In the Matter of Certain Audio Processing Hardware, Software, and Products Containing the Same; Notice of Commission's Determination Finding No Violation of Section 337; Termination of the Investigation, 13304-13305 [2018-06158]

Download as PDF 13304 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR PART 780 Number of applicants Section 780.11 780.12 780.13 780.14 780.16 780.18 780.21 780.22 780.23 780.25 780.27 780.29 780.31 780.33 780.35 780.37 780.38 Number of state responses Hours per applicant Hours per state Burden hours requested Hours currently approved Difference ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... 133 133 133 133 133 133 133 133 133 133 27 133 133 133 36 133 133 132 132 132 132 132 132 132 132 132 132 27 132 132 132 36 132 132 8 16 80 80 30 8 160 120 40 40 16 16 8 16 27 23 77.5 7 2 6.5 32 11 5 21.5 18.5 9 10 2.5 5 5 4 12 7 6 1,988 2,392 11,498 14,864 5,442 1,724 24,118 18,402 6,508 6,640 500 2,788 1,724 2,656 1,404 3,983 11,100 806 953 6,661 5,638 2,996 1,156 1,376 3,468 5,495 1,152 345 2,426 1,612 1,734 10,359 4,620 3,470 1,182 1,439 4,837 9,226 2,446 568 22,742 14,934 1,013 5,488 155 362 112 922 ¥8,955 ¥637 7,630 Total .................................................. .................... .................... 765.5 164 117,731 54,267 63,464 An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Dated: March 23, 2018. John A. Trelease, Acting Chief, Division of Regulatory Support. [FR Doc. 2018–06214 Filed 3–27–18; 8:45 am] BILLING CODE 4310–05–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1026] In the Matter of Certain Audio Processing Hardware, Software, and Products Containing the Same; Notice of Commission’s Determination Finding No Violation of Section 337; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission reverses in-part and affirms in-part, with additional reasoning, the final initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) on October 26, 2017. The Commission also takes no position on various issues. The Commission finds no violation of section 337 of the Tariff Act of 1930, as amended, has occurred, and terminates the investigation. daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2737. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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. The Commission instituted this investigation on October 25, 2016, based on a complaint filed by Andrea Electronics Corp. of Bohemia, New York (‘‘Andrea’’). 81 FR 73418 (Oct. 25, 2016). The complaint alleges violations of section 337 by reason of infringement of certain claims of U.S. Patent No. 6,049,607 (‘‘the ’607 patent’’), U.S. Patent No. 6,363,345 (‘‘the ’345 patent’’), and U.S. Patent No. 6,377,637 (‘‘the ’637 patent’’). The Commission’s notice of investigation named the following respondents: Apple Inc. of Cupertino, California (‘‘Apple’’); and Samsung Electronics Co., Ltd. of Gyeonggi-do, Korea, and Samsung Electronics SUPPLEMENTARY INFORMATION: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 America, Inc. of Ridgefield Park, New Jersey (collectively, ‘‘Samsung’’). The Office of Unfair Import Investigations (‘‘OUII’’) is also a party in this investigation. Samsung was previously terminated from the investigation. Order No. 68; Comm’n Notice (Sept. 13, 2017). All asserted claims of the ’607 and ’637 patents were also previously terminated from the investigation. Order No. 37; Comm’n Notice (June 30, 2018); Order No. 31; Comm’n Notice (May 25, 2017). On October 26, 2017, the ALJ issued her final ID finding no violation of section 337 by Apple with respect to the ’345 patent. Specifically, the final ID found that Andrea does not have standing to assert the ’345 patent, the accused products do not infringe the ’345 patent, and Andrea has not met the domestic industry requirements. On November 8, 2017, Andrea and OUII each filed timely petitions for review of the final ID. That same day, Apple filed a contingent petition for review of the final ID. On November 16, 2017, the parties each filed a timely response to the petitions for review. On November 27, 2017, the private parties filed their public interest comments pursuant to Commission Rule 210.50. No public interest comments were received from the public. On January 11, 2018, the Commission determined to review the final ID inpart. 83 FR 2670–71 (Jan. 18, 2018). Specifically, the Commission determined to review the ID’s findings on (1) standing, (2) infringement, (3) invalidity, (4) inequitable conduct, and (5) domestic industry. On January 25, 2018, Andrea, Apple, and OUII each filed a response to the Commission’s E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices notice of review. On February 1, 2018, the parties each filed respective replies. Having considered the record in this investigation and the parties’ submissions, the Commission finds that no violation of section 337 has occurred. The Commission (1) reverses the ID’s finding on standing and finds that Andrea has standing to assert the ’345 patent; (2) affirms, with additional reasoning, the ID’s finding of no domestic industry; and (3) takes no position on the remaining issues under review. 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: March 22, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–06158 Filed 3–27–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1061] Certain Bar Code Readers, Scan Engines, Products Containing the Same, and Components Thereof; Commission Decision Not To Review an Initial Determination Granting an Amended Joint Motion To Terminate the Investigation Based on a License and Settlement Agreement; 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. 22) of the presiding administrative law judge (‘‘ALJ’’) granting an amended joint motion to terminate the investigation based on a license and settlement agreement. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. 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. daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 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 27, 2017, based on a complaint filed by Honeywell International, Inc. of Morris Plains, New Jersey; Hand Held Products, Inc. d/b/a Honeywell Scanning & Mobility of Fort Mill, South Carolina; Metrologic Instruments, Inc. d/b/a Honeywell Scanning & Mobility of Fort Mill, South Carolina (collectively, ‘‘Complainants’’ or ‘‘Honeywell’’). See 82 FR 29095–96 (June 27, 2017). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain bar code readers, scan engines, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,832,725; U.S. Patent No. 8,511,572; U.S. Patent No. 7,148,923; U.S. Patent No. 7,527,206; U.S. Patent No. 8,646,692; and U.S. Patent No. 9,323,969. See id. The notice of investigation names The Code Corporation (‘‘Code’’) of Draper, Utah and Cortex Pte Ltd. (‘‘Cortex’’) of Singapore as respondents in this investigation. See id. The Office of Unfair Import Investigations is not a party to this investigation. See id. On December 8, 2017, the ALJ issued an initial determination partially terminating the investigation as to Cortex as a respondent. See Order No. 12, unreviewed, Comm’n Notice (Jan. 8, 2018). On February 21, 2018, Honeywell and Code filed an amended joint motion to terminate the investigation based on a license and settlement agreement (Motion). On the same day, the ALJ issued the subject ID (Order No. 22) granting the Motion and terminating the investigation. The ID finds that: ‘‘[t]he [Motion] complies with the Commission Rules . . . .’’ See ID at 1. In particular, the ID notes that ‘‘[p]ursuant to Commission Rule 210.21(b)(1)[, 19 CFR 210.21(b)(1)], the movants state: ‘There are no other agreements, written or oral, PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 13305 express or implied, between Honeywell and Code regarding the subject matter of this proceeding.’ ’’ See ID at 1 (citing Motion at 2). In addition, the ID ‘‘does not find any evidence’’ indicating that terminating the investigation would be ‘‘contrary’’ to the public interest. See ID at 2 (citing Motion at 2; 19 CFR 210.50(b)(2)). No petition for review of the ID was filed. The Commission has determined not to review the subject ID. The 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: March 22, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–06142 Filed 3–27–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1094] Certain IOT Devices and Components Thereof (IOT, The Internet of Things)— Web Applications Displayed on a Web Browser; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 10), which terminated the investigation for good cause on the basis of the imminent expiration of the asserted patent. On review, the Commission has determined to affirm the termination based upon the actual expiration of the asserted patent. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, 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 SUMMARY: E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13304-13305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06158]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1026]


In the Matter of Certain Audio Processing Hardware, Software, and 
Products Containing the Same; Notice of Commission's Determination 
Finding No Violation of Section 337; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission reverses in-part and affirms in-part, with additional 
reasoning, the final initial determination (``ID'') issued by the 
presiding administrative law judge (``ALJ'') on October 26, 2017. The 
Commission also takes no position on various issues. The Commission 
finds no violation of section 337 of the Tariff Act of 1930, as 
amended, has occurred, and terminates the investigation.

FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2737. 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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 25, 2016, based on a complaint filed by Andrea Electronics 
Corp. of Bohemia, New York (``Andrea''). 81 FR 73418 (Oct. 25, 2016). 
The complaint alleges violations of section 337 by reason of 
infringement of certain claims of U.S. Patent No. 6,049,607 (``the '607 
patent''), U.S. Patent No. 6,363,345 (``the '345 patent''), and U.S. 
Patent No. 6,377,637 (``the '637 patent''). The Commission's notice of 
investigation named the following respondents: Apple Inc. of Cupertino, 
California (``Apple''); and Samsung Electronics Co., Ltd. of Gyeonggi-
do, Korea, and Samsung Electronics America, Inc. of Ridgefield Park, 
New Jersey (collectively, ``Samsung''). The Office of Unfair Import 
Investigations (``OUII'') is also a party in this investigation. 
Samsung was previously terminated from the investigation. Order No. 68; 
Comm'n Notice (Sept. 13, 2017). All asserted claims of the '607 and 
'637 patents were also previously terminated from the investigation. 
Order No. 37; Comm'n Notice (June 30, 2018); Order No. 31; Comm'n 
Notice (May 25, 2017).
    On October 26, 2017, the ALJ issued her final ID finding no 
violation of section 337 by Apple with respect to the '345 patent. 
Specifically, the final ID found that Andrea does not have standing to 
assert the '345 patent, the accused products do not infringe the '345 
patent, and Andrea has not met the domestic industry requirements.
    On November 8, 2017, Andrea and OUII each filed timely petitions 
for review of the final ID. That same day, Apple filed a contingent 
petition for review of the final ID. On November 16, 2017, the parties 
each filed a timely response to the petitions for review. On November 
27, 2017, the private parties filed their public interest comments 
pursuant to Commission Rule 210.50. No public interest comments were 
received from the public.
    On January 11, 2018, the Commission determined to review the final 
ID in-part. 83 FR 2670-71 (Jan. 18, 2018). Specifically, the Commission 
determined to review the ID's findings on (1) standing, (2) 
infringement, (3) invalidity, (4) inequitable conduct, and (5) domestic 
industry. On January 25, 2018, Andrea, Apple, and OUII each filed a 
response to the Commission's

[[Page 13305]]

notice of review. On February 1, 2018, the parties each filed 
respective replies.
    Having considered the record in this investigation and the parties' 
submissions, the Commission finds that no violation of section 337 has 
occurred. The Commission (1) reverses the ID's finding on standing and 
finds that Andrea has standing to assert the '345 patent; (2) affirms, 
with additional reasoning, the ID's finding of no domestic industry; 
and (3) takes no position on the remaining issues under review.
    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: March 22, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-06158 Filed 3-27-18; 8:45 am]
 BILLING CODE 7020-02-P