Certain Integrated Circuits and Products Containing the Same; Commission Decision Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Settlement Agreement; Termination of the Investigation, 69128-69129 [2014-27458]

Download as PDF rmajette on DSK2VPTVN1PROD with NOTICES 69128 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices and BPI service list. Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission’s notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report. The prehearing staff report in the reviews will be placed in the nonpublic record on Monday, February 23, 2015, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing. The Commission will hold a hearing in connection with the reviews beginning at 9:30 a.m. on Thursday, March 12, 2015, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Thursday, March 5, 2015. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on Friday, March 6, 2015, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions. Each party to the review may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is Tuesday, March 3, 2015. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is Monday, March 23, 2015. In addition, any person who has VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before Monday, March 23, 2015. On Monday, May 4, 2015, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before Wednesday, May 6, 2015, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at http://edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. Issued: November 17, 2014. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–27474 Filed 11–19–14; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–920] Certain Integrated Circuits and Products Containing the Same; Commission Decision Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Settlement Agreement; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 17) terminating the investigation in its entirety based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–5468. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on July 2, 2014, based on a complaint filed by Freescale Semiconductor, Inc. (‘‘Freescale’’) of Austin, Texas. 79 FR 37770–71. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain integrated circuits and products containing the same through the infringement of certain claims of U.S. Patent Nos. 5,962,926; 7,158,432; 7,230,505; 7,518,947; 7,626,276; and 7,746,716. Id. at 37770. The Commission’s notice of investigation named as respondents SUMMARY: E:\FR\FM\20NON1.SGM 20NON1 rmajette on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices MediaTek Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San Jose, California (together, ‘‘MediaTek’’); Acer Inc. of New Taipei City, Taiwan; AmTRAN Technology Co. Ltd. of New Taipei, Taiwan; AmTRAN Logistics, Inc. of Irvine, California; ASUSTek Computer Inc. of Taipei, Taiwan; ASUS Computer International, Inc. of Fremont, California; BLU Products, Inc., of Doral, Florida; Sharp Corporation of Osaka, Japan; Sharp Electronics Corporation of Mahwah, New Jersey; Sharp Electronics Manufacturing Company of America, Inc. of San Diego, California; Sony Corporation of Tokyo, Japan; Sony EMCS (Malaysia) of Penang, Malaysia; Toshiba America Information Systems, Inc. of Irvine, California; Toshiba Logistics America, Inc. of Irvine, California; TPV Display Technology (Xiamen) Co. of Fujian, China; Trend Smart America, Ltd. of Lake Forest, California; Vizio, Inc. of Irvine, California; Yamaha Corporation of Buena Park, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Best Buy Co., Inc. of Richfield, Minnesota; Newegg Inc. of City of Industry, California; Buy.com Inc. d/b/ a Rakuten.com Shopping of Aliso Viejo, California; Walmart Stores, Inc. of Bentonville, Arkansas; Amazon.com, Inc. of Seattle, Washington; B&H Foto & Electronics Corp. of New York, New York; and Costco Wholesale Corporation of Issaquah, Washington (collectively, ‘‘Respondents’’). Id. at 37771. The Office of Unfair Import Investigations was also named as a party to the investigation. Id. On September 29, 2014, Freescale and MediaTek filed a joint motion to terminate the entire investigation with prejudice based on a settlement agreement covering all Respondents. On October 3, 2014, Freescale and MediaTek filed a joint motion for leave to file a corrected version of its motion based on comments received from the ALJ’s attorney-advisor and the Commission Investigative Attorney (‘‘IA’’). On October 7, 2014, the IA filed a response to the corrected motion, and contended that the motion should be granted-in-part. The IA stated that the moving parties’ request to have the investigation terminated ‘‘with prejudice’’ should be denied, because the Commission has previously declined to terminate investigations with prejudice. The IA contended that the remainder of the motion complied with the Commission’s rules, so the investigation should be terminated in its entirety without prejudice. On October 16, 2014, the ALJ issued the subject ID, granting the moving VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 parties’ motion to file a corrected motion and granting-in-part the moving parties’ corrected motion. The ALJ declined to terminate the investigation ‘‘with prejudice.’’ The ALJ found that the remainder of the motion complied with the Commission’s rules. Specifically, the ALJ found that the moving parties had submitted their settlement agreement, and had stated that there were no other agreements, written or oral, express or implied, between Freescale and Respondents concerning the subject matter of the investigation, and that the termination of the investigation does not impose any undue burden on the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers. The ALJ thus terminated the investigation in its entirety without prejudice based on the settlement agreement. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. 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: November 14, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–27458 Filed 11–19–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–927] Certain Noise Cancelling Headphones and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 7) issued by the presiding administrative law judge (‘‘ALJ’’) granting a joint motion to terminate the investigation based on a settlement agreement. SUMMARY: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 69129 FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3115. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov . The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, on September 2, 2014, based on a complaint filed by Bose Corporation of Framingham, Massachusetts (‘‘Bose’’). See 79 FR 52041 (Sep. 2, 2014). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain noise cancelling headphones and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,717,537; 8,073,150; 8,073,151; 8,054,992; and 8,345,888. The respondents named in the Commission’s notice of investigation are Beats Electronics, LLC of Culver City, California; Beats Electronics International Ltd. of Dublin, Ireland; Fugang Electronic (Dong Guan) Co. Ltd. of Guang-Dong, China; and PCH International Ltd. of Blackrock, Cork, Ireland (collectively, ‘‘Beats’’). A Commission investigative attorney (‘‘the IA’’) is participating in the investigation. On October 10, 2014, complainant Bose and respondents Beats filed a joint motion to terminate this investigation in its entirety based on a settlement agreement, and a memorandum in support thereof. The IA filed a response supporting the motion. On October 15, 2014, the ALJ issued the subject ID finding that the joint motion complies with the Commission Rules. The ALJ found that termination of the investigation is in the public interest inasmuch as termination would E:\FR\FM\20NON1.SGM 20NON1

Agencies

[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Notices]
[Pages 69128-69129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27458]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-920]


Certain Integrated Circuits and Products Containing the Same; 
Commission Decision Not To Review an Initial Determination Terminating 
the Investigation in Its Entirety Based on a Settlement Agreement; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 17) 
terminating the investigation in its entirety based on a settlement 
agreement.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on July 2, 2014, based on a complaint filed by Freescale Semiconductor, 
Inc. (``Freescale'') of Austin, Texas. 79 FR 37770-71. The complaint 
alleges violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain integrated circuits and products containing the 
same through the infringement of certain claims of U.S. Patent Nos. 
5,962,926; 7,158,432; 7,230,505; 7,518,947; 7,626,276; and 7,746,716. 
Id. at 37770. The Commission's notice of investigation named as 
respondents

[[Page 69129]]

MediaTek Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San 
Jose, California (together, ``MediaTek''); Acer Inc. of New Taipei 
City, Taiwan; AmTRAN Technology Co. Ltd. of New Taipei, Taiwan; AmTRAN 
Logistics, Inc. of Irvine, California; ASUSTek Computer Inc. of Taipei, 
Taiwan; ASUS Computer International, Inc. of Fremont, California; BLU 
Products, Inc., of Doral, Florida; Sharp Corporation of Osaka, Japan; 
Sharp Electronics Corporation of Mahwah, New Jersey; Sharp Electronics 
Manufacturing Company of America, Inc. of San Diego, California; Sony 
Corporation of Tokyo, Japan; Sony EMCS (Malaysia) of Penang, Malaysia; 
Toshiba America Information Systems, Inc. of Irvine, California; 
Toshiba Logistics America, Inc. of Irvine, California; TPV Display 
Technology (Xiamen) Co. of Fujian, China; Trend Smart America, Ltd. of 
Lake Forest, California; Vizio, Inc. of Irvine, California; Yamaha 
Corporation of Buena Park, California; Lenovo Group Ltd. of Beijing, 
China; Lenovo (United States) Inc. of Morrisville, North Carolina; Best 
Buy Co., Inc. of Richfield, Minnesota; Newegg Inc. of City of Industry, 
California; Buy.com Inc. d/b/a Rakuten.com Shopping of Aliso Viejo, 
California; Walmart Stores, Inc. of Bentonville, Arkansas; Amazon.com, 
Inc. of Seattle, Washington; B&H Foto & Electronics Corp. of New York, 
New York; and Costco Wholesale Corporation of Issaquah, Washington 
(collectively, ``Respondents''). Id. at 37771. The Office of Unfair 
Import Investigations was also named as a party to the investigation. 
Id.
    On September 29, 2014, Freescale and MediaTek filed a joint motion 
to terminate the entire investigation with prejudice based on a 
settlement agreement covering all Respondents. On October 3, 2014, 
Freescale and MediaTek filed a joint motion for leave to file a 
corrected version of its motion based on comments received from the 
ALJ's attorney-advisor and the Commission Investigative Attorney 
(``IA'').
    On October 7, 2014, the IA filed a response to the corrected 
motion, and contended that the motion should be granted-in-part. The IA 
stated that the moving parties' request to have the investigation 
terminated ``with prejudice'' should be denied, because the Commission 
has previously declined to terminate investigations with prejudice. The 
IA contended that the remainder of the motion complied with the 
Commission's rules, so the investigation should be terminated in its 
entirety without prejudice.
    On October 16, 2014, the ALJ issued the subject ID, granting the 
moving parties' motion to file a corrected motion and granting-in-part 
the moving parties' corrected motion. The ALJ declined to terminate the 
investigation ``with prejudice.'' The ALJ found that the remainder of 
the motion complied with the Commission's rules. Specifically, the ALJ 
found that the moving parties had submitted their settlement agreement, 
and had stated that there were no other agreements, written or oral, 
express or implied, between Freescale and Respondents concerning the 
subject matter of the investigation, and that the termination of the 
investigation does not impose any undue burden on the public health and 
welfare, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, and United States consumers. The ALJ thus terminated the 
investigation in its entirety without prejudice based on the settlement 
agreement. No petitions for review of the ID were filed.
    The Commission has determined not to review the subject ID.
    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: November 14, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-27458 Filed 11-19-14; 8:45 am]
BILLING CODE 7020-02-P