Certain Graphics Processing Chips, Systems on a Chip, and Products Containing the Same; Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of the Investigation, 40348-40350 [2016-14657]
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40348
Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information is clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
The Commission may include some or
all of the confidential business
information submitted in the course of
this investigation in the report it sends
to the USTR. Additionally, all
information, including confidential
business information, submitted in this
investigation may be disclosed to and
used: (i) By the Commission, its
employees and Offices, and contract
personnel (a) for developing or
maintaining the records of this or a
related proceeding, or (b) in internal
investigations, audits, reviews, and
evaluations relating to the programs,
personnel, and operations of the
Commission including under 5 U.S.C.
Appendix 3; or (ii) by U.S. government
employees and contract personnel for
cybersecurity purposes. The
Commission will not otherwise disclose
any confidential business information in
a manner that would reveal the
operations of the firm supplying the
information.
Summaries of Written Submissions:
The Commission intends to publish
summaries of the positions of interested
persons in an appendix to its report.
Persons wishing to have a summary of
their position included in the appendix
should include a summary with their
written submission. The summary may
not exceed 500 words, should be in
MSWord format or a format that can be
easily converted to MSWord, and
should not include any confidential
business information. The summary will
be published as provided if it meets
these requirements and is germane to
the subject matter of the investigation.
In the appendix the Commission will
identify the name of the organization
furnishing the summary, and will
include a link to the Commission’s
Electronic Document Information
System (EDIS) where the full written
submission can be found.
By order of the Commission.
Issued: June 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–14618 Filed 6–20–16; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–966]
Certain Silicon-on-Insulator Wafers;
Commission Determination Not To
Review an Initial Determination
Granting an Unopposed Motion for
Termination of the Investigation Based
on Withdrawal of the Complaint;
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 an initial determination (‘‘ID’’)
(Order No. 16) granting an unopposed
motion to terminate the investigation in
whole based on complainant’s
withdrawal of the complaint.
FOR FURTHER INFORMATION CONTACT:
Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202–
205–3438. 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 (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
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 September 24, 2015, based on a
complaint filed by Silicon Genesis Corp.
of San Jose, California (‘‘Complainant’’).
80 FR 57641 (Sept. 24, 2015). The
complaint, as amended, 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/or
the sale within the United States after
importation of certain silicon-oninsulator wafers by reason of
infringement of certain claims of U.S.
Patent Nos. 5,985,742; 6,180,496;
6,294,814; 6,790,747; 7,811,901;
6,013,563 (‘‘the ’563 patent’’); 6,162,705
(‘‘the ’705 patent’’); and 6,103,599 (‘‘the
SUMMARY:
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’599 patent’’). Id. The notice of
investigation names as a respondent
Soitec S.A., Parc Technologique des
Fontaines of Bernin, France
(‘‘Respondent’’). Id. The Office of Unfair
Import Investigations (‘‘OUII’’) also was
named as a party to the investigation. Id.
Subsequently, the investigation was
partially terminated as to several patent
claims, leaving only asserted claim 1 of
the ’563 patent; claim 1 of the ’705
patent; and claims 1 and 15 of the ’599
patent remaining in the investigation.
See Notice (Feb. 25, 2016) (determining
not to review Order No. 7 (Jan. 22,
2016)); Notice (Mar. 1, 2016)
(determining not to review Order No. 8
(Feb. 2, 2016)); Notice (May 4, 2016)
(determining not to review Order No. 12
(Apr. 5, 2016)); Notice (May 31, 2016)
(determining not to review Order No. 14
(May 5, 2016)).
On May 18, 2016, Complainant filed
an unopposed motion to terminate the
investigation in whole based on its
withdrawal of the complaint. On May
20, 2016, OUII filed a response,
supporting the motion.
On May 20, 2016, the presiding
administrative law judge (‘‘ALJ’’) issued
an ID (Order No. 16) granting the
motion. The ALJ found no extraordinary
circumstances preventing termination of
the investigation and further found that
termination was in the public interest.
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: June 15, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–14593 Filed 6–20–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–941]
Certain Graphics Processing Chips,
Systems on a Chip, and Products
Containing the Same; Commission
Determination To Grant a Joint Motion
To Terminate the Investigation on the
Basis of a Settlement Agreement;
Termination of the Investigation
U.S. International Trade
Commission.
AGENCY:
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Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
ACTION:
Notice.
Notice is hereby given that
the U.S. International Trade
Commission has determined to grant a
joint motion to terminate the abovecaptioned investigation based on a
settlement agreement.
FOR FURTHER INFORMATION CONTACT: Ron
Traud, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street SW., Washington, DC
20436, (202) 205–3427. Copies of nonconfidential 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,
(202) 205–2000. General information
concerning the Commission may also be
obtained at https://www.usitc.gov. The
public record for this investigation may
be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal at (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on December 30, 2014, based on a
complaint filed by Samsung Electronics
Co., Ltd. of Gyeonggi-do, Republic of
Korea, and Samsung Austin
Semiconductor, LLC of Austin, Texas
(collectively, Complainants). 79 FR
78477–78 (Dec. 30, 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 graphics processing chips
(GPUs), systems on a chip (SoCs), and
products containing the same by reason
of infringement of one or more of claims
1–4, 6, and 19–21 of U.S. Patent No.
6,147,385 (the ’385 patent); claim 10 of
U.S. Patent No. 6,173,349 (the ’349
patent); claims 1, 2, 4, 19, 20, and 22 of
U.S. Patent No. 7,056,776 (the ’776
patent); and claims 1–3, 7–9, 12–15, 17,
and 19 of U.S. Patent No. 7,804,734 (the
’734 patent). Id. The notice of
investigation named as respondents
NVIDIA Corporation (NVIDIA) of Santa
Clara, California; Biostar Microtech
International Corp. of New Taipei,
Taiwan; Biostar Microtech U.S.A. Corp.
of City of Industry, California;
Elitegroup Computer Systems Co. Ltd.
of Taipei, Taiwan; Elitegroup Computer
Systems, Inc. of Newark, California;
EVGA Corp. of Brea, California; Fuhu,
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Inc. of El Segundo, California; Jaton
Corp. of Fremont, California; Mad Catz,
Inc. of San Diego, California; OUYA,
Inc. of Santa Monica, California; Sparkle
Computer Co., Ltd. of New Taipei City,
Taiwan; Toradex, Inc. of Seattle,
Washington; Wikipad, Inc. of Westlake
Village, California; ZOTAC International
(MCO) Ltd of New Territories, Hong
Kong; and ZOTAC USA, Inc. of Chino,
California (collectively, Respondents).
Id. The Office of Unfair Import
Investigations (OUII) is also a party to
this investigation. Id.
On May 1, 2015, the Commission
determined not to review an initial
determination terminating the
investigation as to respondent Wikipad,
Inc. Notice of Commission
Determination Not to Review an Initial
Determination Terminating the
Investigation as to Respondent Wikipad,
Inc. Based on a Consent Order
Stipulation, Consent Order, and
Settlement Agreement; Issuance of
Consent Order (May 1, 2015)
(determining not to review Order No. 6
(Apr. 1, 2015)). On July 1, 2015, the
Commission determined not to review
an initial determination terminating the
investigation with respect to the ’776
patent. Notice of Commission
Determination Not to Review an Initial
Determination Terminating the
Investigation with Respect to U.S.
Patent No. 7,056,776 (July 1, 2015)
(determining not to review Order No. 9
(June 9, 2015)). On August 13, 2015, the
Commission determined not to review
an initial determination finding that the
economic prong of the domestic
industry requirement has been satisfied.
Notice of a Commission Determination
Not to Review an Initial Determination
That the Economic Prong of the
Domestic Industry Requirement Has
Been Satisfied (Aug. 13, 2015)
(determining not review Order No. 12
(July 16, 2015)). On September 17, 2015,
the Commission determined not to
review (1) an initial determination
terminating the investigation as to
claims 19–21 of the ’385 patent and
claims 7–9, 12–15, 17, and 19 of the
’734 patent; and (2) an initial
determination terminating the
investigation as to respondent ZOTAC
International (MCO) Ltd. Notice of
Commission Decision Not to Review
Two Initial Determinations That
Terminated the Investigation as to
Certain Asserted Patent Claims and as to
One Respondent (Sept. 17, 2015)
(determining not to review Order No. 23
(Aug. 26, 2015) and Order No. 25 (Aug.
26, 2015)).
The following claims remained at
issue for consideration by the ALJ:
Claims 1–4 and 6 of the ’385 patent;
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40349
claim 10 of the ’349 patent; and claims
1 and 3 of the ’734 patent. On December
22, 2015, the ALJ issued his final ID,
which found a violation of all three
remaining patents. See ID at 1. On
January 5, 2016, the ALJ issued his
recommended determination on remedy
and bond (RD), which recommended the
issuance of a limited exclusion order
covering all of the infringing articles
imported, sold for importation, or sold
after importation by the remaining
respondents. RD at 9. The RD also
recommended the issuance of cease and
desist orders to certain domestic
respondents. Id. at 14. The RD
additionally set a bond in the amount of
4% of the average value of the accused
GPUs and SoCs. Id. at 17.
The remaining respondents and OUII
filed petitions for review, and OUII, and
Complainants filed responses to the
petitions. On February 24, 2016, the
Commission determined to review some
of the petitioned issues. 81 FR 10654
(Mar. 1, 2016). On March 7, 2016, the
parties filed written submissions on the
issues under review, remedy, the public
interest, and bonding. On March 14,
2016, the parties filed reply
submissions. No submissions were
received from the public.
On April 29, 2016, and prior to the
Commission’s final determination, the
private parties indicated that they had
reached a settlement agreement. On May
16, 2016, the private parties filed a joint
motion to terminate the investigation on
the basis of that settlement pursuant to
Commission Rule § 210.21(b). An
amended version of the joint motion
(the Corrected Joint Motion) was filed
on May 19, 2016. The motion to
terminate is based on a Memorandum of
Understanding Regarding Settlement
Agreement (MOU), a binding agreement
between Samsung Electronics and
NVIDIA. The Corrected Joint Motion
declares that the MOU ‘‘completely
resolves the disputes between all parties
with respect to the asserted patents,’’
that there are ‘‘no other agreements,
written or oral, express or implied,
between them concerning the subject
matter of this investigation,’’ and that
‘‘it is in the interest of the public and
administrative economy to grant this
motion.’’ Corrected Joint Mtn. at 2. The
Corrected Joint Motion includes
confidential and public versions of the
MOU. On May 26, 2016, OUII filed a
submission supporting the termination
of the investigation. No other party filed
a response to the Corrected Joint
Motion.
The Commission has determined that
the Corrected Joint Motion complies
with the requirements of section
210.21(b)(1) of the Commission’s Rules
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Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
of Practice and Procedure (19 CFR
210.21(b)(1)), and that there are no
extraordinary circumstances that would
prevent the requested termination. The
Commission also finds that granting the
Corrected Joint Motion would not be
contrary to the public interest pursuant
to section 210.50(b)(2) of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.50(b)(2)).
Accordingly, the Commission hereby
grants the Corrected Joint Motion. This
investigation is terminated.
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: June 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–14657 Filed 6–20–16; 8:45 am]
BILLING CODE 7020–02–P
JOINT BOARD FOR THE
ENROLLMENT OF ACTUARIES
Meeting of the Advisory Committee;
Meeting
Joint Board for the Enrollment
of Actuaries.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
The Executive Director of the
Joint Board for the Enrollment of
Actuaries gives notice of a meeting of
the Advisory Committee on Actuarial
Examinations (portions of which will be
open to the public) in Arlington, VA, on
July 14–15, 2016.
DATES: Thursday, July 14, 2016, from
9:00 a.m. to 5:00 p.m., and Friday, July
15, 2016, from 8:30 a.m. to 5:00 p.m.
ADDRESSES: The meeting will be held at
the Internal Revenue Service, 2345
Crystal Drive, Suite 400, Arlington, VA
22202.
FOR FURTHER INFORMATION CONTACT:
Patrick W. McDonough, Executive
Director of the Joint Board for the
Enrollment of Actuaries, 703–414–2173.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the Advisory
Committee on Actuarial Examinations
will meet at the Internal Revenue
Service, 2345 Crystal Drive, Suite 400,
Arlington, VA 22202, on Thursday, July
14, 2016, from 9:00 a.m. to 5:00 p.m.,
and Friday, July 15, 2016, from 8:30
a.m. to 5:00 p.m.
The purpose of the meeting is to
discuss topics and questions that may
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be recommended for inclusion on future
Joint Board examinations in actuarial
mathematics and methodology referred
to in 29 U.S.C. 1242(a)(1)(B) and to
review the May 2016 Pension (EA–2L)
and Basic (EA–1) Examinations in order
to make recommendations relative
thereto, including the minimum
acceptable pass scores. Topics for
inclusion on the syllabus for the Joint
Board’s examination program for the
November 2016 Pension (EA–2F)
Examination will be discussed.
A determination has been made as
required by section 10(d) of the Federal
Advisory Committee Act, 5 U.S.C. App.,
that the portions of the meeting dealing
with the discussion of questions that
may appear on the Joint Board’s
examinations and the review of the May
2016 Pension (EA–2L) and Basic (EA–1)
Examinations fall within the exceptions
to the open meeting requirement set
forth in 5 U.S.C. 552b(c)(9)(B), and that
the public interest requires that such
portions be closed to public
participation.
The portion of the meeting dealing
with the discussion of the other topics
will commence at 1:00 p.m. on July 14,
2016, and will continue for as long as
necessary to complete the discussion,
but not beyond 3:00 p.m. Time
permitting, after the close of this
discussion by Committee members,
interested persons may make statements
germane to this subject. Persons wishing
to make oral statements should notify
the Executive Director in writing prior
to the meeting in order to aid in
scheduling the time available and
should submit the written text, or at a
minimum, an outline of comments they
propose to make orally. Such comments
will be limited to 10 minutes in length.
All persons planning to attend the
public session should notify the
Executive Director in writing to obtain
building entry. Notifications of intent to
make an oral statement or to attend
must be sent electronically, by no later
than July 7, 2016, to nhqjbea@irs.gov.
Any interested person also may file a
written statement for consideration by
the Joint Board and the Committee by
sending it to: Internal Revenue Service;
Attn: Patrick W. McDonough, Executive
Director; Joint Board for the Enrollment
of Actuaries SE:RPO; REFM, Park 4,
Floor 4; 1111 Constitution Avenue NW.,
Washington, DC 20224.
Dated: June 13, 2016.
Patrick W. McDonough,
Executive Director, Joint Board for the
Enrollment of Actuaries.
[FR Doc. 2016–14542 Filed 6–20–16; 8:45 am]
BILLING CODE 4830–01–P
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—R Consortium, Inc.
Notice is hereby given that, on May
23, 2016, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), R Consortium, Inc.
(‘‘R Consortium’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Avant, Inc., Chicago, IL,
has been added as a party to this
venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and R Consortium
intends to file additional written
notifications disclosing all changes in
membership.
On September 15, 2015, R Consortium
filed its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on October 2, 2015 (80
FR 59815).
The last notification was filed with
the Department on December 3, 2015. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on January 11, 2016 (81 FR 1206).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2016–14704 Filed 6–20–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—The Open Group, L.L.C.
Notice is hereby given that, on May
13, 2016, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), The Open Group,
L.L.C. (‘‘TOG’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
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]]>Agencies
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40348-40350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14657]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-941]
Certain Graphics Processing Chips, Systems on a Chip, and
Products Containing the Same; Commission Determination To Grant a Joint
Motion To Terminate the Investigation on the Basis of a Settlement
Agreement; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
[[Page 40349]]
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to grant a joint motion to terminate the
above-captioned investigation based on a settlement agreement.
FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, (202) 205-3427. 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, (202) 205-2000.
General information concerning the Commission may also be obtained at
https://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal at (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on December 30, 2014, based on a complaint filed by Samsung Electronics
Co., Ltd. of Gyeonggi-do, Republic of Korea, and Samsung Austin
Semiconductor, LLC of Austin, Texas (collectively, Complainants). 79 FR
78477-78 (Dec. 30, 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 graphics
processing chips (GPUs), systems on a chip (SoCs), and products
containing the same by reason of infringement of one or more of claims
1-4, 6, and 19-21 of U.S. Patent No. 6,147,385 (the '385 patent); claim
10 of U.S. Patent No. 6,173,349 (the '349 patent); claims 1, 2, 4, 19,
20, and 22 of U.S. Patent No. 7,056,776 (the '776 patent); and claims
1-3, 7-9, 12-15, 17, and 19 of U.S. Patent No. 7,804,734 (the '734
patent). Id. The notice of investigation named as respondents NVIDIA
Corporation (NVIDIA) of Santa Clara, California; Biostar Microtech
International Corp. of New Taipei, Taiwan; Biostar Microtech U.S.A.
Corp. of City of Industry, California; Elitegroup Computer Systems Co.
Ltd. of Taipei, Taiwan; Elitegroup Computer Systems, Inc. of Newark,
California; EVGA Corp. of Brea, California; Fuhu, Inc. of El Segundo,
California; Jaton Corp. of Fremont, California; Mad Catz, Inc. of San
Diego, California; OUYA, Inc. of Santa Monica, California; Sparkle
Computer Co., Ltd. of New Taipei City, Taiwan; Toradex, Inc. of
Seattle, Washington; Wikipad, Inc. of Westlake Village, California;
ZOTAC International (MCO) Ltd of New Territories, Hong Kong; and ZOTAC
USA, Inc. of Chino, California (collectively, Respondents). Id. The
Office of Unfair Import Investigations (OUII) is also a party to this
investigation. Id.
On May 1, 2015, the Commission determined not to review an initial
determination terminating the investigation as to respondent Wikipad,
Inc. Notice of Commission Determination Not to Review an Initial
Determination Terminating the Investigation as to Respondent Wikipad,
Inc. Based on a Consent Order Stipulation, Consent Order, and
Settlement Agreement; Issuance of Consent Order (May 1, 2015)
(determining not to review Order No. 6 (Apr. 1, 2015)). On July 1,
2015, the Commission determined not to review an initial determination
terminating the investigation with respect to the '776 patent. Notice
of Commission Determination Not to Review an Initial Determination
Terminating the Investigation with Respect to U.S. Patent No. 7,056,776
(July 1, 2015) (determining not to review Order No. 9 (June 9, 2015)).
On August 13, 2015, the Commission determined not to review an initial
determination finding that the economic prong of the domestic industry
requirement has been satisfied. Notice of a Commission Determination
Not to Review an Initial Determination That the Economic Prong of the
Domestic Industry Requirement Has Been Satisfied (Aug. 13, 2015)
(determining not review Order No. 12 (July 16, 2015)). On September 17,
2015, the Commission determined not to review (1) an initial
determination terminating the investigation as to claims 19-21 of the
'385 patent and claims 7-9, 12-15, 17, and 19 of the '734 patent; and
(2) an initial determination terminating the investigation as to
respondent ZOTAC International (MCO) Ltd. Notice of Commission Decision
Not to Review Two Initial Determinations That Terminated the
Investigation as to Certain Asserted Patent Claims and as to One
Respondent (Sept. 17, 2015) (determining not to review Order No. 23
(Aug. 26, 2015) and Order No. 25 (Aug. 26, 2015)).
The following claims remained at issue for consideration by the
ALJ: Claims 1-4 and 6 of the '385 patent; claim 10 of the '349 patent;
and claims 1 and 3 of the '734 patent. On December 22, 2015, the ALJ
issued his final ID, which found a violation of all three remaining
patents. See ID at 1. On January 5, 2016, the ALJ issued his
recommended determination on remedy and bond (RD), which recommended
the issuance of a limited exclusion order covering all of the
infringing articles imported, sold for importation, or sold after
importation by the remaining respondents. RD at 9. The RD also
recommended the issuance of cease and desist orders to certain domestic
respondents. Id. at 14. The RD additionally set a bond in the amount of
4% of the average value of the accused GPUs and SoCs. Id. at 17.
The remaining respondents and OUII filed petitions for review, and
OUII, and Complainants filed responses to the petitions. On February
24, 2016, the Commission determined to review some of the petitioned
issues. 81 FR 10654 (Mar. 1, 2016). On March 7, 2016, the parties filed
written submissions on the issues under review, remedy, the public
interest, and bonding. On March 14, 2016, the parties filed reply
submissions. No submissions were received from the public.
On April 29, 2016, and prior to the Commission's final
determination, the private parties indicated that they had reached a
settlement agreement. On May 16, 2016, the private parties filed a
joint motion to terminate the investigation on the basis of that
settlement pursuant to Commission Rule Sec. 210.21(b). An amended
version of the joint motion (the Corrected Joint Motion) was filed on
May 19, 2016. The motion to terminate is based on a Memorandum of
Understanding Regarding Settlement Agreement (MOU), a binding agreement
between Samsung Electronics and NVIDIA. The Corrected Joint Motion
declares that the MOU ``completely resolves the disputes between all
parties with respect to the asserted patents,'' that there are ``no
other agreements, written or oral, express or implied, between them
concerning the subject matter of this investigation,'' and that ``it is
in the interest of the public and administrative economy to grant this
motion.'' Corrected Joint Mtn. at 2. The Corrected Joint Motion
includes confidential and public versions of the MOU. On May 26, 2016,
OUII filed a submission supporting the termination of the
investigation. No other party filed a response to the Corrected Joint
Motion.
The Commission has determined that the Corrected Joint Motion
complies with the requirements of section 210.21(b)(1) of the
Commission's Rules
[[Page 40350]]
of Practice and Procedure (19 CFR 210.21(b)(1)), and that there are no
extraordinary circumstances that would prevent the requested
termination. The Commission also finds that granting the Corrected
Joint Motion would not be contrary to the public interest pursuant to
section 210.50(b)(2) of the Commission's Rules of Practice and
Procedure (19 CFR 210.50(b)(2)). Accordingly, the Commission hereby
grants the Corrected Joint Motion. This investigation is terminated.
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: June 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-14657 Filed 6-20-16; 8:45 am]
BILLING CODE 7020-02-P
