Certain Network Devices, Related Software and Components Thereof (I): Commission Decision To Terminate the Enforcement Proceeding Based on Settlement, 47641 [2018-20473]

Download as PDF Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices Issued: September 14, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–20441 Filed 9–19–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–944 (Enforcement Proceeding)] Certain Network Devices, Related Software and Components Thereof (I): Commission Decision To Terminate the Enforcement Proceeding Based on Settlement U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to grant the private parties’ joint motion to terminate the enforcement proceeding based on settlement. The enforcement proceeding is terminated. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher 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 the underlying investigation on January 27, 2015, based on a complaint filed on behalf of Cisco Systems, Inc. (‘‘Cisco’’) of San Jose, California. 80 FR 4314–15 (Jan. 27, 2015). 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 network devices, related software and components thereof by reason of infringement of certain claims amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:01 Sep 19, 2018 Jkt 244001 of U.S. Patent No. 7,162,537 (‘‘the ’537 patent’’); U.S. Patent No. 8,356,296 (‘‘the ’296 patent’’); U.S. Patent No. 7,290,164 (‘‘the ’164 patent’’); U.S. Patent No. 7,340,597 (‘‘the ’597 patent’’); U.S. Patent No. 6,741,592 (‘‘the ’592 patent’’); and U.S. Patent No. 7,200,145 (‘‘the ’145 patent’’), and alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The ’296 patent was withdrawn from the investigation. The notice of investigation named Arista Networks, Inc. (‘‘Arista’’) of Santa Clara, California as the respondent. A Commission investigative attorney participated in the investigation. On June 23, 2016, the Commission found that a Section 337 violation had occurred as to the ’537, ’592, and ’145 patents and therefore issued a limited exclusion order and a cease and desist order (‘‘CDO’’) against Arista. 81 FR 42375–76 (June 29, 2016). On August 26, 2016, Cisco filed an enforcement complaint alleging that Arista had violated the June 23, 2016 CDO by reason of infringement of the ’537 patent. The Commission instituted this enforcement proceeding on October 4, 2016, based on Cisco’s complaint. 81 FR 68455 (Oct. 4, 2016). On August 24, 2018, Cisco and Arista filed a joint motion to terminate the enforcement proceeding based on settlement. The motion includes both confidential and public versions of a binding term sheet, and the parties represent that there are no other agreements, written or oral, express or implied between them concerning the subject matter of the proceeding. The parties also contend that the termination of the investigation would not adversely affect the public interest. The Commission has determined to grant the joint motion. The Commission finds that the private parties have complied with the Commission’s Rules, and that termination of the enforcement proceeding would not adversely affect the public interest. The proceeding 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: September 17, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–20473 Filed 9–19–18; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 47641 INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain LTE- and 3G-Compliant Cellular Communications Devices, DN 3342; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of INVT SPE LLC on September 14, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 (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 LTE- and 3Gcompliant cellular communications devices. The complaint names as respondents: Apple Inc. of Cupertino, CA; HTC Corporation of China; HTC America, Inc. of Seattle, Washington; SUMMARY: E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Notices]
[Page 47641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20473]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-944 (Enforcement Proceeding)]


Certain Network Devices, Related Software and Components Thereof 
(I): Commission Decision To Terminate the Enforcement Proceeding Based 
on Settlement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant the private parties' joint motion to 
terminate the enforcement proceeding based on settlement. The 
enforcement proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher 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 the underlying 
investigation on January 27, 2015, based on a complaint filed on behalf 
of Cisco Systems, Inc. (``Cisco'') of San Jose, California. 80 FR 4314-
15 (Jan. 27, 2015). 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 network devices, related software and components thereof by 
reason of infringement of certain claims of U.S. Patent No. 7,162,537 
(``the '537 patent''); U.S. Patent No. 8,356,296 (``the '296 patent''); 
U.S. Patent No. 7,290,164 (``the '164 patent''); U.S. Patent No. 
7,340,597 (``the '597 patent''); U.S. Patent No. 6,741,592 (``the '592 
patent''); and U.S. Patent No. 7,200,145 (``the '145 patent''), and 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337. The '296 patent was withdrawn from 
the investigation. The notice of investigation named Arista Networks, 
Inc. (``Arista'') of Santa Clara, California as the respondent. A 
Commission investigative attorney participated in the investigation.
    On June 23, 2016, the Commission found that a Section 337 violation 
had occurred as to the '537, '592, and '145 patents and therefore 
issued a limited exclusion order and a cease and desist order (``CDO'') 
against Arista. 81 FR 42375-76 (June 29, 2016).
    On August 26, 2016, Cisco filed an enforcement complaint alleging 
that Arista had violated the June 23, 2016 CDO by reason of 
infringement of the '537 patent. The Commission instituted this 
enforcement proceeding on October 4, 2016, based on Cisco's complaint. 
81 FR 68455 (Oct. 4, 2016).
    On August 24, 2018, Cisco and Arista filed a joint motion to 
terminate the enforcement proceeding based on settlement. The motion 
includes both confidential and public versions of a binding term sheet, 
and the parties represent that there are no other agreements, written 
or oral, express or implied between them concerning the subject matter 
of the proceeding. The parties also contend that the termination of the 
investigation would not adversely affect the public interest.
    The Commission has determined to grant the joint motion. The 
Commission finds that the private parties have complied with the 
Commission's Rules, and that termination of the enforcement proceeding 
would not adversely affect the public interest. The proceeding 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: September 17, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-20473 Filed 9-19-18; 8:45 am]
BILLING CODE 7020-02-P