Certain Memory Modules and Components Thereof, and Products Containing Same: Commission Determination To Review-in-Part an Initial Determination Finding No Violation of Section 337; on Review, To Take No Position on One Issue; Affirmance of the Finding of No Violation and Termination of the Investigation, 3023-3024 [2018-00983]

Download as PDF ethrower on DSK3G9T082PROD with NOTICES Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices components thereof by reason of infringement of certain claims of U.S. Patent No. 6,511,257 (‘‘the ’257 patent’’) and U.S. Patent No. 6,695,527 (‘‘the ’527 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests 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: Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2017). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 16, 2018, 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 load supporting systems, including composite mat systems, and components thereof by reason of infringement of one or more of claims 1–4 of the ’257 patent and claims 1, 4, 5, 7, and 8 of the ’527 patent; and VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 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 complainant is: Newpark Mats & Integrated Services LLC, 9320 Lakeside Boulevard, Suite 100, The Woodlands, TX 77381. (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: Checkers Industrial Products, LLC, 620 Compton Street, Broomfield, CO 80020. Checkers Safety Group UK LTD, 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT. Zigma Ground Solutions LTD, Unit 11 M11 Business Link Parsonage Lane, Stansted, Essex, United Kingdom, CM24 8GF. (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 3023 By order of the Commission. Issued: January 17, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–01036 Filed 1–19–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1023] Certain Memory Modules and Components Thereof, and Products Containing Same: Commission Determination To Review-in-Part an Initial Determination Finding No Violation of Section 337; on Review, To Take No Position on One Issue; Affirmance of the Finding of No Violation and 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 to reviewin-part a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337. On review, the Commission has determined to take no position on the issue under review. The Commission has also determined to affirm the ID’s finding of no violation of section 337 and has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. 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 October 7, 2016, based on a SUMMARY: E:\FR\FM\22JAN1.SGM 22JAN1 ethrower on DSK3G9T082PROD with NOTICES 3024 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices complaint filed on behalf of Netlist, Inc. of Irvine, California. 81 FR 69853–54. The complaint, as supplemented, alleged 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 the following U.S. Patent Nos.: 8,756,364 (‘‘the ’364 patent’’); 8,689,064; 8,516,185; 8,001,434 (‘‘the ’434 patent’’); 8,359,501 (‘‘the ’501 patent’’); and 8,489,837. The Commission’s notice of investigation named SK Hynix Inc. of Gyeoonggi-do, Republic of Korea; and SK Hynix America Inc. and SK Hynix Memory Solutions Inc., both of San Jose, California, as respondents. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. Id. On May 31, 2017, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 21) terminating the investigation as to the ’364 patent based on partial withdrawal of the complaint. On November 14, 2017, the ALJ issued his final ID and recommended determination (RD) on remedy and bonding in one document. The ID finds, inter alia, that none of respondents’ accused products infringe any of the remaining asserted patents. The ID also finds that claims 1–3 and 5–7 of the ’434 patent and claim 1 of the ’501 patent are not invalid as anticipated in view of U.S. Patent Publication No. 2005/ 0257109 A1 (‘‘Averbuj’’). On November 27, 2017, complainant and respondents petitioned for review of the final ID. On December 5, 2017, complainant, respondents, and OUII each filed a response in opposition to the opposing petition for review. On December 5, 2017, the Chairman granted respondents’ motion for leave to refile its petition for review out of time. Having examined the record of this investigation, including the ID, the parties’ petitions for review, and the responses thereto, the Commission has determined to review-in-part the final ID. Specifically, the Commission has determined to review the ID’s finding that claims 1–3 and 5–7 of the ’434 patent and claim 1 of the ’501 patent are not anticipated by Averbuj. The Commission has determined not to review the remainder of the final ID. On review, the Commission determines to take no position on the ID’s finding that claims 1–3 and 5–7 of the ’434 patent and claim 1 of the ’501 patent are not invalid as anticipated in view of Averbuj. See Beloit Corp. v. Valmet Oy, 742 F.2d 1421 (Fed. Cir. 1984). The Commission therefore affirms the ID’s finding of no violation of section 337 and terminates the investigation. VerDate Sep<11>2014 19:00 Jan 19, 2018 Jkt 244001 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: January 16, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–00983 Filed 1–19–18; 8:45 am] BILLING CODE 7020–02–P appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–591 and 731– TA–1399 (Preliminary)] Common Alloy Aluminum Sheet From China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of common alloy aluminum sheet from China, provided for in subheadings 7606.11.30, 7606.11.60, 7606.12.30, 7606.12.60, 7606.91.30, 7606.91.60, 7606.92.30, and 7606.92.60 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of China. Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of These investigations were instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to a notification of investigations selfinitiated by the U.S. Department of Commerce deemed by the Commission as having been filed on December 1, 2017. Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of December 8, 2017 (82 FR 58025). The conference was held in Washington, DC, on December 21, 2017, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on January 16, 2018. The views of the Commission are contained in USITC Publication 4757 (January 2018), entitled Common Alloy Aluminum Sheet from China: Investigation Nos. 701–TA–591 and 731–TA–1399 (Preliminary). By order of the Commission. Issued: January 17, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–01034 Filed 1–19–18; 8:45 am] BILLING CODE 7020–02–P 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00067 Fmt 4703 Sfmt 9990 E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Pages 3023-3024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00983]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1023]


Certain Memory Modules and Components Thereof, and Products 
Containing Same: Commission Determination To Review-in-Part an Initial 
Determination Finding No Violation of Section 337; on Review, To Take 
No Position on One Issue; Affirmance of the Finding of No Violation and 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part a final initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') finding no violation of section 337. On review, the 
Commission has determined to take no position on the issue under 
review. The Commission has also determined to affirm the ID's finding 
of no violation of section 337 and has terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 October 7, 2016, based on a

[[Page 3024]]

complaint filed on behalf of Netlist, Inc. of Irvine, California. 81 FR 
69853-54. The complaint, as supplemented, alleged 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 the following U.S. Patent Nos.: 
8,756,364 (``the '364 patent''); 8,689,064; 8,516,185; 8,001,434 (``the 
'434 patent''); 8,359,501 (``the '501 patent''); and 8,489,837. The 
Commission's notice of investigation named SK Hynix Inc. of Gyeoonggi-
do, Republic of Korea; and SK Hynix America Inc. and SK Hynix Memory 
Solutions Inc., both of San Jose, California, as respondents. The 
Office of Unfair Import Investigations (``OUII'') is also a party to 
the investigation. Id.
    On May 31, 2017, the Commission issued notice of its determination 
not to review the ALJ's ID (Order No. 21) terminating the investigation 
as to the '364 patent based on partial withdrawal of the complaint.
    On November 14, 2017, the ALJ issued his final ID and recommended 
determination (RD) on remedy and bonding in one document. The ID finds, 
inter alia, that none of respondents' accused products infringe any of 
the remaining asserted patents. The ID also finds that claims 1-3 and 
5-7 of the '434 patent and claim 1 of the '501 patent are not invalid 
as anticipated in view of U.S. Patent Publication No. 2005/0257109 A1 
(``Averbuj'').
    On November 27, 2017, complainant and respondents petitioned for 
review of the final ID. On December 5, 2017, complainant, respondents, 
and OUII each filed a response in opposition to the opposing petition 
for review. On December 5, 2017, the Chairman granted respondents' 
motion for leave to refile its petition for review out of time.
    Having examined the record of this investigation, including the ID, 
the parties' petitions for review, and the responses thereto, the 
Commission has determined to review-in-part the final ID. Specifically, 
the Commission has determined to review the ID's finding that claims 1-
3 and 5-7 of the '434 patent and claim 1 of the '501 patent are not 
anticipated by Averbuj. The Commission has determined not to review the 
remainder of the final ID.
    On review, the Commission determines to take no position on the 
ID's finding that claims 1-3 and 5-7 of the '434 patent and claim 1 of 
the '501 patent are not invalid as anticipated in view of Averbuj. See 
Beloit Corp. v. Valmet Oy, 742 F.2d 1421 (Fed. Cir. 1984). The 
Commission therefore affirms the ID's finding of no violation of 
section 337 and 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: January 16, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-00983 Filed 1-19-18; 8:45 am]
BILLING CODE 7020-02-P