Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof; Notice of the Commission's Determination To Rescind a Limited Exclusion Order and Cease and Desist Orders, 41343-41344 [2016-14997]

Download as PDF Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices PhunkeeDuck, Inc., 250 Jericho Turnpike, Floral Park, NY 11001 Razor USA LLC, 12723 166th Street, Cerritos, CA 90703 Swagway LLC, 3431 William Richardson Drive, Suite F, South Bend, IN 46628 Segaway, 3940 Laurel Canyon Boulevard #376, Studio City, CA 91604 Jetson Electric Bikes LLC, 175 Varick Street, New York, NY 10014 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–926] Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof; Notice of the Commission’s Determination To Rescind a Limited Exclusion Order and Cease and Desist Orders sradovich on DSK3GDR082PROD with NOTICES (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: June 20, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–14903 Filed 6–23–16; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:43 Jun 23, 2016 Jkt 238001 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to rescind a limited exclusion order prohibiting importation of infringing marine sonar imaging systems, products containing the same, and components thereof and cease and desist orders directed to the domestic respondents, based upon settlement. SUMMARY: FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–3042. 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 August 21, 2014, based on a complaint filed by Johnson Outdoors lnc. of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of Eufaula, Alabama (collectively, ‘‘Johnson Outdoors’’). 79 Fed. Reg. 49536 (Aug. 21, 2014). The complaint alleged 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 marine sonar imaging systems, products containing the same, and components thereof by PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 41343 reason of infringement of one or more of claims 1, 2, 17, 25, 26, 31, 32, 35, 36, 41–43, 53, and 56 of U.S. Patent No. 7,652,952 (‘‘the ’952 patent’’); claims 1, 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S. Patent No. 7,710,825 (‘‘the ’825 patent’’); and claims 14, 18, 21–23, 25, and 33 of U.S. Patent No. 7,755,974 (‘‘the ’974 patent’’). Id. The notice of investigation named the following respondents: Garmin International, Inc.; Garmin North America, Inc.; Garmin USA, Inc. all of Olathe, Kansas; and Garmin Corporation of New Taipei City, Taiwan (collectively, ‘‘Garmin’’). Id. The Office of Unfair Import Investigations was not a party to the investigation. On July 13, 2015, the ALJ issued his final ID, finding a violation of section 337 by Garmin in connection with claims 14, 18, 21, 22, 23, and 33 of the ’974 patent. The ID found no violation of section 337 in connection with the asserted claims of the ’952 and ’825 patents, and claim 25 of the ’974 patent. On July 27, 2015, the parties filed petitions for review of the ID. On August 4, 2015, the parties filed responses to the petitions. On August 25, 2015, the Commission determined to review the final ID on all issues petitioned. 80 Fed. Reg. 55872–74 (Sept. 17, 2015). On review, the Commission determined to affirm the ALJ’s finding of violation of section 337 with respect to claims 14, 18, 21–23, and 33 of the ’974 patent. 80 Fed. Reg. 73211–12 (Nov. 24, 2015). The Commission also determined to affirm the ID’s finding of no violation of section 337 in connection with the asserted claims of the ’952 patent, ’825 patent, and claim 25 of the ’974 patent. Id. Having found a violation of section 337, the Commission determined that the appropriate form of relief was: (1) A limited exclusion order prohibiting the unlicensed entry of marine sonar imaging systems, products containing the same, and components thereof that infringe one or more of claims 14, 18, 21, 22, 23, and 33 of the ’974 patent that are manufactured by, or on behalf of, or are imported by or on behalf of Garmin or any of its affiliated companies, parents, subsidiaries, agents, or other related business entities, or their successors or assigns; and (2) cease and desist orders prohibiting domestic respondents Garmin International, Inc.; Garmin North America, Inc.; and Garmin USA, Inc. from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, transferring (except for exportation), and soliciting U.S. agents or distributors for, marine sonar imaging systems, products E:\FR\FM\24JNN1.SGM 24JNN1 41344 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices containing the same, and components thereof covered by claims 14, 18, 21, 22, 23 and 33 of the ’974 patent. The proposed cease and desist orders included the following exemption: (1) If in a written instrument, the owner of the patents authorizes or licenses such specific conduct, or such specific conduct is related to the importation or sale of covered products by or for the United States. On May 10, 2016, Johnson Outdoors and Garmin filed a joint petition under 19 U.S.C. 1337(k) and Commission rule 210.76(a) (19 CFR 210.76(a)) to rescind the remedial orders based upon settlement. The parties filed both confidential and public versions of the settlement agreements. The Commission has determined to grant the petition. The limited exclusion order and cease and desist orders issued in this investigation are hereby rescinded. 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 21, 2016. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2016–14997 Filed 6–23–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1010] Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 23, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Tessera Technologies, Inc. of San Jose, California; Tessera, Inc. of San Jose, California; and Invensas Corporation of San Jose, California. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain semiconductor devices, semiconductor sradovich on DSK3GDR082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:43 Jun 23, 2016 Jkt 238001 device packages, and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,856,007 (‘‘the ’007 patent’’); U.S. Patent No. 6,849,946 (‘‘the ’946 patent’’); and U.S. Patent No. 6,133,136 (‘‘the ’136 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server 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. FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205–1802. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2015). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on June 20, 2016, ordered that — (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain semiconductor devices, semiconductor device packages, and products containing same by reason of infringement of one or more of claims 13, 16, and 18 of the ’007 patent; claims 16–20 and 22 of the ’946 patent; and claims 1–3, 5, 6, 11–16, 24– PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 27, 29, 30 and 33–35 of the ’136 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Tessera Technologies, Inc., 3025 Orchard Parkway, San Jose, CA 95134 Tessera, Inc., 3025 Orchard Parkway, San Jose, CA 95134 Invensas Corporation, 3025 Orchard Parkway, San Jose, CA 95134 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Broadcom Limited, 1 Yishun Avenue 7, Singapore 768923 Broadcom Corporation, 5300 California Ave., Irvine, CA 92617 Avago Technologies Limited, 1 Yishun Avenue 7, Singapore 768923 Avago Technologies U.S. Inc., 1320 Ridder Park Drive, San Jose, CA 95131 Arista Networks, Inc., 5453 Great America Parkway, Santa Clara, CA 95054 ARRIS International plc, 3871 Lakefield Drive, Suwanee, GA 30024 ARRIS Group, Inc., 3871 Lakefield Drive, Suwanee, GA 30024 ARRIS Technology, Inc., 101 Tournament Drive, Horsham, PA 19044 ARRIS Enterprises LLC, 3871 Lakefield Drive, Suwanee, GA 30024 ARRIS Solutions, Inc., 3871 Lakefield Drive, Suwanee, GA 30024 Pace Ltd., Victoria Road, Saltaire, West Yorkshire BD18 3LF, England Pace Americas, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431 Pace USA, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431 ASUSTeK Computer Inc., No. 15, Li-Te Road, Peitou, Taipei, Taiwan ASUS Computer International, 800 Corporate Way, Fremont, CA 94539 Comcast Cable Communications, LLC, 1500 Market Street, Philadelphia, PA 19102 Comcast Cable Communications Management, LLC, 1701 John F Kennedy Blvd., Philadelphia, PA, 19103 Comcast Business Communications, LLC, 1701 John F Kennedy Blvd., Philadelphia, PA, 19103 HTC Corporation, 23 Xinghau Road, Taoyuan, 330, Taiwan HTC America, Inc., 13920 SE Eastgate Way, Suite 200, Bellevue, WA 98005 NETGEAR, Inc., 350 East Plumeria Drive, San Jose, CA 95134 E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41343-41344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14997]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-926]


Certain Marine Sonar Imaging Systems, Products Containing the 
Same, and Components Thereof; Notice of the Commission's Determination 
To Rescind a Limited Exclusion Order and Cease and Desist Orders

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to rescind a limited exclusion order 
prohibiting importation of infringing marine sonar imaging systems, 
products containing the same, and components thereof and cease and 
desist orders directed to the domestic respondents, based upon 
settlement.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3042. 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 August 21, 2014, based on a complaint filed by Johnson Outdoors lnc. 
of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of 
Eufaula, Alabama (collectively, ``Johnson Outdoors''). 79 Fed. Reg. 
49536 (Aug. 21, 2014). The complaint alleged 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 marine sonar 
imaging systems, products containing the same, and components thereof 
by reason of infringement of one or more of claims 1, 2, 17, 25, 26, 
31, 32, 35, 36, 41-43, 53, and 56 of U.S. Patent No. 7,652,952 (``the 
'952 patent''); claims 1, 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S. 
Patent No. 7,710,825 (``the '825 patent''); and claims 14, 18, 21-23, 
25, and 33 of U.S. Patent No. 7,755,974 (``the '974 patent''). Id. The 
notice of investigation named the following respondents: Garmin 
International, Inc.; Garmin North America, Inc.; Garmin USA, Inc. all 
of Olathe, Kansas; and Garmin Corporation of New Taipei City, Taiwan 
(collectively, ``Garmin''). Id. The Office of Unfair Import 
Investigations was not a party to the investigation.
    On July 13, 2015, the ALJ issued his final ID, finding a violation 
of section 337 by Garmin in connection with claims 14, 18, 21, 22, 23, 
and 33 of the '974 patent. The ID found no violation of section 337 in 
connection with the asserted claims of the '952 and '825 patents, and 
claim 25 of the '974 patent. On July 27, 2015, the parties filed 
petitions for review of the ID. On August 4, 2015, the parties filed 
responses to the petitions.
    On August 25, 2015, the Commission determined to review the final 
ID on all issues petitioned. 80 Fed. Reg. 55872-74 (Sept. 17, 2015). On 
review, the Commission determined to affirm the ALJ's finding of 
violation of section 337 with respect to claims 14, 18, 21-23, and 33 
of the '974 patent. 80 Fed. Reg. 73211-12 (Nov. 24, 2015). The 
Commission also determined to affirm the ID's finding of no violation 
of section 337 in connection with the asserted claims of the '952 
patent, '825 patent, and claim 25 of the '974 patent. Id.
    Having found a violation of section 337, the Commission determined 
that the appropriate form of relief was: (1) A limited exclusion order 
prohibiting the unlicensed entry of marine sonar imaging systems, 
products containing the same, and components thereof that infringe one 
or more of claims 14, 18, 21, 22, 23, and 33 of the '974 patent that 
are manufactured by, or on behalf of, or are imported by or on behalf 
of Garmin or any of its affiliated companies, parents, subsidiaries, 
agents, or other related business entities, or their successors or 
assigns; and (2) cease and desist orders prohibiting domestic 
respondents Garmin International, Inc.; Garmin North America, Inc.; and 
Garmin USA, Inc. from conducting any of the following activities in the 
United States: Importing, selling, marketing, advertising, 
distributing, transferring (except for exportation), and soliciting 
U.S. agents or distributors for, marine sonar imaging systems, products

[[Page 41344]]

containing the same, and components thereof covered by claims 14, 18, 
21, 22, 23 and 33 of the '974 patent. The proposed cease and desist 
orders included the following exemption: (1) If in a written 
instrument, the owner of the patents authorizes or licenses such 
specific conduct, or such specific conduct is related to the 
importation or sale of covered products by or for the United States.
    On May 10, 2016, Johnson Outdoors and Garmin filed a joint petition 
under 19 U.S.C. 1337(k) and Commission rule 210.76(a) (19 CFR 
210.76(a)) to rescind the remedial orders based upon settlement. The 
parties filed both confidential and public versions of the settlement 
agreements.
    The Commission has determined to grant the petition. The limited 
exclusion order and cease and desist orders issued in this 
investigation are hereby rescinded.
    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 21, 2016.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2016-14997 Filed 6-23-16; 8:45 am]
BILLING CODE 7020-02-P
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