Bissell, Inc., Bissell Homecare, Inc. v. International Trade Commission

United States Court of Appeals
for the Federal Circuit
______________________
BISSELL, INC., BISSELL HOMECARE, INC.,
Appellants
v.
INTERNATIONAL TRADE COMMISSION,
Appellee
TINECO INTELLIGENT TECHNOLOGY CO., LTD.,
TINECO INTELLIGENT, INC., TEK (HONG KONG)
SCIENCE & TECHNOLOGY LTD.,
Intervenors
--------------------------------------------------
TINECO INTELLIGENT TECHNOLOGY CO., LTD.,
TINECO INTELLIGENT, INC., TEK (HONG KONG)
SCIENCE & TECHNOLOGY LTD.,
Appellants
v.
INTERNATIONAL TRADE COMMISSION,
Appellee
BISSELL, INC., BISSELL HOMECARE, INC.,
Intervenors
______________________
2024-1509, 2024-1709
______________________
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BISSELL, INC. v. ITC 2
Appeals from the United States International Trade
Commission in Investigation No. 337-TA-1304.
______________________
Decided: May 11, 2026
______________________
MICHAEL HAWES , Baker Botts LLP, Houston, TX, ar-
gued for appellants. Also represented by L ORI D ING; L ISA
M. K ATTAN, T HOMAS CHISMAN MARTIN, Washington, DC;
K EVIN P.B. J OHNSON, Quinn Emanuel Urquhart & Sulli-
van, LLP, Redwood Shores, CA; S COTT ALEX L ASHER , BRIAN
L. SAUNDERS , Washington, DC; SAM STEPHEN STAKE, San
Francisco, CA.
L YNDE F AUN HERZBACH , Office of the General Counsel,
United States International Trade Commission, Washing-
ton, DC, argued for appellee. Also represented by
MICHELLE W. K LANCNIK.
G REGORY A. CASTANIAS , Jones Day, Washington, DC,
argued for intervenors. Also represented by MARC
BLACKMAN, M ATTHEW J. HERTKO, Chicago, IL; D AVID
MICHAEL MAIORANA , Cleveland, OH; KEVIN VINCENT
MCCARTHY , New York, NY.
______________________
Before M OORE, Chief Judge, T ARANTO and STOLL , Circuit
Judges.
STOLL , Circuit Judge.
Bissell, Inc. and Bissell Homecare, Inc. filed a com-
plaint at the United States International Trade Commis-
sion alleging that Tineco Intelligent Technology Co., Ltd.;
TEK (Hong Kong) Science & Technology Ltd.; and Tineco
Intelligent, Inc. violated Section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. § 1337, through the importa-
tion and sale of wet dry surface cleaning devices that
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BISSELL, INC. v. ITC 3
infringe certain claims of U.S. Patent Nos. 11,076,735
and 11,071,428. After conducting an investigation, the
Commission barred Tineco from importing certain of its ac-
cused products that were found to infringe claims of the
’735 and ’428 patents. But, after the complaint was filed,
Tineco redesigned the accused products; the Commission
determined that Tineco’s redesigned products did not in-
fringe certain claims of the asserted patents, and thus no
exclusion order was entered for them. Bissell appeals the
no violation finding as to Tineco’s redesigned products,
challenging the Commission’s finding of no infringement.
Tineco cross-appeals, challenging the Commission’s find-
ing that Bissell has a technical domestic industry, as well
as certain infringement findings relevant to both Tineco’s
original and redesigned accused products. For the reasons
set forth below, we affirm the Commission’s Final Determi-
nation in full.
BACKGROUND
I
The ’735 and ’428 patents are titled “Surface Cleaning
Apparatus” and share a specification. U.S. Patent
No. 11,076,735 Title; U.S. Patent No. 11,071,428 Title.1
One embodiment of the invention has “a storage tray that
can be used during a self-cleaning mode” and “can also re-
charge a battery of the apparatus,” where “during the
cleanout cycle, battery charging can be disabled.” See, e.g.,
’735 patent col. 1 ll. 45–56. The specification explains that
“the battery [] does not recharge during the self-cleaning
mode” and that this “operational behavior is beneficial be-
cause if the battery charging circuit [] is not disabled and
power not supplied by the battery [] during the self-
1 We cite to the specification for the ’735 patent
throughout the remainder of this opinion.
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BISSELL, INC. v. ITC 4
cleaning mode, the capacity of the wall charger [] can be
exceeded.” Id. at col. 25 ll. 34–42.
Claim 1 of the ’735 patent is illustrative and recites in
relevant part:
1. A floor cleaning system, comprising:
a surface cleaning apparatus comprising:
. . .
a recovery system comprising a recovery
pathway, a recovery tank, a suction nozzle,
and a vacuum motor;
a brushroll within the recovery pathway of
the recovery system;
a brushroll motor operably coupled to the
brushroll for rotating the brushroll,
wherein the suction nozzle is configured to
extract fluid and debris from the brushroll;
a rechargeable battery selectively powering
the pump, the vacuum motor, and the
brushroll motor;
. . .
a self-cleaning mode input control disposed
on the upright body and configured to initi-
ate an unattended automatic cleanout cycle
for a self-cleaning mode of operation during
which the pump, the brushroll motor, and
the vacuum motor are energized, . . .
wherein the surface cleaning apparatus comprises
a battery charging circuit controlling the recharg-
ing of the rechargeable battery, wherein the battery
charging circuit is disabled by the actuation of the
self-cleaning mode input control and remains disa-
bled during the unattended automatic cleanout cy-
cle.
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BISSELL, INC. v. ITC 5
Id. at col. 27 l. 26–col. 28 l. 17 (emphases added to high-
light the limitations at issue on appeal).
II
Bissell filed a complaint against Tineco at the Commis-
sion alleging violations of Section 337 because certain of
Tineco’s wet dry surface cleaning devices infringe
claims 1, 13, and 15 of the ’735 patent and claim 1 of the
’428 patent, along with claims in three other patents that
are not relevant to this appeal. The parties identified as
representative for Tineco’s original accused products
Tineco’s Floor One S3 and Floor One S5 Pro. After institu-
tion of the Investigation, Tineco also introduced redesigned
accused products with altered source code. Bissell identi-
fied domestic industry products as well.
Following an evidentiary hearing, the Administrative
Law Judge issued its Initial Determination finding that
Tineco’s original accused products infringed the asserted
claims but the redesigned accused products did not because
they failed to meet the limitation “the battery charging cir-
cuit is disabled by the actuation of the self-cleaning mode
input control and remains disabled during the unattended
automatic cleanout cycle.” For the disabled battery limita-
tion, the parties did not dispute that the original accused
products met this limitation. For the redesigned accused
products, the Administrative Law Judge found that
(1) those products have a self-cleaning button on the han-
dle, (2) when a user presses the self-cleaning button, the
devices audibly announce “start self-cleaning,” and (3) the
devices then perform what Tineco’s product manuals refer
to as a “self-cleaning cycle” for a period of 120 seconds.
J.A. 204 (citations omitted).2 The parties agreed that the
2 The Initial Determination is available at Certain
Wet Dry Surface Cleaning Devices, USITC Inv. No. 337-TA-
1304, 2023 WL 2824398 (Mar. 24, 2023), however, the ver-
sion reported in Westlaw does not include the graphic
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BISSELL, INC. v. ITC 7
J.A. 205–06 (citations omitted). Thus, according to
Dr. Sorensen, as long as there was a period of time that the
pump, the brushroll motor, and the vacuum motor are en-
ergized and the battery charging circuit remains off,
Tineco’s redesigned accused products still practiced the dis-
abled battery limitation—like from the time period of
4 to 20 seconds shown in the diagrams above. The Admin-
istrative Law Judge, however, found Dr. Sorensen’s theo-
ries not “credible or persuasive.” J.A. 206–08.
The Administrative Law Judge also found that Tineco’s
redesigned accused products did not meet the disabled bat-
tery limitation under the doctrine of equivalents. The Ad-
ministrative Law Judge again found Dr. Sorensen not
persuasive in opining “that a battery circuit that does the
opposite [of what the claim requires] (i.e., a battery circuit
that charges during an automatic cleanout cycle) is insub-
stantially different from the claim.” J.A. 209.
The Administrative Law Judge further found that
Tineco’s accused products met the limitation “a brushroll
within the recovery pathway of the recovery system.” Bis-
sell contended that this limitation was met because the re-
covery pathway is “essentially all the[] places that the fluid
flows in the course of being recovered,” which encompasses
the entire brushroll. J.A. 192 (citation omitted). Tineco
contended that the recovery pathway was more limited,
with the brushroll being “behind” or “adjacent” to Bissell’s
alleged recovery pathway. J.A. 192–93 (citation omitted).
The Administrative Law Judge found Bissell’s theory more
persuasive, but also alternatively found that, even under
Tineco’s theory, the brushroll in the accused products is
still within the recovery pathway. J.A. 194. The Adminis-
trative Law Judge reasoned that Tineco’s expert,
Mr. Smith, conceded that a brushroll that was at least
50 percent “enclosed by” or “inside of” the recovery path-
way was “within” the recovery pathway, and there was no
material difference between a brushroll that was 50 per-
cent “inside of” the recovery pathway and the brushroll of
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BISSELL, INC. v. ITC 8
the accused products as illustrated in Tineco’s own demon-
stratives. J.A. 194–95.
The Administrative Law Judge also determined that
Tineco’s accused products met the limitation “the suction
nozzle is configured to extract fluid and debris from the
brushroll.” The Administrative Law Judge found that,
even if the metal blade found in the accused products is the
primary means of removing fluid and debris from the
brushroll, it is not the exclusive means of doing so. The
Administrative Law Judge considered evidence from
Tineco’s expert that the suction nozzle in the accused prod-
ucts had enough power to suction fluid and debris “directly
off of the floor,” J.A. 13287 (Hearing Tr. 881:18–24), from
which the Administrative Law Judge found “it more likely
than not that the suction nozzle is powerful enough to suc-
tion at least some fluid and debris directly from the brush-
roll, which is located closer to the suction inlet.” J.A. 198.
The Administrative Law Judge pointed to additional evi-
dence to “further confirm[] that the metal blade is not the
exclusive means of extracting fluid and debris from the
brushroll.” J.A. 199 (citing J.A. 30583; J.A. 12669–70
(Hearing Tr. 265:19–266:15)).
The Administrative Law Judge also found that Bissell
supported a technical domestic industry, including that
Bissell’s domestic industry products practice the limitation
“wherein the battery charging circuit is disabled by the ac-
tuation of the self-cleaning mode input control and remains
disabled during the unattended automatic cleanout cycle.”
J.A. 323. In so finding, the Administrative Law Judge re-
lied on testimony from Bissell’s expert that the source code
for the domestic industry products showed that the battery
charging circuit was disabled by the actuation of the self-
cleaning mode input control and remained disabled during
the unattended cleanout cycle. See J.A. 12714 (Hearing
Tr. 310:16–24).
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BISSELL, INC. v. ITC 9
III
Both parties petitioned for Commission review of the
Initial Determination, and while the Commission reviewed
certain parts of the decision, it did not review any of the
issues subject to this appeal. See Certain Wet Dry Surface
Cleaning Devices, USITC Inv. No. 337-TA-1304, 2023 WL
8869119, at *3 (Dec. 18, 2023). Instead, the Commission
adopted the Administrative Law Judge’s findings as its
own. See id. The Commission then entered a limited ex-
clusion order preventing Tineco from importing into the
United States the original accused products that infringe
the asserted claims of the ’735 and ’428 patents. See id.
at *4.
Bissell appeals and Tineco cross-appeals. We have ju-
risdiction under 28 U.S.C. § 1295(a)(6).
D ISCUSSION
Bissell appeals the Commission’s findings that Tineco’s
redesigned accused products do not meet the limitation
“wherein the battery charging circuit is disabled by the ac-
tuation of the self-cleaning mode input control and remains
disabled during the unattended automatic cleanout cycle”
either literally or under the doctrine of equivalents. Tineco
cross-appeals the Commission’s findings that (1) Bissell’s
domestic industry products satisfy the same limitation, i.e.,
“wherein the battery charging circuit is disabled by the ac-
tuation of the self-cleaning mode input control and remains
disabled during the unattended automatic cleanout cycle”;
(2) all of Tineco’s accused products meet the limitation “a
brushroll within the recovery pathway of the recovery sys-
tem”; and (3) all of Tineco’s accused products satisfy the
limitation “wherein the suction nozzle is configured to ex-
tract fluid and debris from the brushroll.”
“We review the Commission’s final determinations un-
der the standards of the Administrative Procedure Act.”
Guangdong Alison Hi-Tech Co. v. Int’l Trade Comm’n,
936 F.3d 1353, 1358 (Fed. Cir. 2019) (citation omitted).
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BISSELL, INC. v. ITC 10
“We review the Commission’s factual findings for substan-
tial evidence and its legal determinations de novo.” Id. (ci-
tation omitted). “A finding is supported by substantial
evidence if a reasonable mind might accept a particular ev-
identiary record as adequate to support a conclusion.” Id.
(internal quotation marks omitted) (quoting Dickinson
v. Zurko, 527 U.S. 150, 162 (1999)).
D IRECT APPEAL
We address Bissell’s challenges to the Commission’s
determinations on literal and equivalents infringement to-
gether because they suffer the same problem: Bissell chal-
lenges the Commission’s fact findings only as legal
conclusions. Specifically, Bissell argues that the Adminis-
trative Law Judge relied on an implicit error in claim con-
struction to find that the redesigned accused products do
not literally meet the disabled battery limitation. Like-
wise, Bissell argues that the Administrative Law Judge’s
analysis for why those same products do not meet the same
limitation under the doctrine of equivalents improperly re-
lies on the doctrine of claim vitiation instead of the insub-
stantial differences test.
First, we are not persuaded by Bissell’s assertion that
the Administrative Law Judge construed the disabled bat-
tery limitation—“the battery charging circuit is disabled by
the actuation of the self-cleaning mode input control and
remains disabled during the unattended automatic
cleanout cycle”—for the first time in the Initial Determina-
tion. Review of the Initial Determination shows that, con-
trary to Bissell’s assertion, the Administrative Law Judge
merely applied the plain and ordinary meaning of the claim
language, made credibility determinations finding Bissell’s
expert’s testimony on his theory of infringement neither
“credible or persuasive,” J.A. 207, and found that the rede-
signed accused products do not complete a cleanout cycle
during which the battery charging circuit does not operate.
See J.A. 204–08. This is not a case like Google LLC v. Eco-
Factor, Inc., relied on by Bissell, where the analysis of the
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BISSELL, INC. v. ITC 11
tribunal “established the scope of [a] limitation” when
“there [was] nothing on the face of the claim to discern the
scope and boundaries” imposed by the tribunal. See
92 F.4th 1049, 1056 (Fed. Cir. 2024). As Bissell’s only chal-
lenge relates to an alleged claim construction, and Bissell
does not challenge whether substantial evidence supports
the Commission’s finding, we affirm the Commission’s
finding of no literal infringement as to Tineco’s redesigned
accused products. See Oral Arg. at 4:25–4:48,
https://www.cafc.uscourts.gov/oral-arguments/24-1509_02
042026.mp3 (Bissell’s counsel conceding that Bissell only
challenged literal infringement as a matter of claim con-
struction); see generally Appellants’ Br. 26–41.
Second, as to infringement under the doctrine of equiv-
alents, we are not persuaded by Bissell’s argument that the
Administrative Law Judge relied on the legal doctrine of
claim vitiation instead of making fact findings under the
insubstantial differences test. The Administrative Law
Judge held that it “did not find persuasive [Bissell’s ex-
pert’s] testimony that a battery circuit that does the oppo-
site [of what the claim requires] (i.e., a battery circuit that
charges during an automatic cleanout cycle) is insubstan-
tially different from the claim.” J.A. 209. While the Ad-
ministrative Law Judge also stated that the expert’s
“opinion renders meaningless the ‘remains disabled’ re-
quirement,” id., we do not read this sentence in context to
mean that the Administrative Law Judge did not make fact
findings. We also do not view the Administrative Law
Judge’s analysis—which summarized the parties’ posi-
tions, considered Bissell’s expert’s opinion, and explained
that that opinion was unpersuasive—as legally inade-
quate. See J.A. 209–10. Because Bissell does not dispute
that the Administrative Law Judge’s fact findings are sup-
ported by substantial evidence in its opening brief, see gen-
erally Appellants’ Br. 41–44, we affirm the Commission’s
finding of no infringement under the doctrine of equiva-
lents as to Tineco’s redesigned accused products.
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BISSELL, INC. v. ITC 12
CROSS -APPEAL
I
We now turn to the cross-appeal, beginning with
Tineco’s challenge to the Commission’s finding on domestic
industry. Tineco challenges the Commission’s finding that
Bissell’s domestic industry products satisfy the disabled
battery limitation. Specifically, Tineco argues that the Ad-
ministrative Law Judge erred by relying on Dr. Sorensen’s
testimony that Bissell’s products satisfy this limitation be-
cause he relied on source code that was produced during
discovery but not introduced as evidence at trial. Accord-
ing to Tineco, Bissell’s expert could not rely on the source
code in forming his opinion because Bissell failed to intro-
duce it as an exhibit. We disagree.
Expert testimony may be more extensive than the ex-
hibits that are introduced into an evidentiary record. For
example, under Rule 703 of the Federal Rules of Evidence:
An expert may base an opinion on facts or data in
the case that the expert has been made aware of or
personally observed. If experts in the particular
field would reasonably rely on those kinds of facts
or data in forming an opinion on the subject, they
need not be admissible for the opinion to be admit-
ted.
Fed. R. Evid. 703. Tineco does not cite any law, nor are we
aware of any, that holds otherwise.
Here, there is no dispute that (1) Bissell’s source code
was produced in discovery, (2) Bissell’s expert relied on his
review of the source code to conclude that Bissell’s domestic
industry products satisfied the disabled battery limitation,
(3) experts in this field would reasonably rely on source
code to understand the operation of the domestic industry
products, and (4) Tineco never provided expert opinions or
theories contrary to Dr. Sorensen’s opinions on the issue.
Indeed, in its prehearing brief, Tineco did not even assert
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BISSELL, INC. v. ITC 13
that Bissell’s domestic industry products did not practice
the disabled battery limitation. See J.A. 8447–55. Then,
at the evidentiary hearing, Tineco did not cross-examine
Dr. Sorenson on his testimony that the domestic industry
products practiced this limitation. And while
Dr. Sorenson’s testimony on this limitation is short, see
J.A. 12714 (Hearing Tr. 310:16–24), it was not conclusory,
as he testified that his opinion was based on his review of
the source code. Moreover, had Bissell known that Tineco
was challenging the limitation, it could have asked
Dr. Sorenson for further explanation or introduced the
source code as an exhibit.
Under the circumstances presented in this case, we
hold that an expert can rely on source code without a party
introducing that source code into the evidentiary record at
trial. And to the extent Tineco makes a substantial evi-
dence challenge, Dr. Sorenson’s unrebutted expert testi-
mony relying on his review of the source code provides non-
conclusory, substantial evidence to support the Adminis-
trative Law Judge’s finding that the domestic industry
products met this claim limitation. Additionally, in so find-
ing, the Administrative Law Judge also relied on an inter-
nal Bissell document that states that “[c]harging starts [in
Bissell’s product] once the machine is placed onto the
plugged-in dock. Charging stops once the Clean Out Cycle
runs, then resumes once the cycle completes.” See J.A. 323
(citing JX-0041); J.A. 26545 (JX-0041). For all these rea-
sons, we hold that substantial evidence supports the Com-
mission’s finding that the claim limitation is met by the
domestic industry products.
II
Finally, we turn to Tineco’s last two issues raised on
cross-appeal, both of which involve challenges to the Com-
mission’s fact findings comparing Tineco’s accused prod-
ucts to certain limitations of the asserted patents. We are
unpersuaded by Tineco’s arguments that substantial evi-
dence does not support the Commission’s finding that
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BISSELL, INC. v. ITC 14
Tineco’s accused products meet the “brushroll within the
recovery pathway” limitation or the “suction nozzle” limi-
tation.
First, substantial evidence supports the Administra-
tive Law Judge’s alternative finding that, even under
Tineco’s more narrow view of the “recovery pathway,” the
accused products satisfy the claim requirement that the
brushroll be within the recovery pathway. See J.A. 195
& n.26 (citing J.A. 30195) (explaining that Tineco’s own
demonstrative, based on corresponding expert testimony,
shows “no material difference[] . . . between a brushroll
that is 50% ‘inside of’ the recovery pathway and the brush-
rolls of the accused products”). Tineco, through its expert,
agreed that if at least 50 percent of the brushroll is inside
of the recovery pathway, then the limitation is met. See
J.A. 13369 (Hearing Tr. 963:12–17). The substantial evi-
dence standard merely asks whether “a reasonable mind
might accept a particular evidentiary record as adequate to
support” a fact finding. Guangdong, 936 F.3d at 1358 (in-
ternal quotation marks omitted) (quoting Dickinson,
527 U.S. at 162); see also Medtronic, Inc. v. Teleflex Inno-
vations S.à.r.l., 69 F.4th 1341, 1348 (Fed. Cir. 2023) (ex-
plaining that even “[i]f the evidence will support several
reasonable but contradictory conclusions, we will not find
[a tribunal]’s decision unsupported by substantial evidence
simply because [it] chose one conclusion over another plau-
sible alternative.” (citation omitted)). Because a reasona-
ble fact finder could have relied on Tineco’s own
demonstrative (i.e., J.A. 30195), and its expert testimony,
(i.e., J.A. 13369 (Hearing Tr. 963:12–17)), to conclude that
Tineco’s brushrolls are not materially different from a
brushroll 50 percent inside of the recovery pathway that
concededly practices the claim limitation, we see no error
in the Commission’s finding that Tineco’s accused products
meet this limitation.
Second, substantial evidence also supports the Com-
mission’s finding that Tineco’s products meet the “suction
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BISSELL, INC. v. ITC 15
nozzle” limitation. Tineco’s expert conceded that the suc-
tion nozzle of the accused products suctions fluid and de-
bris off the metal blade, as well as off the floor. See
J.A. 13287 (Hearing Tr. 881:18–24). Based on this, the Ad-
ministrative Law Judge reasonably concluded that it was
more probable than not that the suction nozzle could also
suction fluid and debris off the brushroll, which is between
the suction nozzle and the floor. See J.A. 198. In addition,
Bissell’s expert testified about an experiment he per-
formed, which demonstrated that the suction nozzle in the
accused products is strong enough to extract fluid and de-
bris from the brushroll when the metal blade is removed
from the accused products. See J.A. 199 (citing J.A. 12669–
70 (Hearing Tr. 265:19–266:15)). Substantial evidence
thus supports the finding that a Tineco suction nozzle dur-
ing normal operation of an accused device extracts fluid
and debris from the brushroll, and therefore is configured
to do so. We conclude that, contrary to Tineco’s assertions,
the Administrative Law Judge’s fact finding on this limita-
tion was not based on mere speculation but rather on sub-
stantial evidence. See Guangdong, 936 F.3d at 1358.
CONCLUSION
We have considered Appellants’ and Cross-Appellants’
remaining arguments and find them unpersuasive. For the
foregoing reasons, we affirm the Commission’s Final Deter-
mination.
AFFIRMED
COSTS
Costs to Appellee.
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