Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same; Termination of Investigation on the Basis of Settlement, 60761-60762 [2017-27639]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices 4. Fuel break construction in highly resistant and resilient habitats may not be necessary because those sites are less likely to burn or will respond favorably to natural regeneration. 5. After habitat restoration treatments, historic uses such as livestock grazing and recreation activities may be temporarily halted until the treatment becomes established and objectives are met. 6. Fuel reduction treatments in pinyon/juniper could disrupt traditional tribal use of these sites. 7. The use of non-native species in fuel breaks could affect listed species and affect species composition in adjacent native plant communities. Project design features would be used to minimize impacts to rangelands, sensitive species habitat, cultural sites and watersheds, and to limit introduction and spread of noxious and invasive weeds. The BLM will use and coordinate the NEPA scoping process to help fulfill the public involvement requirements under the National Historic Preservation Act (54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3). The information about historic and cultural resources within the area potentially affected by the proposed action will assist the BLM in identifying and evaluating impacts to such resources. The BLM will consult with Indian tribes on a government-to-government basis in accordance with Executive Order 13175 and other policies. Tribal concerns, including impacts on Indian trust assets and potential impacts to cultural resources, will be given due consideration. Federal, State, and local agencies, along with Tribes and other stakeholders that may be interested in or affected by the proposed fuel break, fuel reduction, and rangeland restoration programmatic proposals that the BLM is evaluating, are invited to participate in the scoping process and, if eligible, may request or be requested by the BLM to participate in the development of the environmental analysis as a cooperating agency. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. VerDate Sep<11>2014 16:59 Dec 21, 2017 Jkt 244001 Authority: 40 CFR 1501.7. Timothy M. Murphy, BLM Idaho State Director. [FR Doc. 2017–27595 Filed 12–21–17; 8:45 am] BILLING CODE 4310–AK–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1010] Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same; Termination of Investigation on the Basis of Settlement U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined in the above-captioned investigation to grant a motion to terminate the investigation on the basis of settlement, resulting in termination of the investigation in its entirety. SUMMARY: FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2532. 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 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 June 24, 2016, based on a complaint filed on behalf of Tessera Technologies, Inc.; Tessera, Inc.; and Invensas Corporation, all of San Jose, California (collectively, ‘‘Tessera’’). 81 FR 41344 (Jun. 24, 2016). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent No. 6,856,007 (‘‘the ’007 patent’’); U.S. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 60761 Patent No. 6,849,946 (‘‘the ’946 patent’’); and U.S. Patent No. 6,133,136 (‘‘the ’136 patent’’). The notice of investigation names 24 respondents. Those respondents are Broadcom Limited of Singapore, and Broadcom Corporation of Irvine, California (collectively, ‘‘Broadcom’’), as well 22 other manufacturers and importers of products containing Broadcom’s semiconductor devices: Avago Technologies Limited of Singapore, and Avago Technologies U.S. Inc. of San Jose, California (collectively, ‘‘Avago’’); Arista Networks, Inc. of Santa Clara, California; ARRIS International plc, ARRIS Group, Inc., ARRIS Solutions, Inc., ARRIS Enterprises, and Pace Ltd., all of Suwanee, Georgia, as well as Pace Americas LLC and Pace USA LLC, both of Boca Raton, Florida, and ARRIS Technology, Inc. of Horsham, Pennsylvania (collectively ‘‘ARRIS’’); ASUSTek Computer, Inc. of Taipei, Taiwan, and ASUS Computer International of Fremont, California (collectively, ‘‘ASUS’’); Comcast Cable Communications, LLC, Comcast Cable Communications Management, LLC, and Comcast Business Communications, LLC, each of Philadelphia, Pennsylvania (collectively, ‘‘Comcast’’); HTC Corporation of Taoyuan, Taiwan, and HTC America Inc. of Bellevue, Washington (collectively, ‘‘HTC’’); NETGEAR, Inc. of San Jose, California; Technicolor S.A. of Issy-LesMoulineaux, France, as well as Technicolor USA, Inc. and Technicolor Connected Home USA LLC, both of Indianapolis, Indiana (collectively, ‘‘Technicolor’’). The Office of Unfair Import Investigations is not participating in the investigation. Earlier in Commission proceedings, Avago was terminated from the investigation. Order No. 70 (Feb. 27, 2017), not reviewed, Notice (Mar. 27, 2017). In addition, certain accused products were adjudicated not to infringe the ’007 patent. Order No. 77 (Mar. 15, 2017), reviewed and affirmed with modifications, Notice (Apr. 14, 2017). Certain asserted claims have been withdrawn from the investigation. Order No. 82 (Mar. 22, 2017), not reviewed, Notice (Apr. 21, 2017). On June 30, 2017, the ALJ issued the final initial determination (‘‘final ID’’). The final ID finds a violation of section 337 as to claims 16, 17, 20, and 22 of the ’946 patent. Final ID at 262. The final ID finds that for claims 1, 2, 11, 12, 16, 24–26, and 34 of the ’136 patent, the claims are infringed, and not invalid, but that the existence of a domestic industry was not shown. Id. at 262–63. For the ’007 patent, the final ID finds that infringement was shown only as to E:\FR\FM\22DEN1.SGM 22DEN1 sradovich on DSK3GMQ082PROD with NOTICES 60762 Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices claim 18, and that all of the asserted claims (claims 13, 16, and 18) are invalid, and no domestic industry was shown. Id. at 263. Tessera and the respondents each filed a petition for review of the ID. In addition, the parties and a number of non-parties submitted statements on the public interest. On September 29, 2017, the Commission determined to review the ID in part. Notice at 3 (Sept. 29, 2017) (‘‘Notice of Review’’). For the ’007 patent, the Commission determined to review, and on review, to take no position on the economic prong of the domestic industry requirement, and infringement of claim 18. Id. The Commission determined not to review the remainder of the ID as to the ’007 patent, including the ID’s findings concerning anticipation by, or obviousness over, the prior art. Id. The investigation was, thus, terminated as to the ’007 patent. Id. For the ’946 patent and the ’136 patent, the Commission determined not to review the ID’s findings concerning the level of skill in the art. Id. The Commission determined to review all other issues for the ’946 patent and the ’136 patent. Id. The Commission requested further briefing from the parties on the issues under review and briefing from the parties and the public on remedy, the public interest, and bonding. Id. at 3, 6–8. In response to the Commission notice, Tessera and the respondents filed opening and reply submissions on the issues under review, and remedy, the public interest, and bonding. In addition, the Commission received submissions on remedy and the public interest from several non-parties. On December 18, 2017, Tessera and the respondents filed a joint motion to terminate the investigation on the basis of settlement. The Commission finds that the motion is proper in form and complies with Commission Rules. See 19 CFR 201.6(a), 210.21(b). The Commission further finds that termination of the investigation will not adversely affect the public interest. Accordingly, the Commission has determined to grant the motion. The Commission hereby terminates the investigation. 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. VerDate Sep<11>2014 16:59 Dec 21, 2017 Jkt 244001 Issued: December 19, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–27639 Filed 12–21–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–989 (Enforcement Proceeding)] Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same Notice of Institution of Formal Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the July 14, 2017, remedial orders issued in the above-captioned investigation. 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 the original investigation on March 14, 2016, based on a complaint filed by Nautilus Hyosung Inc. of Seoul, Republic of Korea and Nautilus Hyosung America Inc. of Irving, Texas (collectively, ‘‘Nautilus’’). 81 FR 13149 (Mar. 14, 2016). Pertinent to this action, 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 into the United States, and the sale within the United SUMMARY: PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 States after importation of certain automated teller machines, ATM modules, components thereof, and products containing the same by reason of infringement of any of claims 1–3, 6, 8, and 9 of U.S. Patent No. 8,523,235 (‘‘the ’235 patent’’). Id. The complaint also alleged infringement of claims 1–3 and 5 of U.S. Patent No. 7,891,551; claims 1 and 6 of U.S. Patent No. 7,950,655; and claims 1–4, 6, and 7 of U.S. Patent No. 8,152,165. Those claims were subsequently terminated from the investigation. See Order No. 11 (June 30, 2016), Comm’n Notice of Non-Review (July 27, 2016); Order No. 17 (July 21, 2016), Comm’n Notice of Non-Review (August 16, 2016). The notice of institution of the investigation named Diebold Nixdorf, Incorporated and Diebold Self-Service Systems both of North Canton, Ohio (collectively, ‘‘Diebold’’) as respondents. The Office of Unfair Import Investigations (‘‘OUII’’) was not named as a party. Id. On July 14, 2017, the Commission found a Section 337 violation as to the ’235 patent and issued a limited exclusion order (‘‘LEO’’) as well as cease and desist orders (‘‘CDOs’’). 82 FR 33513–14 (July 20, 2017). The LEO prohibits the unlicensed entry of automated teller machines, ATM modules, components thereof, and products containing the same that infringe one or more of claims 1–3, 6, 8, and 9 of the ’235 patent that are manufactured by, or on behalf of, or are imported by or on behalf of Diebold Nixdorf, Incorporated, Diebold SelfService Systems, or any of their affiliated companies, parents, subsidiaries, agents, or other related business entities, or their successors or assigns. Id. The CDOs prohibit, among other things, the importation, sale, and distribution of infringing products by Diebold. Id. On November 17, 2017, Nautilus filed a complaint requesting that the Commission institute a formal enforcement proceeding under Commission Rule 210.75(b) to investigate violations of the remedial orders by Diebold. Having examined the enforcement complaint and the supporting documents, the Commission has determined to institute a formal enforcement proceeding to determine whether Diebold is in violation of the July 14, 2017, remedial orders issued in the original investigation and to determine what, if any, enforcement measures are appropriate. Diebold is named as a respondent. OUII is named as a party. The authority for the Commission’s determination is contained in Section 337 of the Tariff Act of 1930, as E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Pages 60761-60762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27639]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1010]


Certain Semiconductor Devices, Semiconductor Device Packages, and 
Products Containing Same; Termination of Investigation on the Basis of 
Settlement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined in the above-captioned investigation to grant 
a motion to terminate the investigation on the basis of settlement, 
resulting in termination of the investigation in its entirety.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2532. 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 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 June 24, 2016, based on a complaint filed on behalf of Tessera 
Technologies, Inc.; Tessera, Inc.; and Invensas Corporation, all of San 
Jose, California (collectively, ``Tessera''). 81 FR 41344 (Jun. 24, 
2016). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, 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 notice of investigation names 24 
respondents. Those respondents are Broadcom Limited of Singapore, and 
Broadcom Corporation of Irvine, California (collectively, 
``Broadcom''), as well 22 other manufacturers and importers of products 
containing Broadcom's semiconductor devices: Avago Technologies Limited 
of Singapore, and Avago Technologies U.S. Inc. of San Jose, California 
(collectively, ``Avago''); Arista Networks, Inc. of Santa Clara, 
California; ARRIS International plc, ARRIS Group, Inc., ARRIS 
Solutions, Inc., ARRIS Enterprises, and Pace Ltd., all of Suwanee, 
Georgia, as well as Pace Americas LLC and Pace USA LLC, both of Boca 
Raton, Florida, and ARRIS Technology, Inc. of Horsham, Pennsylvania 
(collectively ``ARRIS''); ASUSTek Computer, Inc. of Taipei, Taiwan, and 
ASUS Computer International of Fremont, California (collectively, 
``ASUS''); Comcast Cable Communications, LLC, Comcast Cable 
Communications Management, LLC, and Comcast Business Communications, 
LLC, each of Philadelphia, Pennsylvania (collectively, ``Comcast''); 
HTC Corporation of Taoyuan, Taiwan, and HTC America Inc. of Bellevue, 
Washington (collectively, ``HTC''); NETGEAR, Inc. of San Jose, 
California; Technicolor S.A. of Issy-Les-Moulineaux, France, as well as 
Technicolor USA, Inc. and Technicolor Connected Home USA LLC, both of 
Indianapolis, Indiana (collectively, ``Technicolor''). The Office of 
Unfair Import Investigations is not participating in the investigation.
    Earlier in Commission proceedings, Avago was terminated from the 
investigation. Order No. 70 (Feb. 27, 2017), not reviewed, Notice (Mar. 
27, 2017). In addition, certain accused products were adjudicated not 
to infringe the '007 patent. Order No. 77 (Mar. 15, 2017), reviewed and 
affirmed with modifications, Notice (Apr. 14, 2017). Certain asserted 
claims have been withdrawn from the investigation. Order No. 82 (Mar. 
22, 2017), not reviewed, Notice (Apr. 21, 2017).
    On June 30, 2017, the ALJ issued the final initial determination 
(``final ID''). The final ID finds a violation of section 337 as to 
claims 16, 17, 20, and 22 of the '946 patent. Final ID at 262. The 
final ID finds that for claims 1, 2, 11, 12, 16, 24-26, and 34 of the 
'136 patent, the claims are infringed, and not invalid, but that the 
existence of a domestic industry was not shown. Id. at 262-63. For the 
'007 patent, the final ID finds that infringement was shown only as to

[[Page 60762]]

claim 18, and that all of the asserted claims (claims 13, 16, and 18) 
are invalid, and no domestic industry was shown. Id. at 263.
    Tessera and the respondents each filed a petition for review of the 
ID. In addition, the parties and a number of non-parties submitted 
statements on the public interest.
    On September 29, 2017, the Commission determined to review the ID 
in part. Notice at 3 (Sept. 29, 2017) (``Notice of Review''). For the 
'007 patent, the Commission determined to review, and on review, to 
take no position on the economic prong of the domestic industry 
requirement, and infringement of claim 18. Id. The Commission 
determined not to review the remainder of the ID as to the '007 patent, 
including the ID's findings concerning anticipation by, or obviousness 
over, the prior art. Id. The investigation was, thus, terminated as to 
the '007 patent. Id. For the '946 patent and the '136 patent, the 
Commission determined not to review the ID's findings concerning the 
level of skill in the art. Id. The Commission determined to review all 
other issues for the '946 patent and the '136 patent. Id. The 
Commission requested further briefing from the parties on the issues 
under review and briefing from the parties and the public on remedy, 
the public interest, and bonding. Id. at 3, 6-8.
    In response to the Commission notice, Tessera and the respondents 
filed opening and reply submissions on the issues under review, and 
remedy, the public interest, and bonding. In addition, the Commission 
received submissions on remedy and the public interest from several 
non-parties.
    On December 18, 2017, Tessera and the respondents filed a joint 
motion to terminate the investigation on the basis of settlement.
    The Commission finds that the motion is proper in form and complies 
with Commission Rules. See 19 CFR 201.6(a), 210.21(b). The Commission 
further finds that termination of the investigation will not adversely 
affect the public interest. Accordingly, the Commission has determined 
to grant the motion. The Commission hereby terminates the 
investigation.
    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: December 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-27639 Filed 12-21-17; 8:45 am]
 BILLING CODE 7020-02-P

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