Certain Subsea Telecommunication Systems and Components Thereof; Notice of a Commission Determination To Review In Part a Final Initial Determination Finding No Violation of Section 337 and To Extend the Target Date; Schedule for Filing Written Submissions, 36935-36937 [2019-16151]
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Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Notices
Laurens County
First African Baptist Church, 405 Telfair St.,
Dublin, SG100004299
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NRNHL–DTS#–28444;
PPWOCRADI0, PCU00RP14.R50000]
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The National Park Service is
soliciting comments on the significance
of properties nominated before July 13,
2019, for listing or related actions in the
National Register of Historic Places.
DATES: Comments should be submitted
by August 14, 2019.
ADDRESSES: Comments may be sent via
U.S. Postal Service and all other carriers
to the National Register of Historic
Places, National Park Service, 1849 C St.
NW, MS 7228, Washington, DC 20240.
SUPPLEMENTARY INFORMATION: The
properties listed in this notice are being
considered for listing or related actions
in the National Register of Historic
Places. Nominations for their
consideration were received by the
National Park Service before July 13,
2019. Pursuant to Section 60.13 of 36
CFR part 60, written comments are
being accepted concerning the
significance of the nominated properties
under the National Register criteria for
evaluation.
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.
Nominations submitted by State
Historic Preservation Officers:
SUMMARY:
ARIZONA
Pima County
Harrenstein, Dr. Howard Paul, House, 6450
North Calle De Estevan, Tucson,
SG100004292
jspears on DSK3GMQ082PROD with NOTICES
DISTRICT OF COLUMBIA
District of Columbia
American Theater, 104–108 Rhode Island
Ave. NW, Washington, SG100004296
Brookland Bowling Alleys, 3726 10th St. NE,
Washington, SG100004306
Polk County
St. James’ Episcopal Church, 302 and 308
West Ave., Cedartown, SG100004293
HAWAII
Hawaii County
Fujino, Matsujiro, Property, 45–3390
Mamane St., Honoka’a, SG100004285
Honoka’a Garage, 43–3586 Mamane St.,
Honoka’a, SG100004286
Honolulu County
Dearborn Chemical Company Warehouse,
941 Waimanu St., Honolulu, SG100004287
Kaiser, Henry J. and Alyce, Estate, 525
Portlock Rd., Honolulu, SG100004289
Ala Wai Villas, 2455 Ala Wai Blvd.,
Honolulu, SG100004290
Kauai County
Sueoka Market, 5392 Koloa Rd., Koloa,
SG100004288
MONTANA
Stillwater County
Stillwater County Courthouse, 400 East 3rd
Ave. North, Columbus, SG100004277
Marion County
Oregon State Hospital Historic District,
Roughly bounded by D St., Park Ave., 24th
St. & Bates Dr., Salem, BC100004300
Bath County
Warm Springs Bathhouses, NE of Warm
Springs off Rt. 220, Warm Springs vicinity,
BC100004302
Nelson County
Norwood-Wingina Rural Historic District,
Arrowhead Ln., Capel Ln., Findlay Gap
Rd., James River Rd., Norwood Rd., Pine
Hill Ln., Round Top Ln., Taylors Store
Loop, Union Hill Rd., Variety Mills Rd.,
Wingina, SG100004305
WASHINGTON
King County
Beacon Hill School, 2524 16th Ave. S,
Seattle, SG100004297
WEST VIRGINIA
Fayette County
Oak Hill High School, 140 School St., Oak
Hill, SG100004283
Roane County
Laurel Hill District School, U.S. Route 33
West and County Route 5/9, Spencer,
SG100004284
A request for removal has been made
for the following resources:
ARIZONA
Yuma County
Southern Pacific Railroad Depot, Gila St.,
Yuma, OT76000384
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Kalamazoo County
Fountain of the Pioneers, (Kalamazoo MRA),
Bronson Park, bounded by Academy, Rose,
South & Park Sts., Kalamazoo, OT16000417
Additional documentation has been
received for the following resources:
VIRGINIA
Richmond Independent City
Monument Avenue Historic District,
Bounded by Grace and Birch Sts., Park
Ave., and Roseneath Rd., Richmond
(Independent City), AD70000883
WEST VIRGINIA
Fayette County
Soldiers and Sailors Memorial Building, 100
N. Court St., Fayetteville, AD16000312
Authority: Section 60.13 of 36 CFR part
60.
Dated: July 15, 2019.
Julie H. Ernstein,
Acting Chief, National Register of Historic
Places/National Historic Landmarks
Programs.
[FR Doc. 2019–16091 Filed 7–29–19; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1098]
VIRGINIA
Hall County
Friendship Baptist Church Cemetery, 3759
Friendship Rd., Buford, SG100004298
16:42 Jul 29, 2019
MICHIGAN
OREGON
GEORGIA
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Certain Subsea Telecommunication
Systems and Components Thereof;
Notice of a Commission Determination
To Review In Part a Final Initial
Determination Finding No Violation of
Section 337 and To Extend the Target
Date; Schedule for Filing Written
Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part the Administrative Law Judge’s
(‘‘ALJ’’) final initial determination
(‘‘ID’’), issued on April 26, 2019, finding
no violation of section 337 in the abovereferenced investigation and to extend
the target date for completion of the
above-referenced investigation to
September 30, 2019. The Commission
requests briefing from the parties on
certain issues under review, as
indicated in this notice.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. Copies of non-confidential
SUMMARY:
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36936
Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Notices
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 January 26, 2018, based on a
complaint, as supplemented, filed on
behalf of Neptune Subsea Acquisitions
Ltd. of the United Kingdom; Neptune
Subsea IP Ltd. of the United Kingdom;
and Xtera, Inc. of Allen, Texas
(collectively, ‘‘Xtera’’). 83 FR 3770 (Jan.
26, 2018). The complaint, as
supplemented, alleges violations of
Section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘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 subsea telecommunication
systems and components thereof by
reason of infringement of one or more
claims of U.S. Patent Nos. 8,380,068;
7,860,403 (‘‘the ’403 patent’’); 8,971,171;
8,351,798 (‘‘the ’798 patent’’); and
8,406,637. The complaint further alleges
that an industry in the United States
exists as required by section 337. The
notice of investigation, as originally
issued, named as respondents Nokia
Corporation of Espoo, Finland; Nokia
Solutions and Networks B.V. of
Hoofddorp, The Netherlands; Nokia
Solutions and Networks Oy of Espoo,
Finland; Alcatel-Lucent Submarine
Networks SAS of Boulogne-Billancourt,
France; Nokia Solutions and Networks
US LLC of Phoenix, Arizona; NEC
Corporation of Tokyo, Japan; NEC
Networks & System Integration
Corporation of Tokyo, Japan; and NEC
Corporation of America of Irving, Texas.
The Office of Unfair Import
Investigations was named as a party in
this investigation.
The corporate name of Neptune
Subsea Acquisitions Ltd. was changed
to Xtera Topco Ltd. ID at 3. Respondents
Nokia Solutions and Networks B.V.;
Nokia Solutions and Networks Oy; and
Nokia Solutions and Networks US LLC
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16:42 Jul 29, 2019
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were terminated from the investigation
based on withdrawal of the complaint.
Id. The corporate name of AlcatelLucent Submarine Networks SAS was
corrected to Alcatel Submarine
Networks. Id. Respondent Nokia of
America Corporation of New
Providence, New Jersey was later added
to the investigation. Id.
Of the patents that formed the basis
for institution of this investigation, only
the ’798 patent and the ’403 patent
remain in dispute. ID at 3–4, 6.
On April 26, 2019, the ALJ issued his
final ID and his recommended
determination. The ID found no
violation of section 337 with respect to
asserted claims 13, 15, and 19 of the
’798 patent and claims 8, 9, and 12 of
the ’403 patent by Respondents Nokia
Corporation; Alcatel Submarine
Networks; and Nokia of America
Corporation (collectively ‘‘Nokia’’); and
NEC Corporation; NEC Networks &
System Integration Corporation; and
NEC Corporation of America
(collectively ‘‘NEC’’). Specifically, with
respect to the ’798 patent, the ID found
that Xtera produced no evidence at the
evidentiary hearing to show a violation
of section 337 based on infringement of
claims 13, 15, and 19. Accordingly, the
ID found that Xtera has not established
a violation of section 337 based on
infringement of the ’798 patent. With
respect to the ’403 patent, the ID found
that Respondents do not infringe and
Xtera’s domestic industry products do
not practice claims 8, 9, and 12 of the
’403 patent. The ID also found that
claims 8, 9, and 12 of the ’403 patent are
invalid as anticipated by U.S. Patent No.
6,430,336. The ID further found that
complainants had not established that
complainants’ investments and
activities satisfied the domestic industry
requirement with respect to articles
protected by the ’403 patent.
On May 13, 2019, Xtera filed a
petition for review of the final ID. On
the same day, Respondents filed a
contingent petition for review of the
final ID. Thereafter, the parties filed
responses to the petitions for review and
public interest comments pursuant to
Commission Rule 210.50(a)(4).
Having examined the record of this
investigation, including the ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the ID’s findings with respect
to the ’403 patent in their entirety,
including domestic industry. The
Commission does not review the
remainder of the ID.
The Commission has determined to
extend the target date in this
investigation to September 30, 2019.
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Xtera originally asserted infringement
of claims 8, 9, 12, and 13 of the ’403
patent. See ID at 6. Xtera, however,
presented no evidence or argument
regarding claim 13 at the hearing or in
post-hearing briefing. The ID makes no
findings with respect to claim 13 and
Xtera’s petition for review does not
address that claim. Further, Xtera’s
petition for review does not address the
’798 patent. The Commission hereby
determines that Xtera has thus
effectively withdrawn its allegations
with respect to claim 13 of the ’403
patent and the ’798 patent.
The parties are requested to brief their
positions on only the following issues
under review with reference to the
applicable law and the evidentiary
record.
1. The ID adopts the parties’ agreedupon function for Element 8A to be
‘‘producing a periodic series of optical
pulses defining a series of time slots,
wherein one pulse appears in each time
slot.’’ Does the ID’s interpretation of the
claimed function for Element 8A require
the production of a periodic series of
‘‘narrow’’ optical pulses? Did the parties
provide argument before the ALJ as to
whether or not the claimed function
requires the production of a periodic
series of ‘‘narrow’’ optical pulses?
2. In view of your response to the first
question, please discuss whether the
specification or prosecution history
clearly links or associates the
combination of the light source and the
first modulator in the prior art
transmitter shown in Figure 1 of the
’403 patent to the claimed function for
Element 8A.
3. If your positions on the above
issues are adopted by the Commission,
please explain the effect, if any, on the
ID’s infringement, invalidity, and
technical prong findings. The parties are
not to brief other issues on review,
which are adequately presented in the
parties’ existing filings. At this time, the
Commission does not request written
submissions on remedy, public interest,
or bonding.
Written Submissions: Each party’s
written submission responding to the
above questions and any response to the
initial submissions should be no more
than 50 pages. The written submissions
must be filed no later than close of
business on Wednesday, August 7,
2019. Reply submissions of no more
than 35 pages must be filed no later than
the close of business on Wednesday,
August 14, 2019. No further
submissions will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
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Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Notices
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to
Commission Rule 210.4(f), 19 CFR
210.4(f). Submissions should refer to the
investigation number (‘‘Inv. No. 1098’’)
in a prominent place on the cover page
and/or the first page. (See Handbook for
Electronic Filing Procedures, https://
www.usitc.gov/secretary/documents/
handbook_on_filing_procedures.pdf).
Persons with questions regarding filing
should contact the Secretary, (202) 205–
2000.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) by the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.
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: July 24, 2019.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2019–16151 Filed 7–29–19; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Bulk Manufacturer of Controlled
Substances Application: Chemtos,
LLC
ACTION:
Notice of application.
Registered bulk manufacturers of
the affected basic classes, and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration on
or before September 30, 2019.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DRW, 8701
Morrissette Drive, Springfield, Virginia
22152.
DATES:
In
accordance with 21 CFR 1301.33(a), this
is notice that on May 15, 2019, Chemtos,
LLC, 16713 Picadilly Court, Round
Rock, Texas 78664–8544 applied to be
registered as a bulk manufacturer of the
following basic classes of controlled
substances:
SUPPLEMENTARY INFORMATION:
jspears on DSK3GMQ082PROD with NOTICES
Controlled substance
Drug code
3-Fluoro-N-methylcathinone (3–FMC) .......................................................................................................................
Cathinone ..................................................................................................................................................................
Methcathinone ...........................................................................................................................................................
4-Fluoro-N-methylcathinone (4–FMC) .......................................................................................................................
Pentedrone (a-methylaminovalerophenone) .............................................................................................................
Mephedrone (4-Methyl-N-methylcathinone) ..............................................................................................................
4-Methyl-N-ethylcathinone (4–MEC) .........................................................................................................................
Naphyrone .................................................................................................................................................................
N-Ethylamphetamine .................................................................................................................................................
N,N-Dimethylamphetamine .......................................................................................................................................
Fenethylline ...............................................................................................................................................................
Aminorex ...................................................................................................................................................................
4-Methylaminorex (cis isomer) ..................................................................................................................................
Gamma Hydroxybutyric Acid .....................................................................................................................................
Methaqualone ............................................................................................................................................................
Mecloqualone ............................................................................................................................................................
JWH–250 (1-Pentyl-3-(2-methoxyphenylacetyl) indole) ............................................................................................
SR–18 (Also known as RCS–8) (1-Cyclohexylethyl-3-(2-methoxyphenylacetyl) indole) .........................................
ADB–FUBINACA (N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide) ......
5-Fluoro-UR–144 and XLR11 [1-(5-Fluoro-pentyl)1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone ..........
AB–FUBINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide) ...............
JWH–019 (1-Hexyl-3-(1-naphthoyl)indole) ................................................................................................................
MDMB–FUBINACA (Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate) ................
AB–PINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide) ...................................
THJ–2201 [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone .............................................................
AB–CHMINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide ..........
MAB–CHMINACA (N-(1-amino-3,3dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide) ..
5F–AMB (Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate) ........................................
5F–ADB; 5F–MDMB–PINACA (Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate)
ADB–PINACA (N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide) ...........................
MDMB–CHMICA,
MMB–CHMINACA
(Methyl
2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3dimethylbutanoate).
APINACA and AKB48 N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide ........................................................
5F–APINACA, 5F–AKB48 (N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide) ............................
JWH–081 (1-Pentyl-3-(1-(4-methoxynaphthoyl) indole) ............................................................................................
SR–19 (Also known as RCS–4) (1-Pentyl-3-[(4-methoxy)-benzoyl] indole ..............................................................
JWH–018 (also known as AM678) (1-Pentyl-3-(1-naphthoyl)indole) .......................................................................
JWH–122 (1-Pentyl-3-(4-methyl-1-naphthoyl) indole) ...............................................................................................
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Schedule
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1238
1246
1248
1249
1258
1475
1480
1503
1585
1590
2010
2565
2572
6250
7008
7010
7011
7012
7019
7020
7023
7024
7031
7032
7033
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Agencies
[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Pages 36935-36937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16151]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1098]
Certain Subsea Telecommunication Systems and Components Thereof;
Notice of a Commission Determination To Review In Part a Final Initial
Determination Finding No Violation of Section 337 and To Extend the
Target Date; Schedule for Filing Written Submissions
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part the Administrative Law
Judge's (``ALJ'') final initial determination (``ID''), issued on April
26, 2019, finding no violation of section 337 in the above-referenced
investigation and to extend the target date for completion of the
above-referenced investigation to September 30, 2019. The Commission
requests briefing from the parties on certain issues under review, as
indicated in this notice.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential
[[Page 36936]]
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 January 26, 2018, based on a complaint, as supplemented, filed on
behalf of Neptune Subsea Acquisitions Ltd. of the United Kingdom;
Neptune Subsea IP Ltd. of the United Kingdom; and Xtera, Inc. of Allen,
Texas (collectively, ``Xtera''). 83 FR 3770 (Jan. 26, 2018). The
complaint, as supplemented, alleges violations of Section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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
subsea telecommunication systems and components thereof by reason of
infringement of one or more claims of U.S. Patent Nos. 8,380,068;
7,860,403 (``the '403 patent''); 8,971,171; 8,351,798 (``the '798
patent''); and 8,406,637. The complaint further alleges that an
industry in the United States exists as required by section 337. The
notice of investigation, as originally issued, named as respondents
Nokia Corporation of Espoo, Finland; Nokia Solutions and Networks B.V.
of Hoofddorp, The Netherlands; Nokia Solutions and Networks Oy of
Espoo, Finland; Alcatel-Lucent Submarine Networks SAS of Boulogne-
Billancourt, France; Nokia Solutions and Networks US LLC of Phoenix,
Arizona; NEC Corporation of Tokyo, Japan; NEC Networks & System
Integration Corporation of Tokyo, Japan; and NEC Corporation of America
of Irving, Texas. The Office of Unfair Import Investigations was named
as a party in this investigation.
The corporate name of Neptune Subsea Acquisitions Ltd. was changed
to Xtera Topco Ltd. ID at 3. Respondents Nokia Solutions and Networks
B.V.; Nokia Solutions and Networks Oy; and Nokia Solutions and Networks
US LLC were terminated from the investigation based on withdrawal of
the complaint. Id. The corporate name of Alcatel-Lucent Submarine
Networks SAS was corrected to Alcatel Submarine Networks. Id.
Respondent Nokia of America Corporation of New Providence, New Jersey
was later added to the investigation. Id.
Of the patents that formed the basis for institution of this
investigation, only the '798 patent and the '403 patent remain in
dispute. ID at 3-4, 6.
On April 26, 2019, the ALJ issued his final ID and his recommended
determination. The ID found no violation of section 337 with respect to
asserted claims 13, 15, and 19 of the '798 patent and claims 8, 9, and
12 of the '403 patent by Respondents Nokia Corporation; Alcatel
Submarine Networks; and Nokia of America Corporation (collectively
``Nokia''); and NEC Corporation; NEC Networks & System Integration
Corporation; and NEC Corporation of America (collectively ``NEC'').
Specifically, with respect to the '798 patent, the ID found that Xtera
produced no evidence at the evidentiary hearing to show a violation of
section 337 based on infringement of claims 13, 15, and 19.
Accordingly, the ID found that Xtera has not established a violation of
section 337 based on infringement of the '798 patent. With respect to
the '403 patent, the ID found that Respondents do not infringe and
Xtera's domestic industry products do not practice claims 8, 9, and 12
of the '403 patent. The ID also found that claims 8, 9, and 12 of the
'403 patent are invalid as anticipated by U.S. Patent No. 6,430,336.
The ID further found that complainants had not established that
complainants' investments and activities satisfied the domestic
industry requirement with respect to articles protected by the '403
patent.
On May 13, 2019, Xtera filed a petition for review of the final ID.
On the same day, Respondents filed a contingent petition for review of
the final ID. Thereafter, the parties filed responses to the petitions
for review and public interest comments pursuant to Commission Rule
210.50(a)(4).
Having examined the record of this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review the ID's findings with respect to the '403 patent
in their entirety, including domestic industry. The Commission does not
review the remainder of the ID.
The Commission has determined to extend the target date in this
investigation to September 30, 2019.
Xtera originally asserted infringement of claims 8, 9, 12, and 13
of the '403 patent. See ID at 6. Xtera, however, presented no evidence
or argument regarding claim 13 at the hearing or in post-hearing
briefing. The ID makes no findings with respect to claim 13 and Xtera's
petition for review does not address that claim. Further, Xtera's
petition for review does not address the '798 patent. The Commission
hereby determines that Xtera has thus effectively withdrawn its
allegations with respect to claim 13 of the '403 patent and the '798
patent.
The parties are requested to brief their positions on only the
following issues under review with reference to the applicable law and
the evidentiary record.
1. The ID adopts the parties' agreed-upon function for Element 8A
to be ``producing a periodic series of optical pulses defining a series
of time slots, wherein one pulse appears in each time slot.'' Does the
ID's interpretation of the claimed function for Element 8A require the
production of a periodic series of ``narrow'' optical pulses? Did the
parties provide argument before the ALJ as to whether or not the
claimed function requires the production of a periodic series of
``narrow'' optical pulses?
2. In view of your response to the first question, please discuss
whether the specification or prosecution history clearly links or
associates the combination of the light source and the first modulator
in the prior art transmitter shown in Figure 1 of the '403 patent to
the claimed function for Element 8A.
3. If your positions on the above issues are adopted by the
Commission, please explain the effect, if any, on the ID's
infringement, invalidity, and technical prong findings. The parties are
not to brief other issues on review, which are adequately presented in
the parties' existing filings. At this time, the Commission does not
request written submissions on remedy, public interest, or bonding.
Written Submissions: Each party's written submission responding to
the above questions and any response to the initial submissions should
be no more than 50 pages. The written submissions must be filed no
later than close of business on Wednesday, August 7, 2019. Reply
submissions of no more than 35 pages must be filed no later than the
close of business on Wednesday, August 14, 2019. No further submissions
will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines
[[Page 36937]]
stated above and submit 8 true paper copies to the Office of the
Secretary by noon the next day pursuant to Commission Rule 210.4(f), 19
CFR 210.4(f). Submissions should refer to the investigation number
(``Inv. No. 1098'') in a prominent place on the cover page and/or the
first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf).
Persons with questions regarding filing should contact the Secretary,
(202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) by the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. All nonconfidential written submissions will be available
for public inspection at the Office of the Secretary and on EDIS.
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: July 24, 2019.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2019-16151 Filed 7-29-19; 8:45 am]
BILLING CODE 7020-02-P