Certain Subsea Telecommunication Systems and Components Thereof; Institution of Investigation, 3770-3771 [2018-01379]

Download as PDF 3770 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices Issued: January 23, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–01425 Filed 1–25–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1098] Certain Subsea Telecommunication Systems and Components Thereof; 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 December 22, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Neptune Subsea Acquisitions Ltd. of the United Kingdom; Neptune Subsea IP Ltd. of the United Kingdom; and Xtera, Inc. of Allen, Texas. Supplements to the complaint were filed on January 4 and 8, 2018. 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 subsea telecommunication systems and components thereof by reason of infringement of one or more of U.S. Patent No. 8,380,068 (‘‘the ’068 Patent’’); U.S. Patent No. 7,860,403 (‘‘the ’403 Patent’’); U.S. Patent No. 8,971,171 (‘‘the ’171 Patent’’); U.S. Patent No. 8,351,798 (‘‘the ’798 Patent’’); and U.S. Patent No. 8,406,637 (‘‘the ’637 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 amended 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 daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 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: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. 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 amended complaint, the U.S. International Trade Commission, on January 19, 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 subsea telecommunication systems and components thereof by reason of infringement of one or more of claims 1–15 of the ’068 Patent; claims 1–14 of the ’403 Patent; claims 1–10 of the ’171 Patent; claims 13–20 of the ’798 Patent; and claims 1–6 of the ’637 Patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(l), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); (3) 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: Neptune Subsea Acquisitions Ltd., Bates House, Church Road, Harold Wood, Essex, RM3 0SD, UK PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 Neptune Subsea IP Ltd., Bates House, Church Road, Harold Wood, Essex, RM3 0SD, UK Xtera, Inc., 500 West Bethany Drive, Allen, TX 75013 (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: Nokia Corporation, Karaportti 3, 02610 Espoo, Finland Nokia Solutions and Networks B.V., Antareslaan 1, 2132JE Hoofddorp, The Netherlands Nokia Solutions and Networks Oy, Karaportti 3, 02610 Espoo, Finland Alcatel-Lucent Submarine Networks SAS, 148 Route De La Reine, 148 AU 152, 92100 Boulogne Billancourt, France Nokia Solutions and Networks US LLC, 638 N Fifth Ave, Phoenix, AZ 85003 NEC Corporation, 7–1, Shiba 5-chome, Minato-ku, Tokyo 108–8001, Japan NEC Networks & System Integration Corporation, Iidabashi First Tower, 2– 6–1 Koraku, Bunkyo-ku, Tokyo, 112– 8560, Japan NEC Corporation of America, 3929 W. John Carpenter Freeway, Irving, TX 75063–2909 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW, Suite 401, Washington, DC 20436; and (4) 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 E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 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: January 19, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–01379 Filed 1–25–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–18–004] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: January 30, 2018 at 11:00 a.m. PLACE: Room 100, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote in Inv. No. 731–TA–709 (Fourth Review)(Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Germany). The Commission is currently scheduled to complete and file its determination and views of the Commission by February 13, 2018. 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: January 23, 2018. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2018–01625 Filed 1–24–18; 4:15 pm] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION daltland on DSKBBV9HB2PROD with NOTICES [Investigation No. 337–TA–1097] Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same; Institution of Investigation U.S. International Trade Commission. AGENCY: VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 ACTION: Notice. Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 21, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of BiTMICRO, LLC of Reston,Virginia. An amended complaint was filed on January 9, 2018. A supplement to the amended complaint was filed on January 18, 2018. The amended 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 solid state storage drives, stacked electronics components, and products containing same by reason of infringement of U.S. Patent No. 7,826,243 (‘‘the ’243 Patent’’); U.S. Patent No. 6,529,416 (‘‘the ’416 Patent’’); U.S. Patent No. 9,135,190 (‘‘the ’190 Patent’’); and U.S. Patent No. 8,093,103 (‘‘the ’103 Patent’’). The amended 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 amended 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: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: SUMMARY: Authority: The authority for institution of this investigation is contained in section 337 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 3771 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 amended complaint, the U.S. International Trade Commission, on January 19, 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 solid state storage drives, stacked electronics components, and products containing same by reason of infringement of one or more of claims 1, 2, 11, and 12 of the ’243 Patent; claims 1–20 of the ’416 Patent; claims 1–101 of the ’190 Patent; and claims 12 and 16 of the ’103 Patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Notwithstanding any Commission Rules that would otherwise apply, the presiding Administrative Law Judge shall hold an early evidentiary hearing, find facts, and issue an early decision, as to whether the complainant has satisfied the economic prong of the domestic industry requirement. Any such decision shall be in the form of an initial determination (ID). Petitions for review of such an ID shall be due five calendar days after service of the ID; any replies shall be due three business days after service of a petition. The ID will become the Commission’s final determination 30 days after the date of service of the ID unless the Commission determines to review the ID. Any such review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The Commission expects the issuance of an early ID relating to the economic prong of the domestic industry requirement within 100 days of institution, except that the presiding ALJ may grant a limited extension of the ID for good cause shown. The issuance of an early ID finding that complainant does not satisfy the economic prong of the domestic industry requirement shall stay the investigation unless the Commission orders otherwise; any other decision shall not stay the investigation or delay the issuance of a final ID covering the other issues of the investigation; (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3770-3771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01379]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1098]


Certain Subsea Telecommunication Systems and Components Thereof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 22, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Neptune Subsea 
Acquisitions Ltd. of the United Kingdom; Neptune Subsea IP Ltd. of the 
United Kingdom; and Xtera, Inc. of Allen, Texas. Supplements to the 
complaint were filed on January 4 and 8, 2018. 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 subsea telecommunication systems and 
components thereof by reason of infringement of one or more of U.S. 
Patent No. 8,380,068 (``the '068 Patent''); U.S. Patent No. 7,860,403 
(``the '403 Patent''); U.S. Patent No. 8,971,171 (``the '171 Patent''); 
U.S. Patent No. 8,351,798 (``the '798 Patent''); and U.S. Patent No. 
8,406,637 (``the '637 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 amended 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 amended complaint, 
the U.S. International Trade Commission, on January 19, 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 subsea 
telecommunication systems and components thereof by reason of 
infringement of one or more of claims 1-15 of the '068 Patent; claims 
1-14 of the '403 Patent; claims 1-10 of the '171 Patent; claims 13-20 
of the '798 Patent; and claims 1-6 of the '637 Patent; and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(l), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. l337(d)(l), 
(f)(1), (g)(1);
    (3) 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:

Neptune Subsea Acquisitions Ltd., Bates House, Church Road, Harold 
Wood, Essex, RM3 0SD, UK
Neptune Subsea IP Ltd., Bates House, Church Road, Harold Wood, Essex, 
RM3 0SD, UK
Xtera, Inc., 500 West Bethany Drive, Allen, TX 75013

    (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:

Nokia Corporation, Karaportti 3, 02610 Espoo, Finland
Nokia Solutions and Networks B.V., Antareslaan 1, 2132JE Hoofddorp, The 
Netherlands
Nokia Solutions and Networks Oy, Karaportti 3, 02610 Espoo, Finland
Alcatel-Lucent Submarine Networks SAS, 148 Route De La Reine, 148 AU 
152, 92100 Boulogne Billancourt, France
Nokia Solutions and Networks US LLC, 638 N Fifth Ave, Phoenix, AZ 85003
NEC Corporation, 7-1, Shiba 5-chome, Minato-ku, Tokyo 108-8001, Japan
NEC Networks & System Integration Corporation, Iidabashi First Tower, 
2-6-1 Koraku, Bunkyo-ku, Tokyo, 112-8560, Japan
NEC Corporation of America, 3929 W. John Carpenter Freeway, Irving, TX 
75063-2909

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW, Suite 401, Washington, DC 20436; 
and
    (4) 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

[[Page 3771]]

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: January 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01379 Filed 1-25-18; 8:45 am]
 BILLING CODE 7020-02-P