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Public Version PUBLIC VERSION UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of CERTAIN LIGHT-EMITTING DIODE INV. NO. 337-TA-1213 PRODUCTS, FIXTURES, AND COMPONENTS THEREOF INITIAL DETERMINATION ON VIOLATION OF SECTION 337 AND RECOMMENDED DETERMINATION ON REMEDY AND BOND Administrative Law Judge Clark S. Cheney (August 17, 2021) Appearances: For Complainant IDEAL INDUSTRIES LIGHTING LLC d/b/a Cree Lighting: S. Alex Lasher of Quinn Emmanuel Urquhart & Sullivan, LLP, of Washington, D.C. Raymond N. Nimrod, Richard W. Erwine, and Matthew Robson of Quinn Emmanuel Urquhart & Sullivan, LLP, of New York, NY Nathan Hamstra of Quinn Emmanuel Urquhart & Sullivan, LLP, of Chicago, IL For Respondent RAB Lighting Inc.: David A. Hickerson, George C. Beck, Bradley Roush, Kiri Lee Sharon, and Molly Hayssen of Foley & Lardner LLP of Washington, DC Jonathan E. Moskin of Foley & Lardner LLP of New York, NY PUBLIC VERSION Table of Contents I. Introduction ......................................................................................................................... 2 A. Procedural History .............................................................................................................. 2 B. The Private Parties .............................................................................................................. 4 1. Complainants ................................................................................................................ 4 2. Respondents .................................................................................................................. 4 C. The Asserted Patents ........................................................................................................... 5 1. U.S. Patent No. 8,403,531............................................................................................. 5 2. U.S. Patent No. 8,596,819............................................................................................. 6 3. U.S. Patent No. 8,777,449............................................................................................. 7 4. U.S. Patent No. 9,261,270............................................................................................. 8 5. U.S. Patent No. 9,476,570............................................................................................. 8 D. The Technologies at Issue ................................................................................................. 10 1. Wall Plug Efficiency (’531 and ’819 Patents) ............................................................ 10 2. Recessed Light Fixtures (’449 Patent) ........................................................................ 12 3. Heat Dispersal (’270 Patent) ....................................................................................... 13 4. LED Lenses (’570 Patent) ........................................................................................... 14 E. The Accused Products....................................................................................................... 14 F. The Domestic Industry Products ....................................................................................... 15 II. Jurisdiction & Importation ................................................................................................ 16 A. Subject Matter Jurisdiction ............................................................................................... 16 B. Personal Jurisdiction ......................................................................................................... 16 C. Importation ........................................................................................................................ 17 D. In Rem Jurisdiction ........................................................................................................... 17 E. Standing ............................................................................................................................ 17 III. Level of Ordinary Skill in the Art ..................................................................................... 17 IV. The ’531 Patent ................................................................................................................. 18 A. Infringement ...................................................................................................................... 18 B. Technical Prong of the Domestic Industry Requirement .................................................. 18 C. Defenses to Infringement .................................................................................................. 19 1. Patent Ineligible Subject Matter (§ 101) ..................................................................... 19 2. Enablement ................................................................................................................. 28 ii PUBLIC VERSION 3. Written Description ..................................................................................................... 37 4. Definiteness................................................................................................................. 44 5. Anticipation................................................................................................................. 44 6. Obviousness ................................................................................................................ 53 V. The ’819 Patent ................................................................................................................. 58 A. Infringement ...................................................................................................................... 58 B. Technical Prong of the Domestic Industry Requirement .................................................. 58 C. Defenses to Infringement .................................................................................................. 58 1. Patent Ineligible Subject Matter (§101) ...................................................................... 59 2. Enablement ................................................................................................................. 59 3. Written Description ..................................................................................................... 61 4. Definiteness................................................................................................................. 61 5. Anticipation................................................................................................................. 62 VI. The ’449 Patent ................................................................................................................. 76 A. Claim Construction ........................................................................................................... 76 B. Infringement ...................................................................................................................... 76 1. [Claim 10.0] “a lighting device” ................................................................................. 78 2. [Claim 10.1] “a trim element” .................................................................................... 79 3. [Claim 10.2] “an electrical connector” ....................................................................... 82 4. [Claim 10.3] “at least a first driver component” ......................................................... 82 5. [Claim 10.4] “at least one solid state light emitter” .................................................... 83 6. [Claim 10.5] “weighing less than 750 grams” ............................................................ 84 7. [Claim 10.6] “at least one of the at least one solid state light emitter mounted on the trim element”......................................................................................................... 84 8. [Claim 10.7] “the trim element defining a trim element space” ................................. 84 9. [Claim 10.8] “the first driver component in the trim element space” ......................... 85 10. [Claim 10.9] “wherein if not more than about 15 watts is supplied to the electrical connector, the at least one solid state light emitter will illuminate so that the lighting device will emit white light of at least 500 lumens” ........................ 86 11. Conclusion .................................................................................................................. 86 C. Technical Prong of the Domestic Industry Requirement .................................................. 86 1. [Claim 10.0] “a lighting device” ................................................................................. 87 2. [Claim 10.1] “a trim element” .................................................................................... 87 3. [Claim 10.2] “an electrical connector” ....................................................................... 89 iii PUBLIC VERSION 4. [Claim 10.3] “at least a first driver component” ......................................................... 89 5. [Claim 10.4] “at least one solid state light emitter” .................................................... 90 6. [Claim 10.5] “the lighting device weighing less than 750 grams” ............................. 90 7. [Claim 10.6] “at least one of the at least one solid state light emitter mounted on the trim element”......................................................................................................... 90 8. [Claim 10.7] “the trim element
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