Certain Subsea Telecommunication Systems and Components Thereof; Commission Determination Finding No Violation of Section 337; Termination of the Investigation, 54172-54173 [2019-22033]

Download as PDF 54172 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices The meeting of the Council is being held under the provisions of the Federal Advisory Committee Act of 1972. The Council was established by the Colorado River Basin Salinity Control Act of 1974 (Pub. L. 93–320) (Act) to receive reports and advise Federal agencies on implementing the Act. Purpose of the Meeting: The purpose of the meeting is to discuss the accomplishments of Federal agencies and make recommendations on future activities to control salinity. Agenda: Council members will be briefed on the status of salinity control activities and receive input for drafting the Council’s annual report. The Bureau of Reclamation, Bureau of Land Management, U.S. Fish and Wildlife Service, and United States Geological Survey of the Department of the Interior; the Natural Resources Conservation Service of the Department of Agriculture; and the Environmental Protection Agency will each present a progress report and a schedule of activities on salinity control in the Colorado River Basin. The Council will discuss salinity control activities, the contents of the reports, and the Basin States Program created by Public Law 110–246, which amended the Act. Meeting Accessibility/Special Accommodations: The meeting is open to the public and seating is on a firstcome basis. Individuals requiring special accommodations to access the public meeting should contact Mr. Kib Jacobson by email at kjacobson@ usbr.gov, or by telephone at (801) 524– 3753, at least five (5) business days prior to the meeting so that appropriate arrangements can be made. Public Disclosure of Comments: There will be a public comment period on the second day of the meeting during which the Council chairman will allow public presentations of oral comments. In addition, any member of the public may file written statements with the Council before, during, or up to 30 days after the meeting either in person or by mail. To allow full consideration of information by Council members, written notice must be provided to Mr. Kib Jacobson, Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 8100, Salt Lake City, Utah 84138– 1147; email at kjacobson@usbr.gov; facsimile (801) 524–3847; at least five (5) business days prior to the meeting. Any written comments received prior to the meeting will be provided to Council members at the meeting. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that khammond on DSKJM1Z7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:13 Oct 08, 2019 Jkt 250001 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. 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 Frm 00071 Fmt 4703 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, E:\FR\FM\09OCN1.SGM 09OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:13 Oct 08, 2019 Jkt 250001 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 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 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: E:\FR\FM\09OCN1.SGM 09OCN1

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.

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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