
`337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in connection with claims
`
`4, 5, 9, and 11 of United States Patent No. 8,204,561 ("the ' 561 patent"). See 79 Fed.
`
`Reg. 20228-30 (Apr. 11 , 2014). The Commission determined not to review the ID and
`
`requested comments on remedy, the public interest, and bonding. Id.
`
`Upon consideration of the comments received, the Commission issues herewith a
`
`general exclusion order ("GEO") prohibiting the entry of unlicensed infringing cases· for
`
`portable electronic devices for consumption in the United States. The Commission finds
`
`that the public interest factors set out in section 337(d) do not preclude issuance of the
`
`GEO. The Commission sets a bond in the amount of 100 percent of entered value for
`
`unlicensed infringing cases for portable electronic devices imported during the period of
`
`Presidential review.
`
`I. BACKGROUND
`
`The Commission instituted Inv. No. 337-TA-861 on November 16, 2012, based
`
`on a complaint filed by Speculative Product Design, LLC of Mountain View, California
`
`1
`
`

`

`PUBLIC VERSION
`
`("Speck"). 77 Fed Reg. 68828 (Nov. 16, 2012). The complaint alleged violations of
`
`section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, by reason of
`
`infringement of various claims of the '561 patent. The complaint named several
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`respondents.
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`The Commission instituted Inv. No. 337-TA-867 on January 31 , 2013, based on a
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`second complaint filed by Speck. 78 Fed Reg. 6834 (Jan. 31, 2013). The complaint
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`alleged violations of section 337 of the Tariff Act of 1930 by reason of infringement of
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`various claims of the ' 561 patent. The complaint named several additional respondents.
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`On January 31, 2013, the Commission consolidated the two investigations. Id
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`All of the respondents that participated in the consolidated investigation were
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`terminated from the investigation based upon settlement agreements, consent order
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`stipulations, or withdrawal of the complaint. Specifically, the ALJ terminated
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`respondents JWIN Electronics Corp., dba iLuv of Port Washington, New York and
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`Fellowes, Inc. of Itasca, Illinois from the investigation based upon settlement agreements,
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`and the Commission determined not to review the IDs. 1 The ALJ terminated respondents
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`Project Horizon, Inc., d/b/a/ InMotion Entertainment of Jacksonville, Florida and En Jinn
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`Industrial Co., Ltd. of New Taipei City, Taiwan based upon consent order stipulations,
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`and the Commission determined not to review the IDs. 2 The ALJ terminated respondents
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`1 See Notice of Commission Determination Not to Review an Initial Determination
`(Order No. 10) Granting a Motion to Terminate the Investigation as to Respondent JWIN
`Electronics Corp., dba iLuv Based Upon a Settlement Agreement (May 28, 2013); Notice
`of Commission Determination not to Review an Initial Determination (Order No. 23)
`Granting a Motion to Terminate the Investigation as to Respondent Fellowes, Inc. Based
`Upon a Settlement Agreement (Mar. 6, 2014).
`
`2 See Notice of Commission Determination Not to Review an Initial Determination
`(Order No. 6) Granting a Motion to Terminate the Investigation as to Respondent Project
`Horizon, Inc., d/b/a/ InMotion Entertainment Based Upon a Consent Order St.ipulation;
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`2
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`

`

`PUBLIC VERSION
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`Superior Communications, Inc. of Irwindale, California ("Superior") and Shengda
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`Huanqiu Shijie of Shenzhen, China from the investigation based upon withdrawal of
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`allegations pertaining to them from the complaint, and the Commission determined not to
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`review the IDs. 3 The ALJ terminated respondent Jie Sheng Technology of Tainan City,
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`Taiwan from the investigation based upon amendment to the complaint and notice of
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`investigation, and the Commission determined not to review the ID.4 The ALJ granted a
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`summary determination motion by respondent Body Glove International, LLC of
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`Redondo Beach, California ("Body Glove") that it has not committed any acts in
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`violation of section 337, and terminated Body Glove from the investigation. The
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`Commission determined not to review the ID. 5
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`The ALJ found the following respondents in default: Anbess Electronics Co. Ltd.
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`of Shenzhen, China; ROCON Digital Technology Corp. of Shenzhen, China; Trait
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`Technology (Shenzhen) Co., Ltd. of Shenzhen, China; Hongkong Wexun Ltd. of
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`Guangdong, China; SW-Box.com (aka Cellphonezone Limited) of Sheung Wan, Hong
`Issuance of a Consent Order (Mar. 22, 2013); Notice of Commission Determination Not
`to Review an Initial Determination (Order No. 22) Granting a Motion to Terminate the
`Investigation as to Respondent En Jinn Industrial Co., Ltd. Based Upon a Consent Order
`Stipulation; Issuance of a Consent Order (Mar. 6, 2014).
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`3 See Notice of Commission Determination Not to Review an Initial Determination
`(Order No. 19) Terminating the Investigation as to Superior Communications, Inc. (Nov.
`20, 2013); Notice of Commission Determination Not to Review an Initial Determination
`(Order No. 21) Terminating the Investigation as to Shengda Huanqiu Shijie (Dec. 20,
`2013).
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`4 See Notice of Commission Determination Not to Review an Initial Determination
`(Order No. 9) Granting in Part Complainant's a Motion for Leave to Amend the
`Complaint and Notice oflnvestigation (May 23, 2013).
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`5 See Notice of Commission Determination Not to Review an Initial Determination
`(Order No. 16) Granting Respondent Body Glove International, LLC's motion for
`Summary Determination of No Violation of Section 337 (Nov. 4, 2013).
`
`3
`
`

`

`PUBLIC VERSION
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`Kong; and Global Digital Star Industry, Ltd. of Shenzhen City, China. The Commission
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`determined not to review the IDs. 6 Accordingly, the only parties remaining active in this
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`investigation are Speck and the Commission investigative attorney ("IA").
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`On September 30, 2013, the ALJ granted a motion by Speck to terminate the
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`investigation as to claims 1-3, 6-8, 10, and 12-16 of the '561 patent, and the Commission
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`determination not to review the ID. 7 Accordingly claims 4, 5, 9, and 11 remain pending
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`in the investigation.
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`On August 19, 2013, Speck filed a motion for summary determination that it has
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`satisfied the domestic industry requirement under sections 337(a)(3)(A), (B), and (C) (not
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`including licensing). On August 19, 2013 , the IA filed a response in support of Speck's
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`motion that it has satisfied the domestic industry requirement under section 337(a)(3)(C).
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`On September 10, 2013, the ALJ issued an initial determination ("ID") (Order No 15)
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`granting Speck's motion in part. Specifically, the ALJ found that Speck established a
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`domestic industry for the '561 patent under section 337(a)(3)(C). The Commission
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`determined not to review the ID. 8
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`On November 15, 2013, Speck filed a motion for summary determination of
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`violation with respect to the defaulting respondents. On November 26, 2013, the IA filed
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`6 See Notice of Commission. Determination to Review an Initial Determination (Order
`No. 8) Finding Certain Respondent in Default; Upon Review the Commission affirms the
`ALJ's Determination Under 19 C.F.R. § 210.16 (May 31 , 2013); Notice of Commission
`Determination to Review Initial Determinations (Order Nos. 26 & 27) Extending the
`Target Date for Completion of the Investigation and Finding Certain Respondents in
`Default (Mar. 10, 2014).
`
`7 See Notice of Commission Determination Not to Review an Initial Determination
`(Order No. 17) Terminating Certain Claims from the Investigation (Nov. 11 , 2013).
`
`8 See Notice of Commission Determination Not to Review an Initial Determination
`(Order No. 15) Granting Complainant's Motion for Summary Determination that it
`Satisfied the Domestic Industry Requirement (Oct. 23, 2013).
`
`4
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`

`

`PUBLIC VERSION
`
`a response in support of Speck's motion. On February 21 , 2014, the ALJ issued the final
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`initial determination granting the motion and providing recommendation on remedy
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`("ID/RD"). Order No. 28. The ALJ recommended issuance of a general exclusion order
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`("GEO") and the imposition of a bond of 100 percent of entered value during the period
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`of Presidential review.
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`On April 8, 2014, the Commission issued notice of its determination not to review
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`the ALJ's finding of violation, and solicited submissions on remedy, the public interest,
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`and bonding. 79 Fed. Reg. 20228-30 (Apr. 11, 2014). On April 23, 2014, Speck
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`submitted an initial brief on remedy, the public interest, and bonding, requesting that the
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`Commission issue a GEO and set a bond of 100 percent of entered value during the
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`period of presidential review. See Complainant Speculative Product Design, LLC' s
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`Submission on Remedy, the Public Interest, and Bonding ("Speck Sub."). Speck's brief
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`included a proposed GEO. Id. That same day, the IA submitted an initial brief on
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`remedy, the public interest, and bonding, supporting Speck' s request for a GEO and a
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`bond of 100 percent. See Response of the Office of Unfair Import Investigations to the
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`Commission' s Request for Written Submission on Remedy, the Public Interest, and
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`Bonding ("IA Sub."). The IA' s brief also included a proposed GEO. Id. Also on April
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`23, 2014, terminated respondent Superior filed written comments in response to the
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`Com