TECHTRONIC INDUSTRIES CO. LTD., TECHTRONIC INDUSTRIES NORTH AMERICA, INC., ONE WORLD TECHNOLOGIES, INC., OWT INDUSTRIES, INC., ET TECHNOLOGY (WUXI) CO. LTD., Appellants
INTERNATIONAL TRADE COMMISSION, Appellee THE CHAMBERLAIN GROUP, INC., Intervenor
from the United States International Trade Commission in
Investigation No. 337-TA-1016.
C. White, Morgan, Lewis & Bockius LLP, Chicago, IL,
argued for appellants. Also represented by William R.
Peterson, Houston, TX; Julie S. Goldemberg, Philadelphia, PA;
Susan Baker Manning, Eric S. Namrow, Washington, DC.
Paul Bretscher, Office of the General Counsel, United States
International Trade Commission, Washington, DC, argued for
appellee. Also represented by Dominic L. Bianchi, Wayne W.
Herrington, Sidney A. Rosenzweig.
Katherine Vidal, Winston & Strawn LLP, Menlo Park, CA,
argued for intervenor. Also represented by Matthew R.
McCullough, Michael Rueckheim; Robert P. Courtney, Fish &
Richardson P.C., Minneapolis, MN; Joseph V. Colaianni, Jr.,
Washington, DC; Benjamin Elacqua, Houston, TX.
Lourie, Dyk, and Wallach, Circuit Judges.
LOURIE, CIRCUIT JUDGE.
Industries Co. Ltd. and Techtronic Industries North America
Inc. ("TTI"), One World Technologies Inc. and OWT
Industries Inc. ("One World"), and ET Technology
(Wuxi) Co. Ltd. ("ET") (collectively,
"Appellants") appeal from a final determination of
the United States International Trade Commission (the
"Commission"), rendered under Section 337 of the
Tariff Act of 1930, codified as amended at 19 U.S.C. §
1337 (2018). Following an investigation, the Commission
determined that each of the Appellants violated Section
337(a)(1)(B) through the importation of garage door opener
products that infringe claims 1-4, 7-12, 15, and 16 of U.S.
Patent 7, 161, 319 (the "'319 patent").
Certain Access Control Systems and Components
Thereof, Inv. No. 337-TA-1016, USITC Pub. 4957, 2018 WL
8519593, at *1 ("Commission
Determination") (Mar. 23, 2018); Notice of Final
Determination in USITC Inv. No. 337-TA-1016, 83 Fed. Reg. 13,
517 (Mar. 29, 2018). The Commission then entered limited
exclusion orders against each of the Appellants and cease and
desist orders against TTI and One World (collectively, the
"Remedial Orders"). See Commission
Determination, 2018 WL 8519593, at *22-24; 83 Fed. Reg.
conclude that the Commission erred in its construction of
"wall console," a term in each of the '319
patent claims. Accordingly, we reverse its construction and
its final determination of infringement, and we vacate the
Chamberlain Group Inc. ("Chamberlain") develops and
markets garage door opener technology. It owns the '319
patent, which discloses improved "movable barrier
operators," such as garage door openers. '319 patent
col. 1 ll. 14-20. The '319 patent explains that passive
infrared detectors had been used in prior art garage door
openers "for the detection of a person in a particular
vicinity" and for automatically controlling
functionality-such as lights or the motion of the garage
door-accordingly. Id. col. 1 ll. 21-50. Passive
infrared detectors were often associated with the head unit
of the garage door opener, an approach the '319 patent
describes as "expensive," "fragile,"
"deficient," and even potentially unsafe.
Id. col. 1 l. 51-col. 2 l. 3. The patent describes
that there was a need for "a passive infrared detector
for controlling illumination from a garage door operator
which could be quickly and easily retrofitted to existing
garage door operators." Id. col. 2 ll. 4-7.
'319 patent discloses as its invention "a passive
infrared detector for a garage door operator," '319
patent col. 2 l. 13, where "the infrared detector . . .
[is] contained in a wall control unit," along with an
ambient light comparator and a microcontroller. Id.
col. 2 ll. 17-19. The comparator provides a signal to the
microcontroller indicating the status of the lights in the
garage, and the microcontroller "communicates over the
lines carrying the normal wall control switch signals with a
microcontroller in a head unit of the garage door"
opener, id. col. 2 ll. 36-38, using
"conventional signaling channels," id.
col. 2 ll. 66-67. The '319 patent proposes methods of
programming the wall control unit's microcontroller to
control the head unit. The patent also discloses a preferred
embodiment, which is illustrated in the figures. The
preferred embodiment contains "a wall control unit
embodying the present invention," id. col. 4 l.
5, "includ[ing] a passive infrared sensor,"
id. col. 4 ll. 22-23, and a microcontroller
programmed to command a counterpart microcontroller in the
head unit using known digital signaling techniques, like
pulse width modulation. Claim 1, recited below, is
1. An improved garage door opener comprising
a motor drive unit for opening and closing a garage door,
said motor drive unit having a microcontroller
and a wall console, said wall console
having a microcontroller,
said microcontroller of said motor drive unit being connected
to the microcontroller of the wall console by means ...