Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof; Commission Decision To Affirm-in-Part, Modify-in-Part, Reverse-in-Part, and Strike Certain Portions of a Final Initial Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Orders; and Termination of the Investigation, 59415-59417 [2018-25463]

Download as PDF 59415 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices this ICR, contact Paul Matuska by email at pmatuska@usbr.gov, or by telephone at 702–293–8164. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of Reclamation; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might Reclamation enhance the quality, utility, and clarity of the information to be collected; and (5) how might Reclamation minimize the burden of this collection on the respondents, including through the use of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or Form No. Annual ................................. Annual ................................. Monthly ................................ Annual ................................. Total ............................. LC–72A .............................. LC–72B .............................. Custom Forms .................... Custom Forms .................... ............................................. Dated: October 26, 2018. Terrance J. Fulp, Regional Director, Lower Colorado Region. [FR Doc. 2018–25498 Filed 11–21–18; 8:45 am] BILLING CODE 4332–90–P 1 12 23 17 53 Number responses/ respondent 10 10 10 10 ........................ 1 1 12 1 ........................ [Investigation No. 337–TA–1053] Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof; Commission Decision To Affirm-in-Part, Modify-inPart, Reverse-in-Part, and Strike Certain Portions of a Final Initial Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Orders; and Termination of the Investigation U.S. International Trade Commission. AGENCY: VerDate Sep<11>2014 18:33 Nov 21, 2018 Jkt 247001 PO 00000 Notice. Frm 00062 Fmt 4703 Sfmt 4703 Total hours/ year Total responses/ year 0.17 2 46 2.8 51 1 12 276 17 306 Notice is hereby given that the U.S. International Trade Commission has determined to affirmin-part, modify-in-part, reverse-in-part, and strike certain portions of a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’). Accordingly, the Commission has determined that a violation of section 337 has occurred in the abovecaptioned investigation, and has issued a limited exclusion order directed against infringing two-way radio products and cease and desist orders directed against two domestic respondents found in violation. The Commission has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International SUMMARY: INTERNATIONAL TRADE COMMISSION ACTION: and return flows. Reclamation determines the consumptive use by subtracting return flow from diversions or by other engineering means. Title of Collection: Diversions, Return Flow, and Consumptive Use of Colorado River Water in the Lower Colorado River Basin. OMB Control Number: 1006–0015. Form Number: LC–2A, LC–2B, Custom Forms. Type of Review: Revision of a currently approved collection. Respondents/Affected Public: The respondents will include the Lower Basin States (Arizona, California, and Nevada), local and tribal entities, water districts, and individuals that use Colorado River water. Total Estimated Number of Annual Respondents: 53. Total Estimated Number of Annual Responses: 306. Estimated Completion Time per Response: See table. Total Estimated Number of Annual Burden Hours: 51 hours. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: Monthly, annually, or otherwise as stipulated by the entity’s water delivery contract with the Secretary of the Interior. Total Estimated Annual Non-hour Burden Cost: 0. Minutes/ response Number of respondents Monthly/annual 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.). amozie on DSK3GDR082PROD with NOTICES1 summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: The Bureau of Reclamation delivers Colorado River water to water users for diversion and beneficial consumptive use in the States of Arizona, California, and Nevada. The Consolidated Decree of the United States Supreme Court in the case of Arizona v. California, et al., entered March 27, 2006 (547 U.S. 150 (2006)), requires the Secretary of the Interior to prepare and maintain complete, detailed, and accurate records of diversions of water, return flow, and consumptive use and make these records available at least annually. The information collected ensures that a State or a water user within a State does not exceed its authorized use of Colorado River water. Water users are obligated by provisions in their water delivery contracts to provide Reclamation information on diversions E:\FR\FM\23NON1.SGM 23NON1 amozie on DSK3GDR082PROD with NOTICES1 59416 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices 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 May 3, 2017, based on a complaint filed on behalf of Motorola Solutions, Inc. (‘‘Motorola’’) of Chicago, Illinois. 82 FR 20635–36. The complaint alleges 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 U.S. Patent Nos.: 8,116,284 (‘‘the ’284 patent’’); 7,369,869 (‘‘the ’869 patent’’); 7,729,701 (‘‘the ’701 patent’’); 8,279,991 (‘‘the ‘991 patent’’); 9,099,972 (‘‘the ’972 patent’’); 8,032,169 (‘‘the ’169 patent’’); and 6,591,111 (‘‘the ’111 patent’’). The Commission’s Notice of Investigation named as respondents Hytera Communications Corp. Ltd. of Shenzhen, China; Hytera America, Inc. (‘‘Hytera America’’) of Miramar, Florida; and Hytera Communications America (West), Inc. (‘‘Hytera Communications America’’) of Irvine, California (collectively, ‘‘Hytera’’). The Office of Unfair Import Investigations is not participating in the investigation. Id. On September 18, 2017, the Commission issued notice of its determination not to review an ID (Order No. 10) terminating the investigation as to: (1) Claims 2, 5, 10, and 16 of the ’284 patent; (2) claims 2– 3, 8, 12, 14–15, 20, 22–24, and 30 of the ’169 patent; (3) claims 5, 8, 11–14, 18, and 22 of the ’869 patent; (4) claims 3, 5, 8–10, 15, and 17–18 of the ’701 patent; (5) claim 3 of the ’972 patent; and (6) claims 3–5, 8–10, and 14 of the ’111 patent. On October 17, 2017, the Commission issued notice of its determination not to review an ID (Order No. 16) terminating the investigation as to claim 10 of the ’869 patent. On November 14, 2017, the Commission issued notice of its determination not to review an ID VerDate Sep<11>2014 18:33 Nov 21, 2018 Jkt 247001 (Order No. 19) terminating the investigation as to: (1) Claims 1, 4, 12, and 18 of the ’284 patent; (2) claims 4, 13, 16, and 25 of the ’169 patent; (3) claims 3–4, 9, 19–20, and 23–24 of the ’869 patent; (4) claims 2, 4, and 14 of the ’701 patent; (5) claims 4 and 8 of the ’972 patent; (6) claims 6 and 12 of the ’111 patent; and (7) claim 19 of the ’991 patent for the purposes of satisfying the technical prong of the domestic industry requirement. On December 4, 2017, the Commission issued notice of its determination not to review an ID (Order No. 21) terminating the investigation as to claims 5 and 18 of the ’169 patent. On January 3, 2018, the Commission issued notice of its determination not to review an ID (Order No. 23) terminating the investigation as to: (1) The ’111 and ’169 patents; (2) claims 2 and 7 of the ’869 patent; and (3) claims 7–8 and 19 of the ’284 patent. On the same date, the Commission issued notice of its determination not to review an ID (Order No. 24) terminating the investigation as to claim 1 of the ’701 patent. On February 6, 2018, the Commission issued notice of its determination not to review an ID (Order No. 31) terminating the investigation as to the following patent claims: (1) Claim 13 of the ’701 patent; (2) claim 6 of the ’284 patent; and (3) claim 1 of the ’972 patent. On February 26, 2018, the Commission issued notice of its determination not to review an ID (Order No. 40) terminating the investigation as to the ’972 patent. On January 26, 2018, the ALJ issued Order No. 38 which granted Motorola’s motion in limine to preclude Hytera’s licensing defense. On May 18, 2018, the ALJ issued Order No. 47, which grantedin-part Motorola’s motion to strike certain portions of Hytera’s expert testimony at the evidentiary hearing. On July 3, 2018, the ALJ issued her final ID and recommended determination (‘‘RD’’) on remedy and bonding in one document. The ID finds that Hytera’s accused products infringe claims 1, 6, 17, and 21 of the ’869 patent; claims 1 and 11 of the ’701 patent; and claims 7– 8 of the ’991 patent. The ID also finds that Hytera’s accused legacy products literally infringe claims 9 and 13–15 of the ’284 patent and that Hytera’s accused redesigned products infringe these claims under the doctrine of equivalents. The ID also finds that Hytera induced infringement of and contributorily infringed all of the claims of the asserted patents. As part of the ID’s finding of indirect infringement, the ID applied an adverse inference against Hytera for certain of its witnesses’ PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 invocation of their Fifth Amendment right against self-incrimination. The ID also finds that Motorola satisfies the domestic industry requirement with respect to the ’869, ’701, and ’991 patents, but that its domestic products do not satisfy the technical prong of the domestic industry requirement with respect to the ’284 patent. Accordingly, the ID finds a violation of section 337 with respect to the ’869, ’701, and ’991 patents. The RD recommended the issuance of limited exclusion orders directed against Hytera’s infringing products and cease and desist orders directed against two domestic Hytera respondents. On July 17, 2018, Motorola and Hytera petitioned for review of the final ID. Hytera’s petition for review included a petition for review of Order Nos. 38 and 47. On July 25, 2018, Motorola and Hytera each filed a response in opposition to the other party’s petition for review. On August 6 and 7, 2018, respectively, Hytera and Motorola filed statements on the public interest. On August 10, 2018, the Commission received statements on the public interest from interested non-parties. On September 4, 2018, the Commission issued notice of its determination to review the following: (1) Order No. 38’s finding that Hytera’s licensing defense is precluded; (2) Order No. 47’s finding that certain expert testimony from Hytera at the evidentiary hearing is stricken; (3) the ID’s finding that Hytera’s accused redesigned products infringe claims 9 and 13–15 of the ’284 patent under the doctrine of equivalents; (4) the ID’s application of an adverse inference against Hytera as part of the finding of indirect infringement; and (5) the ID’s finding that insufficient record evidence exists to make a conclusive determination as to whether any redesigned products infringe the ’701 patent and ID’s lack of an express finding on this issue with respect to the ’869 or ’991 patent. The Commission determined not to review the remainder of the final ID. The determinations made in the final ID that were not reviewed became final determinations of the Commission by operation of rule. See 19 CFR 210.43(h)(2). The Commission also (1) requested the parties to respond to certain questions concerning the issues under review; and (2) requested written submissions on the issues of remedy, the public interest, and bonding from the parties, interested government agencies, and interested non-parties, including requesting the parties to respond to certain questions concerning the public interest. 83 FR 45679–81 (Sept. 10, 2018). E:\FR\FM\23NON1.SGM 23NON1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices On September 18 and 25, 2018, respectively, complainant and respondents each filed a brief and a reply brief on all issues for which the Commission requested written submissions. The Commission also received written submissions on the public interest from interested nonparties on September 18, 2018. Having reviewed the record in this investigation, including the final ID and the parties’ written submissions, the Commission has determined to affirmin-part, reverse-in-part, modify-in-part, and strike certain portions of the final ID’s findings under review. Specifically, the Commission has: (1) Reversed the ID’s finding that Hytera’s accused redesigned products infringe claims 9 and 13–15 of the ’284 patent under the doctrine of equivalents; (2) struck the first and second sentences of the fourth paragraph on page 8 in Order No. 38, and struck the third sentence of this paragraph ‘‘There is no analysis’’ and substituted ‘‘There is no analysis in Dr. Akl’s Report,’’ and struck the second sentence of the first full paragraph on page 9 of Order No. 38; (3) affirmed Order No. 47 and supplemented and clarified its reasoning; (4) took no position on the ID’s drawing of an adverse inference against Hytera as part of its finding of indirect infringement; and (5) found that Hytera’s redesigned products do not infringe the ’701, ’869, or ’991 patents. Accordingly, the Commission has found that there is a violation of section 337 with respect to the ’991, ’869, and ’701 patents. Having found a violation of section 337 as to these patents, the Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is (1) a limited exclusion order prohibiting the unlicensed entry of twoway radio equipment and systems, related software and components thereof that infringe one or more of claims 1, 6, 17, and 21 of the ’869 patent; claims 1 and 11 of the ’701 patent; and claims 7–8 of the ’991 patent, which are manufactured abroad by or on behalf of, or are imported by or on behalf of, Hytera, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; and (2) cease and desist orders prohibiting Hytera America or Hytera Communications America from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents VerDate Sep<11>2014 18:33 Nov 21, 2018 Jkt 247001 or distributors for two-way radio equipment and systems, related software and components thereof that infringe one or more of claims 1, 6, 17, and 21 of the ’869 patent; claims 1 and 11 of the ’701 patent; and claims 7–8 of the ’991 patent. The Commission further determined that the public interest factors enumerated in section 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not preclude issuance of the limited exclusion order or cease and desist orders. Finally, the Commission determined that a bond of 44 percent of the entered value of the covered products is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)). The Commission has also issued an opinion explaining the basis for the Commission’s action. The Commission’s order and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. 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: November 16, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–25463 Filed 11–21–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. TA–131–044 and TPA– 105–005] U.S.-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports; Institution of Investigation and Scheduling of Hearing United States International Trade Commission. ACTION: Notice of investigation and scheduling of a public hearing. AGENCY: Following receipt on November 9, 2018, of a request from the United States Trade Representative (USTR) for a report containing advice and an assessment, the Commission instituted Investigation Nos. TA–131– 044 and TPA–105–005, U.S.-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-free SUMMARY: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 59417 Treatment for Currently Dutiable Imports. DATES: December 6, 2018: Deadline for filing requests to appear at the public hearing. December 10, 2018: Deadline for filing prehearing briefs and statements. December 18, 2018: Public hearing. January 4, 2019: Deadline for filing post-hearing briefs and submissions. January 4, 2019: Deadline for filing all other written statements. March 19, 2019: Transmittal of Commission report to the USTR. ADDRESSES: All Commission offices, including the Commission’s hearing rooms, are located in the U.S. International Trade Commission Building, 500 E Street SW, Washington, DC. All written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. 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: Project Leader Diana Friedman (202– 205–3433 or diana.friedman@usitc.gov ) or Deputy Project Leader Mary Roop (202–708–2277 or mary.roop@usitc.gov) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission’s Office of the General Counsel (202–205–3091 or william.gearhart@usitc.gov). The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter by contacting the Commission’s TDD terminal at 202–205–1810. General information concerning the Commission may also be obtained by accessing its website (https://www.usitc.gov). 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. SUPPLEMENTARY INFORMATION: Background: In his letter of November 8, 2018, the USTR requested that the Commission provide certain advice under section 131 of the Trade Act of 1974 (19 U.S.C. 2151) and an assessment under section 105(a)(2)(B)(i)(III) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(a)(2)(B)(i)(III)) with respect to the effects of providing duty-free treatment for imports of products from the EU. More specifically, the USTR, under authority delegated by the President and E:\FR\FM\23NON1.SGM 23NON1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59415-59417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25463]


=======================================================================
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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1053]


Certain Two-Way Radio Equipment and Systems, Related Software and 
Components Thereof; Commission Decision To Affirm-in-Part, Modify-in-
Part, Reverse-in-Part, and Strike Certain Portions of a Final Initial 
Determination Finding a Violation of Section 337; Issuance of Limited 
Exclusion Order and Cease and Desist Orders; 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 affirm-in-part, modify-in-part, reverse-
in-part, and strike certain portions of a final initial determination 
(``ID'') of the presiding administrative law judge (``ALJ''). 
Accordingly, the Commission has determined that a violation of section 
337 has occurred in the above-captioned investigation, and has issued a 
limited exclusion order directed against infringing two-way radio 
products and cease and desist orders directed against two domestic 
respondents found in violation. The Commission has terminated the 
investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International

[[Page 59416]]

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 May 3, 2017, based on a complaint filed on behalf of Motorola 
Solutions, Inc. (``Motorola'') of Chicago, Illinois. 82 FR 20635-36. 
The complaint alleges 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 U.S. Patent Nos.: 8,116,284 (``the '284 patent''); 7,369,869 
(``the '869 patent''); 7,729,701 (``the '701 patent''); 8,279,991 
(``the `991 patent''); 9,099,972 (``the '972 patent''); 8,032,169 
(``the '169 patent''); and 6,591,111 (``the '111 patent''). The 
Commission's Notice of Investigation named as respondents Hytera 
Communications Corp. Ltd. of Shenzhen, China; Hytera America, Inc. 
(``Hytera America'') of Miramar, Florida; and Hytera Communications 
America (West), Inc. (``Hytera Communications America'') of Irvine, 
California (collectively, ``Hytera''). The Office of Unfair Import 
Investigations is not participating in the investigation. Id.
    On September 18, 2017, the Commission issued notice of its 
determination not to review an ID (Order No. 10) terminating the 
investigation as to: (1) Claims 2, 5, 10, and 16 of the '284 patent; 
(2) claims 2-3, 8, 12, 14-15, 20, 22-24, and 30 of the '169 patent; (3) 
claims 5, 8, 11-14, 18, and 22 of the '869 patent; (4) claims 3, 5, 8-
10, 15, and 17-18 of the '701 patent; (5) claim 3 of the '972 patent; 
and (6) claims 3-5, 8-10, and 14 of the '111 patent. On October 17, 
2017, the Commission issued notice of its determination not to review 
an ID (Order No. 16) terminating the investigation as to claim 10 of 
the '869 patent. On November 14, 2017, the Commission issued notice of 
its determination not to review an ID (Order No. 19) terminating the 
investigation as to: (1) Claims 1, 4, 12, and 18 of the '284 patent; 
(2) claims 4, 13, 16, and 25 of the '169 patent; (3) claims 3-4, 9, 19-
20, and 23-24 of the '869 patent; (4) claims 2, 4, and 14 of the '701 
patent; (5) claims 4 and 8 of the '972 patent; (6) claims 6 and 12 of 
the '111 patent; and (7) claim 19 of the '991 patent for the purposes 
of satisfying the technical prong of the domestic industry requirement.
    On December 4, 2017, the Commission issued notice of its 
determination not to review an ID (Order No. 21) terminating the 
investigation as to claims 5 and 18 of the '169 patent. On January 3, 
2018, the Commission issued notice of its determination not to review 
an ID (Order No. 23) terminating the investigation as to: (1) The '111 
and '169 patents; (2) claims 2 and 7 of the '869 patent; and (3) claims 
7-8 and 19 of the '284 patent. On the same date, the Commission issued 
notice of its determination not to review an ID (Order No. 24) 
terminating the investigation as to claim 1 of the '701 patent. On 
February 6, 2018, the Commission issued notice of its determination not 
to review an ID (Order No. 31) terminating the investigation as to the 
following patent claims: (1) Claim 13 of the '701 patent; (2) claim 6 
of the '284 patent; and (3) claim 1 of the '972 patent. On February 26, 
2018, the Commission issued notice of its determination not to review 
an ID (Order No. 40) terminating the investigation as to the '972 
patent.
    On January 26, 2018, the ALJ issued Order No. 38 which granted 
Motorola's motion in limine to preclude Hytera's licensing defense. On 
May 18, 2018, the ALJ issued Order No. 47, which granted-in-part 
Motorola's motion to strike certain portions of Hytera's expert 
testimony at the evidentiary hearing. On July 3, 2018, the ALJ issued 
her final ID and recommended determination (``RD'') on remedy and 
bonding in one document. The ID finds that Hytera's accused products 
infringe claims 1, 6, 17, and 21 of the '869 patent; claims 1 and 11 of 
the '701 patent; and claims 7-8 of the '991 patent. The ID also finds 
that Hytera's accused legacy products literally infringe claims 9 and 
13-15 of the '284 patent and that Hytera's accused redesigned products 
infringe these claims under the doctrine of equivalents. The ID also 
finds that Hytera induced infringement of and contributorily infringed 
all of the claims of the asserted patents. As part of the ID's finding 
of indirect infringement, the ID applied an adverse inference against 
Hytera for certain of its witnesses' invocation of their Fifth 
Amendment right against self-incrimination. The ID also finds that 
Motorola satisfies the domestic industry requirement with respect to 
the '869, '701, and '991 patents, but that its domestic products do not 
satisfy the technical prong of the domestic industry requirement with 
respect to the '284 patent. Accordingly, the ID finds a violation of 
section 337 with respect to the '869, '701, and '991 patents. The RD 
recommended the issuance of limited exclusion orders directed against 
Hytera's infringing products and cease and desist orders directed 
against two domestic Hytera respondents.
    On July 17, 2018, Motorola and Hytera petitioned for review of the 
final ID. Hytera's petition for review included a petition for review 
of Order Nos. 38 and 47. On July 25, 2018, Motorola and Hytera each 
filed a response in opposition to the other party's petition for 
review. On August 6 and 7, 2018, respectively, Hytera and Motorola 
filed statements on the public interest. On August 10, 2018, the 
Commission received statements on the public interest from interested 
non-parties.
    On September 4, 2018, the Commission issued notice of its 
determination to review the following: (1) Order No. 38's finding that 
Hytera's licensing defense is precluded; (2) Order No. 47's finding 
that certain expert testimony from Hytera at the evidentiary hearing is 
stricken; (3) the ID's finding that Hytera's accused redesigned 
products infringe claims 9 and 13-15 of the '284 patent under the 
doctrine of equivalents; (4) the ID's application of an adverse 
inference against Hytera as part of the finding of indirect 
infringement; and (5) the ID's finding that insufficient record 
evidence exists to make a conclusive determination as to whether any 
redesigned products infringe the '701 patent and ID's lack of an 
express finding on this issue with respect to the '869 or '991 patent. 
The Commission determined not to review the remainder of the final ID. 
The determinations made in the final ID that were not reviewed became 
final determinations of the Commission by operation of rule. See 19 CFR 
210.43(h)(2). The Commission also (1) requested the parties to respond 
to certain questions concerning the issues under review; and (2) 
requested written submissions on the issues of remedy, the public 
interest, and bonding from the parties, interested government agencies, 
and interested non-parties, including requesting the parties to respond 
to certain questions concerning the public interest. 83 FR 45679-81 
(Sept. 10, 2018).

[[Page 59417]]

    On September 18 and 25, 2018, respectively, complainant and 
respondents each filed a brief and a reply brief on all issues for 
which the Commission requested written submissions. The Commission also 
received written submissions on the public interest from interested 
non-parties on September 18, 2018.
    Having reviewed the record in this investigation, including the 
final ID and the parties' written submissions, the Commission has 
determined to affirm-in-part, reverse-in-part, modify-in-part, and 
strike certain portions of the final ID's findings under review. 
Specifically, the Commission has: (1) Reversed the ID's finding that 
Hytera's accused redesigned products infringe claims 9 and 13-15 of the 
'284 patent under the doctrine of equivalents; (2) struck the first and 
second sentences of the fourth paragraph on page 8 in Order No. 38, and 
struck the third sentence of this paragraph ``There is no analysis'' 
and substituted ``There is no analysis in Dr. Akl's Report,'' and 
struck the second sentence of the first full paragraph on page 9 of 
Order No. 38; (3) affirmed Order No. 47 and supplemented and clarified 
its reasoning; (4) took no position on the ID's drawing of an adverse 
inference against Hytera as part of its finding of indirect 
infringement; and (5) found that Hytera's redesigned products do not 
infringe the '701, '869, or '991 patents. Accordingly, the Commission 
has found that there is a violation of section 337 with respect to the 
'991, '869, and '701 patents.
    Having found a violation of section 337 as to these patents, the 
Commission has made its determination on the issues of remedy, the 
public interest, and bonding. The Commission has determined that the 
appropriate form of relief is (1) a limited exclusion order prohibiting 
the unlicensed entry of two-way radio equipment and systems, related 
software and components thereof that infringe one or more of claims 1, 
6, 17, and 21 of the '869 patent; claims 1 and 11 of the '701 patent; 
and claims 7-8 of the '991 patent, which are manufactured abroad by or 
on behalf of, or are imported by or on behalf of, Hytera, or any of its 
affiliated companies, parents, subsidiaries, or other related business 
entities, or their successors or assigns; and (2) cease and desist 
orders prohibiting Hytera America or Hytera Communications America from 
conducting any of the following activities in the United States: 
Importing, selling, marketing, advertising, distributing, offering for 
sale, transferring (except for exportation), and soliciting U.S. agents 
or distributors for two-way radio equipment and systems, related 
software and components thereof that infringe one or more of claims 1, 
6, 17, and 21 of the '869 patent; claims 1 and 11 of the '701 patent; 
and claims 7-8 of the '991 patent.
    The Commission further determined that the public interest factors 
enumerated in section 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), 
(f)(1)) do not preclude issuance of the limited exclusion order or 
cease and desist orders. Finally, the Commission determined that a bond 
of 44 percent of the entered value of the covered products is required 
to permit temporary importation during the period of Presidential 
review (19 U.S.C. 1337(j)). The Commission has also issued an opinion 
explaining the basis for the Commission's action. The Commission's 
order and opinion were delivered to the President and to the United 
States Trade Representative on the day of their issuance. 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: November 16, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-25463 Filed 11-21-18; 8:45 am]
BILLING CODE 7020-02-P

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