Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof; Commission Determination To Review in Part, Take No Position on the Issues Under Review, and Affirm in Part a Final Initial Determination Finding No Violation of Section 337; Termination of Investigation

Topics:  Mahle

Lisa Barton
International Trade Commission
10 April 2020

[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20299-20300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07589]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1140]


Certain Multi-Stage Fuel Vapor Canister Systems and Activated 
Carbon Components Thereof; Commission Determination To Review in Part, 
Take No Position on the Issues Under Review, and Affirm in Part a Final 
Initial Determination Finding No Violation of Section 337; Termination 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade

[[Page 20300]]

Commission (``Commission'') has determined to review in part the final 
initial determination (``ID'') issued by the presiding administrative 
law judge (``ALJ'') on January 28, 2020, finding no violation of 
section 337 of the Tariff Act of 1930, as amended (``section 337''), in 
connection with the asserted patent. The Commission has determined to 
take no position on the issues under review. The Commission has also 
determined to affirm the ID's findings that the asserted patent claims 
are invalid. This investigation is terminated with a finding of no 
violation of section 337.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3427. 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, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 14, 2018, based on a complaint filed by Ingevity Corp. and 
Ingevity South Carolina, LLC, both of North Charleston, South Carolina 
(together, ``Ingevity''). 83 FR 64356. The complaint, as supplemented, 
alleged violations of section 337 in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain multi-stage fuel vapor canister systems 
and activated carbon components thereof by reason of infringement of 
certain claims of U.S. Patent No. RE38,844 (``the '844 patent''). Id. 
The Commission's notice of investigation named as respondents MAHLE 
Filter Systems North America, Inc. of Murfreesboro, Tennessee; MAHLE 
Filter Systems Japan Corp. of Saitama, Japan; MAHLE Sistemas de 
Filtracion de Mexico de C.V. of Monterrey, Mexico; MAHLE Filter Systems 
Canada, ULC of Tilbury, Canada (altogether, ``MAHLE''); Kuraray Co., 
Ltd. of Tokyo, Japan (``Kuraray''); Kuraray America, Inc. of Houston, 
Texas; and Nagamine Manufacture Co., Ltd. of Manno, Japan 
(``Nagamine''). Id. The Commission subsequently amended the complaint 
and notice of investigation to add Calgon Carbon Corporation 
(``Calgon'') as a respondent and to remove Kuraray America, Inc. as a 
respondent. 84 FR 11555 (Mar. 27, 2019). The remaining respondents are 
collectively referred to herein as ``Respondents.'' The Office of 
Unfair Import Investigations is not participating in this 
investigation. 83 FR 64356.
    On January 28, 2020, the ALJ issued the final ID, which finds that 
Respondents did not violate section 337. More particularly, the final 
ID found, inter alia: (1) Ingevity, its customers, and operators of the 
domestic industry articles have been shown to practice the asserted 
claims of the '844 patent; (2) the domestic industry requirement is 
satisfied with respect to the '844 patent; (3) Respondent MAHLE 
directly and/or indirectly infringes the asserted claims of the '844 
patent; (4) Respondents Kuraray and Nagamine indirectly infringe the 
asserted claims; (5) the asserted claims of the '844 patent have been 
shown to be invalid under 35 U.S.C. 102 and/or 35 U.S.C. 103 over the 
Delphi prior invention, or the combination of the Delphi prior 
invention with other references; (6) the asserted claims of the '844 
patent have been shown to be invalid under 35 U.S.C. 102 and/or 35 
U.S.C. 103 over Meiller and/or Park and other references; (7) 
independent claim 18 of the '844 patent, and those depending therefrom, 
have been shown to be invalid under 35 U.S.C. 112 for indefiniteness, 
but independent claims 1, 31, and 43, and those depending therefrom, 
have not been shown to be invalid under 35 U.S.C. 112 for 
indefiniteness; and (8) patent exhaustion does not bar Ingevity's 
sought relief.
    On February 10, 2020, the private parties filed petitions for 
review of the final ID, and on February 18, 2020, the private parties 
filed responses.
    Having examined the record in this investigation, including the 
final ID, the petitions for review, and the responses thereto, the 
Commission has determined to review the final ID in part. In 
particular, the Commission has determined to review the following 
issues:
    (1) Whether the asserted claims are invalid under 35 U.S.C. 103 
over Meiller and/or Park and other references.
    (2) Whether the asserted claims are invalid under 35 U.S.C. 112 for 
indefiniteness related to the claim terms identified by the parties as 
the Volume Terms, including the final ID's discussion of the scope of 
the Volume Terms.
    (3) Whether the accused products infringe the asserted claims of 
the '844 patent, and whether Respondents indirectly infringe the 
asserted claims of the '844 patent.
    (4) Whether Ingevity's sale of its HCA carbons to MAHLE that are 
later incorporated into a subset of Accused Canisters that also contain 
BAX carbons exhausts Ingevity's patent rights as to those Accused 
Canisters.
    (5) Whether Ingevity satisfied the domestic industry requirement of 
section 337.
    (6) Whether Ingevity demonstrated satisfaction of the importation 
requirement of section 337, as set forth in the final ID beginning on 
page 34 through the carryover paragraph on page 35.
    (7) Whether Ingevity illegally tied the sales of its products to 
allowing its customers to practice the '844 patent.
    The Commission has determined to not review the remainder of the 
final ID.
    The Commission has determined to take no position on the issues 
under review. Accordingly, this investigation is terminated with a 
finding of no violation of section 337 based on the unreviewed findings 
of the final ID that the asserted claims have been shown to be invalid 
under 35 U.S.C. 102 and/or 35 U.S.C. 103 over the Delphi prior 
invention, or the combination of the Delphi prior invention with other 
references. This investigation is hereby terminated.
    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: April 7, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-07589 Filed 4-9-20; 8:45 am]
 BILLING CODE 7020-02-P