Certain Digital Cameras, Software, and Components Thereof: Notice of Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation, 9382 [2019-04722]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Page 9382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04722]



[[Page 9382]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1059]


Certain Digital Cameras, Software, and Components Thereof: Notice 
of Commission Determination To Grant a Joint Motion To Terminate the 
Investigation on the Basis of a Settlement Agreement; Termination of 
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 has determined to grant a joint motion to terminate the 
above-captioned investigation based upon a settlement agreement. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2301. 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 (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 2, 2017, based on a complaint filed by Carl Zeiss AG of 
Oberkochen, Germany, and ASML Netherlands B.V. of Veldhoven, 
Netherlands (collectively, ``Complainants''). 82 FR 25627-28. The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337 (``section 337''), in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain digital cameras, software, 
and components thereof that infringe U.S. Patent Nos. 6,301,440 (``the 
'440 patent''); 6,463,163 (``the '163 patent''); 6,714,241 (``the '241 
patent''); 6,731,335 (``the '335 patent''); 6,834,128 (``the '128 
patent''); 7,297,916 (``the '916 patent''); and 7,933,454 (``the '454 
patent''). Id. The complaint further alleges that a domestic industry 
exists in the United States. The Commission's notice of investigation 
named as respondents Nikon Corporation of Tokyo, Japan; Sendai Nikon 
Corporation of Natori, Japan; Nikon Inc. of Melville, New York; Nikon 
(Thailand) Co., Ltd. of Ayutthaya, Thailand; Nikon Imaging (China) Co., 
Ltd. of Wuxi, China (collectively, ``Respondents''); and PT Nikon 
Indonesia of Jakarta, Indonesia. Id. at 25627. The Office of Unfair 
Import Investigations is not participating in this investigation. Id.
    The Commission previously terminated the investigation as to PT 
Nikon Indonesia. Order No. 36 (Dec. 27, 2017) (unreviewed Notice (Jan. 
19, 2018)). The Commission also subsequently terminated from the 
investigation all claims of the '163 and '335 patents and certain 
claims of the '440, '241, '128, '916, and '454 patents. Order No. 23 
(Oct. 3, 2017) (unreviewed Notice (Oct. 17, 2017)); Order No. 32 (Nov. 
22, 2017) (unreviewed Notice (Dec. 19, 2017)); Order No. 45 (Feb. 5, 
2018) (unreviewed Notice (Mar. 6, 2018)); Order No. 65 (Mar. 27, 2018) 
(unreviewed Notice (Apr. 25, 2018)); Order No. 67 (Apr. 13, 2018) 
(unreviewed Notice (May 4, 2018)).
    On August 17, 2018, the final ID issued finding a violation of 
section 337. The final ID also contains the ALJ's recommended 
determination on remedy and bonding. On November 15, 2018, the 
Commission determined to review the final ID in part. 83 FR 58592-94 
(Nov. 20, 2018).
    On February 22, 2019, Complainants and Respondents filed a joint 
motion to terminate the present investigation pursuant to section 
210.21(b) of the Commission Rules of Practice and Procedure (19 CFR. 
210.21(b)), based on a settlement agreement that resolves all pending 
legal disputes between the parties. The motion included a confidential 
and public version of the settlement agreement. No party filed a 
response to the motion.
    The Commission has determined to grant the joint motion to 
terminate the investigation. Section 337(c) provides, in relevant part, 
that the Commission may terminate an investigation ``on the basis of an 
agreement between the private parties to the investigation.'' When the 
investigation is before the Commission, as is the case here, the 
Commission has acted on motions to terminate on the basis of 
settlement. See, e.g., Certain Wireless Consumer Electronics Devices 
and Components Thereof, Inv. No. 337-TA-853, Notice of Commission 
Determination to Grant the Consent Motion to Terminate the 
Investigation-In-Part as to Respondents Kyocera Corporation And Kyocera 
Communications, Inc. on the Basis of a Settlement Agreement (Sept. 20, 
2013). Commission Rule 210.21(b), which implements section 337(c), 
requires that a motion for termination based upon a settlement contain 
a copy of that settlement agreement, as well as a statement that there 
are no other agreements, written or oral, express or implied, between 
the parties concerning the subject matter of the investigation. The 
joint motion complies with these requirements.
    The Commission also considers the public interest when terminating 
an investigation based upon a settlement agreement. 19 CFR. 
210.50(b)(2). We find no evidence that termination of the investigation 
will prejudice the public interest or that settlement will adversely 
impact the public health and welfare, competitive conditions in the 
United States economy, the production of like or directly competitive 
articles in the United States, or United States consumers. Moreover, 
the public interest favors settlement to avoid needless litigation and 
to conserve public and private resources.
    Accordingly, the Commission hereby grants the joint motion to 
terminate this investigation on the basis of a settlement agreement.
    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 8, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-04722 Filed 3-13-19; 8:45 am]
 BILLING CODE 7020-02-P