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Complaint, Pursuant to Commission Rule 210.8(A)(1)(I);

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Complaint, Pursuant to Commission Rule 210.8(A)(1)(I); DEANNA TANNER OKUN Tel: (202) 407-8615 ▪ [email protected] January 15, 2020 VIA ELECTRONIC FILING The Honorable Lisa R. Barton Secretary to the Commission U.S. INTERNATIONAL TRADE COMMISSION 500 E Street, SW, Room 112-A Washington, D.C. 20436 Re: Certain Portable Battery Jump Starters & Components Thereof, Inv. No. 337-TA-___ Dear Secretary Barton: In accordance with the Commission’s Temporary Change to Filing Procedures dated March 16, 2020, Complainant The NOCO Company (“NOCO”) submits the following documents in support of their request that the Commission commence an investigation pursuant to Section 337 of the Tariff Act of 1930, as amended, concerning certain portable battery jump starters and components thereof. Complainants submit the following documents for filing: 1. One (1) electronic copy of Complainants’ verified Complaint, pursuant to Commission Rule 210.8(a)(1)(i); 2. One (1) electronic copy of the public exhibits and public versions of the confidential exhibits to the Complaint, pursuant to Commission Rules 210.8(a)(1)(i) and 210.12(a)(9)1; 3. One (1) electronic copy of the confidential exhibits to the Complaint, reference in the Complaint as Confidential Exhibit Nos. 5C, 10C, 44C, and 105C pursuant to Commission Rules 201.6(c) and 210.8(a)(1)(ii); 4. One (1) electronic copy of the certified prosecution histories of each of the Asserted Patents included as Appendices A1 and B1 to the Complaint, pursuant to Commission Rule 210.12(c)(1); ATTORNEYS AT LAW 1133 CONNECTICUT AVENUE, NW WASHINGTON, DC 20036 Tel: (202) 467-6300 Fax: (202) 466-2006 www.adduci.com The Honorable Lisa R. Barton January 15, 2021 Page 2 5. Complainant has ordered certified copies of the assignments for the Asserted Patents cited in the Complaint and will supplement the complaint with those documents once they arrive, pursuant to Commission Rule 210.12(a)(9)(ii); 6. One (1) electronic copy of each patent and technical reference mentioned in the prosecution history of each of the Asserted Patents included as Appendices A2 and B2 pursuant to Commission Rule 210.12(c)(2); 7. One (1) electronic copy of NOCO’s letter and certification pursuant to Commission Rules 201.6(b) and 210.5(d) requesting confidential treatment of information appearing in Confidential Exhibit Nos. 5C, 10C, 44C, and 105C; 8. A Statement Regarding the Public Interest regarding the remedial orders sought by Complainants, pursuant to Commission Rule 210.8(b). Please contact me with any questions regarding this submission. Thank you for your attention to this matter. Respectfully submitted, /s/ Deanna Tanner Okun Deanna Tanner Okun V. James Adduci, II Lauren E. Peterson Juan J. Garcia ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P. 1133 Connecticut Avenue, N.W., 12th Floor Washington, DC 20036 Telephone: (202) 467-6300 Facsimile: (202) 466-2006 E-Mail: [email protected] Michael J. Garvin VORYS, SATER, SEYMOUR AND PEASE LLP 200 Public Square Suite 1400 Cleveland, OH 44114-2327 Telephone: (216) 479-6100 Facsimile: (216) 479-6060 Email: [email protected] Rex W. Miller, II VORYS, SATER, SEYMOUR AND PEASE LLP 52 East Gay Street The Honorable Lisa R. Barton January 15, 2021 Page 3 Columbus, OH 43215 Telephone: (614) 464-6207 Facsimile: (614) 719-4766 Email: [email protected] Counsel for Complainant The NOCO Company DEANNA TANNER OKUN Tel: (202) 407-8615 ▪ [email protected] January 15, 2020 VIA ELECTRONIC FILING REQUEST FOR CONFIDENTIAL TREATMENT & CERTIFICATON REGARDING REQUEST FOR CONFIDENTIAL TREATMENT The Honorable Lisa R. Barton Secretary to the Commission U.S. INTERNATIONAL TRADE COMMISSION 500 E Street, SW, Room 112-A Washington, D.C. 20436 Re: Certain Portable Battery Jump Starters & Components Thereof, Inv. No. 337-TA-___ Dear Secretary Barton: In accordance with Commission Rules 210.5(d) and 210.6(b)(1), 19 C.F.R. §§ 201.5 and 210.6, Complainant The NOCO Company (“Complainant”) respectfully requests confidential treatment of the business information contained in the Verified Confidential Complaint and Confidential Exhibits 5C, 10C, 44C, and 105C. The information contained in the Verified Confidential Complaint and Confidential Exhibits 5C, 10C, 44C, and 105C qualifies as confidential business information pursuant to Commission Rule 201.6 because: a. It is not available to the public; b. Unauthorized disclosure of such information could cause substantial harm to Complainant’s competitive position; and c. Its disclosure could impair the Commission’s ability to obtain information necessary to perform its statutory function. I certify that the proprietary commercial information, proprietary commercial relationships, and/or proprietary business information contained in the Confidential Complaint and Confidential Exhibits 5C, 10C, 44C, and 105C is not reasonably available to the public, and thus warrants confidential treatment. ATTORNEYS AT LAW 1133 CONNECTICUT AVENUE, NW WASHINGTON, DC 20036 Tel: (202) 467-6300 Fax: (202) 466-2006 www.adduci.com The Honorable Lisa R. Barton January 15, 2021 Page 2 Thank you for your attention to this matter. Please contact me with any questions regarding this submission. Respectfully submitted, /s/ Deanna Tanner Okun Deanna Tanner Okun V. James Adduci, II Lauren E. Peterson Juan J. Garcia ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P. 1133 Connecticut Avenue, N.W., 12th Floor Washington, DC 20036 Telephone: (202) 467-6300 Facsimile: (202) 466-2006 E-Mail: [email protected] Michael J. Garvin VORYS, SATER, SEYMOUR AND PEASE LLP 200 Public Square Suite 1400 Cleveland, OH 44114-2327 Telephone: (216) 479-6100 Facsimile: (216) 479-6060 Email: [email protected] Rex W. Miller, II VORYS, SATER, SEYMOUR AND PEASE LLP 52 East Gay Street Columbus, OH 43215 Telephone: (614) 464-6207 Facsimile: (614) 719-4766 Email: [email protected] Counsel for Complainant The NOCO Company UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC In the Matter of CERTAIN PORTABLE BATTERY Investigation No. 337-TA-____ JUMP STARTERS AND COMPONENTS THEREOF CERTIFICATION REGARDING REQUEST FOR CONFIDENTIAL TREATMENT I, Deanna Tanner Okun, counsel for Complainant The NOCO Company (“Complainant”), declare as follows: 1. I have reviewed Complainant’s Verified Confidential Exhibit Nos. 5C, 10C, 44C, and 105C (“the Confidential Exhibits”) filed concurrently with this Certification. 2. The Confidential Exhibits contain the following confidential business information of Complainant: a. proprietary information not available to the public; and b. confidential information related to the terms of agreements between Complainant and other parties regarding the Asserted Patents. 3. Disclosure of the information in the Verified Confidential Complaint and the Confidential Exhibits to the public would cause substantial harm to Complainant and its competitive position. I declare under penalty of perjury that the foregoing is true and correct. Executed this 15th day of January 2021 in Washington, D.C. _/s/ Deanna Tanner Okun____________________ Deanna Tanner Okun ADDUCI, MASTRIANI & SCHAUMBERG, LLP 1 1133 Connecticut Avenue, NW, 12th Floor Washington, DC 20036 Telephone: (202) 467-6300 Facsimile: (202) 466-2006 Counsel for Complainant The NOCO Company 2 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. In the Matter of CERTAIN PORTABLE BATTERY JUMP Investigation No. 337-TA-____ STARTERS AND COMPONENTS THEREOF STATEMENT REGARDING THE PUBLIC INTEREST BY COMPLAINANT THE NOCO COMPANY Pursuant to Commission Rule 210.8(b), 19 C.F.R. § 210.8(b), Complainant The NOCO Company (“NOCO” or “Complainant”) respectfully submits this Statement Regarding the Public Interest. NOCO seeks a general exclusion order and cease and desist orders against Proposed Respondents’ portable battery jump starters and components thereof that infringe U.S. Patent Nos. 9,007,015 (“’015 Patent) and/or 10,604,024 (“’024 Patent”), (collectively, the “Asserted Patents”) and/or the U.S. Trademark Reg. Nos. 4,811,656 (“’656 Trademark”) and/or 4,811,749 (“’749 Trademark”), (collectively, the “Asserted Trademarks”). NOCO is a family company that was founded in the United States over 100 years ago. Today, NOCO is still a leading innovator in the automotive battery industry, and designs and manufactures premium consumer battery chargers, jump starters, solar panels, and portable power devices as well as a wide range of related battery products and accessories. As discussed more fully below, the exclusion of the Proposed Respondents’ infringing products (“Accused Products”) from the United States will have no adverse effect on the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In addition, the requested remedial orders further the Commission’s long-standing goal of enforcing intellectual property rights. See, e.g., Certain Baseband Processor Chips & Chipsets, Transmitter & Receiver (Radio) Chips, Power Control Chips, Inv. No. 337-TA- 1 543, USITC Pub. 4258, at 136-137 (Oct. 2011). The Commission should therefore decline to delegate consideration of public interest issues to the Administrative Law Judge (“ALJ”). A. Use of the Accused Products in the United States The Accused Products potentially subject to a general exclusion order and cease and desist orders are portable jump starters that are powered by lithium-ion batteries, as well as components used in operating the same, including cables. The Asserted Patents relate to the incorporation of a power switch actuated by a microcontroller such that power will be delivered from the lithium-ion power pack to terminals of the battery to be jump started only when the battery is connected to the jump starter with the proper polarity of positive and negative terminals. This invention solves the problem of sparking or potential damage to the battery and/or bodily injury when the jumper terminals or clamps of the cables are inadvertently brought in contact with each other, or when positive and negative terminals are connected to the opposite polarity terminals in the vehicle to be jumped into portable lithium-ion battery jump starters. NOCO developed these patented features and has used them continuously in its Boost® jump starters.
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