Certain Subsea Telecommunication Systems and Components Thereof; Commission Determination Finding No Violation of Section 337; Termination of the Investigation, 54172-54173 [2019-22033]
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Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices
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SUPPLEMENTARY INFORMATION:
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your entire comment—including your
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While you can ask us in your comment
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cannot guarantee that we will be able to
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Brent C. Esplin,
Regional Director, Upper Colorado Region.
[FR Doc. 2019–22035 Filed 10–8–19; 8:45 am]
BILLING CODE 4332–90–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1098]
Certain Subsea Telecommunication
Systems and Components Thereof;
Commission Determination Finding No
Violation of Section 337; Termination
of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to find no
violation of section 337 of the Tariff Act
of 1930, as amended, in the abovereferenced investigation. The
investigation is terminated in its
entirety.
SUMMARY:
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
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
PO 00000
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Sfmt 4703
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, 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 (‘‘the ’068
patent’’); 7,860,403 (‘‘the ’403 patent’’);
8,971,171 (‘‘the ’171 patent’’); 8,351,798
(‘‘the ’798 patent’’); and 8,406,637 (‘‘the
’637 patent’’). 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 also named as a party
in this investigation.
On March 19, 2018, the ALJ issued
Order No. 9 to (1) correct the corporate
name of Alcatel-Lucent Submarine
Networks SAS to Alcatel Submarine
Networks; and (2) partially terminate
the investigation based on withdrawal
of the complaint with respect to
Respondents Nokia Solutions and
Networks B.V.; Nokia Solutions and
Networks Oy; and Nokia Solutions and
Networks US LLC. 83 FR 17677–678
(Apr. 23, 2018). On July 10, 2018, the
ALJ issued Order No. 21 to change the
corporate name of Neptune Subsea
Acquisitions Ltd. to Xtera Topco Ltd. 83
FR 37516–517 (Aug. 1, 2018). On
August 27, 2018, the ALJ issued Order
No. 30 to amend the complaint and
notice of investigation to add Nokia of
America Corporation of New
Providence, New Jersey as a respondent
in the investigation. 83 FR 47938 (Sep.
21, 2018).
On November 19, 2018, the ALJ
issued Order No. 46 granting in part
Respondents’ motion for summary
determination of no violation with
respect to the ’068 patent based on
Xtera’s failure to establish the domestic
industry requirement with respect to
that patent. See Order No. 46 (Nov. 19,
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Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices
2018), aff’d with modification, Comm’n
Op. (Feb. 14, 2019). The ALJ also
granted Xtera’s motions to withdraw
from the investigation all asserted
claims of the ’171 and ’637 patents and
certain asserted claims of the other
asserted patents. See Order No. 22 (Aug.
8, 2018) (unreviewed); Order No. 47
(Nov. 20, 2018) (unreviewed); Order No.
52 (Dec. 6, 2018) (unreviewed).
An evidentiary hearing was held in
this investigation from December 10–14,
2018.
On April 26, 2019, the ALJ issued his
final initial determination (‘‘ID’’) finding
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 (‘‘Frankel’’). The ID further
found that Xtera had not established
that its investments and activities
satisfied the domestic industry
requirement with respect to the 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).
On July 24, 2019, the Commission
determined to review in part the final ID
and to extend the target date in this
investigation to September 30, 2019. 84
FR 36935–937 (Jul. 30, 2019).
Specifically, the Commission
determined to review the ID’s findings
with respect to the ’403 patent in their
entirety, including domestic industry.
Id. at 36936. The Commission also
determined that Xtera had effectively
withdrawn its allegations with respect
to claim 13 of the ’403 patent and the
’798 patent. Id. The Commission asked
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the parties to brief certain issues under
review. Id. The parties filed their
respective initial submissions on August
7, 2019, and their respective reply
submissions on August 14, 2019.
Of the patent claims that formed the
basis for institution of this investigation,
only claims 8, 9 and 12 of the ’403
patent remain in dispute.
Having reviewed the parties’
submissions and the record evidence,
the Commission has determined to
affirm with modifications the ID’s
finding of no violation of section 337
with respect to the ’403 patent.
Specifically, the Commission has
determined to modify the ID’s
construction of the ‘‘means for
producing’’ limitation in claim 8 of the
’403 patent. In particular, the
Commission adopts the ID’s claimed
function for the ‘‘means for producing’’
limitation and clarifies that the claimed
function does not require the
production of ‘‘narrow’’ optical pulses,
i.e., pulses of a particular bit rate. The
Commission finds the specification
clearly links or associates pulsed laser
light sources (e.g., active mode locked
laser 20 in Figure 2), CW lasers
modulated to create a periodic series of
optical pulses (e.g., CW laser 10 and
first modulator 11 in Figure 1), and
equivalents thereof to the claimed
function. Applying that construction,
the Commission affirms with
modifications the ID’s findings that (i)
the accused products do not infringe
claims 8, 9 and 12; (ii) the asserted
claims are invalid as anticipated by
Frankel; and (ii) Xtera has not
established the existence of a domestic
industry with respect to the ’403 patent.
The Commission’s reasoning in support
of its determinations is set forth in its
concurrently issued opinion.
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: October 3, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–22033 Filed 10–8–19; 8:45 am]
BILLING CODE 7020–02–P
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54173
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1179]
Certain Pouch-Type Battery Cells,
Battery Modules, and Battery Packs,
Components Thereof, and Products
Containing the Same; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
September 3, 2019, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of SK Innovation Co., Ltd. of the
Republic of Korea and SK Battery
America, Inc. of Atlanta, Georgia. 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 pouch-type
battery cells, battery modules, and
battery packs, components thereof, and
products containing the same by reason
of infringement of certain U.S. Patent
No. 10,121,994 (‘‘the ’994 patent’’). The
complaint further alleges that an
industry in the United States is in the
process of being established as required
by the applicable Federal Statute.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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, Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. 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. 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.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54172-54173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22033]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1098]
Certain Subsea Telecommunication Systems and Components Thereof;
Commission Determination Finding No Violation of Section 337;
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 find no violation of section 337 of the
Tariff Act of 1930, as amended, in the above-referenced investigation.
The investigation is terminated in its entirety.
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 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, 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
(``the '068 patent''); 7,860,403 (``the '403 patent''); 8,971,171
(``the '171 patent''); 8,351,798 (``the '798 patent''); and 8,406,637
(``the '637 patent''). 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 also named as a
party in this investigation.
On March 19, 2018, the ALJ issued Order No. 9 to (1) correct the
corporate name of Alcatel-Lucent Submarine Networks SAS to Alcatel
Submarine Networks; and (2) partially terminate the investigation based
on withdrawal of the complaint with respect to Respondents Nokia
Solutions and Networks B.V.; Nokia Solutions and Networks Oy; and Nokia
Solutions and Networks US LLC. 83 FR 17677-678 (Apr. 23, 2018). On July
10, 2018, the ALJ issued Order No. 21 to change the corporate name of
Neptune Subsea Acquisitions Ltd. to Xtera Topco Ltd. 83 FR 37516-517
(Aug. 1, 2018). On August 27, 2018, the ALJ issued Order No. 30 to
amend the complaint and notice of investigation to add Nokia of America
Corporation of New Providence, New Jersey as a respondent in the
investigation. 83 FR 47938 (Sep. 21, 2018).
On November 19, 2018, the ALJ issued Order No. 46 granting in part
Respondents' motion for summary determination of no violation with
respect to the '068 patent based on Xtera's failure to establish the
domestic industry requirement with respect to that patent. See Order
No. 46 (Nov. 19,
[[Page 54173]]
2018), aff'd with modification, Comm'n Op. (Feb. 14, 2019). The ALJ
also granted Xtera's motions to withdraw from the investigation all
asserted claims of the '171 and '637 patents and certain asserted
claims of the other asserted patents. See Order No. 22 (Aug. 8, 2018)
(unreviewed); Order No. 47 (Nov. 20, 2018) (unreviewed); Order No. 52
(Dec. 6, 2018) (unreviewed).
An evidentiary hearing was held in this investigation from December
10-14, 2018.
On April 26, 2019, the ALJ issued his final initial determination
(``ID'') finding 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 (``Frankel'').
The ID further found that Xtera had not established that its
investments and activities satisfied the domestic industry requirement
with respect to the 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).
On July 24, 2019, the Commission determined to review in part the
final ID and to extend the target date in this investigation to
September 30, 2019. 84 FR 36935-937 (Jul. 30, 2019). Specifically, the
Commission determined to review the ID's findings with respect to the
'403 patent in their entirety, including domestic industry. Id. at
36936. The Commission also determined that Xtera had effectively
withdrawn its allegations with respect to claim 13 of the '403 patent
and the '798 patent. Id. The Commission asked the parties to brief
certain issues under review. Id. The parties filed their respective
initial submissions on August 7, 2019, and their respective reply
submissions on August 14, 2019.
Of the patent claims that formed the basis for institution of this
investigation, only claims 8, 9 and 12 of the '403 patent remain in
dispute.
Having reviewed the parties' submissions and the record evidence,
the Commission has determined to affirm with modifications the ID's
finding of no violation of section 337 with respect to the '403 patent.
Specifically, the Commission has determined to modify the ID's
construction of the ``means for producing'' limitation in claim 8 of
the '403 patent. In particular, the Commission adopts the ID's claimed
function for the ``means for producing'' limitation and clarifies that
the claimed function does not require the production of ``narrow''
optical pulses, i.e., pulses of a particular bit rate. The Commission
finds the specification clearly links or associates pulsed laser light
sources (e.g., active mode locked laser 20 in Figure 2), CW lasers
modulated to create a periodic series of optical pulses (e.g., CW laser
10 and first modulator 11 in Figure 1), and equivalents thereof to the
claimed function. Applying that construction, the Commission affirms
with modifications the ID's findings that (i) the accused products do
not infringe claims 8, 9 and 12; (ii) the asserted claims are invalid
as anticipated by Frankel; and (ii) Xtera has not established the
existence of a domestic industry with respect to the '403 patent. The
Commission's reasoning in support of its determinations is set forth in
its concurrently issued opinion.
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: October 3, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-22033 Filed 10-8-19; 8:45 am]
BILLING CODE 7020-02-P
