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