Certain Pouch-Type Battery Cells, Battery Modules, and Battery Packs, Components Thereof, and Products Containing the Same; Institution of Investigation, 54173-54174 [2019-22057]
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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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17:13 Oct 08, 2019
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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]
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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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khammond on DSKJM1Z7X2PROD with NOTICES
54174
Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
October 3, 2019, Ordered That—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims
1–36 of the ’994 patent; and whether an
industry in the United States is in the
process of being established as required
by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘batteries that provide
the electrical power for electric vehicles,
i.e., EV battery cells, battery modules,
and battery packs, components thereof,
and products containing the same’’;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainants are:
SK Innovation Co., Ltd., 26 Jong-Ro,
Jongno-Gu Seoul 03188, Republic of
Korea.
SK Battery America, Inc., 201 17th
Street NW, Suite 1700, Atlanta, GA
30363.
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and is/are the parties upon
which the complaint is to be served:
LG Chem, Ltd., 128 Yeoui-daero,
Yeongdeungpo-gu Seoul 07336,
Republic of Korea.
LG Chem Michigan, Inc., 1 LG Way,
Holland, MI 49423.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that the establishment of an industry in
the United States is materially retarded
by reason of imports of refillable
stainless steel kegs from Mexico,
provided for in subheadings 7310.10
and 7310.29 of the Harmonized Tariff
Schedule of the United States, that have
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17:13 Oct 08, 2019
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By order of the Commission.
Issued: October 4, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–22057 Filed 10–8–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1427 (Final)]
Refillable Stainless Steel Kegs from
Mexico
Determination
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Background
The Commission, pursuant to section
735(b) of the Act (19 U.S.C. 1673d(b)),
instituted this investigation effective
September 20, 2018, following receipt of
a petition filed with the Commission
and Commerce by American Keg
Company, LLC, Pottstown,
Pennsylvania. The Commission
scheduled the final phase of the
investigation following notification of
preliminary determinations by
Commerce that imports of refillable
stainless steel kegs were being
subsidized by the government of China 5
within the meaning of section 703(b) of
the Act and that imports of refillable
stainless steel kegs from China,6
Germany,7 and Mexico 8 were being sold
at LTFV within the meaning of section
733(b) of the Act. Notice of the
scheduling of the final phase of the
Commission’s investigation and of a
public hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register of June 17, 2019 (84 FR 28070).
The hearing was held in Washington,
DC, on August 14, 2019, and all persons
who requested the opportunity were
permitted to appear in person or by
counsel.
The Commission made this
determination pursuant to section
735(b) of the Act (19 U.S.C. 1673d(b)).
It completed and filed its determination
in this investigation on October 3, 2019.
The views of the Commission are
contained in USITC Publication 4976
(October 2019), entitled Refillable
Stainless Steel Kegs from Mexico:
Investigation No. 731–TA–1427 (Final).
By order of the Commission.
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
PO 00000
been found by the U.S. Department of
Commerce (‘‘Commerce’’) to be sold in
the United States at less than fair value
(‘‘LTFV’’).2 3 4
Sfmt 4703
2 84 FR 42894 (August 19, 2019) (final
determination).
3 The Commission also finds that imports subject
to Commerce’s affirmative critical circumstances
determination are not likely to undermine seriously
the remedial effect of the antidumping duty order
on Mexico.
4 Commissioners Randolph J. Stayin and Amy A.
Karpel did not participate in this investigation.
5 84 FR 13634 (April 5, 2019) (preliminary
determination and alignment).
6 84 FR 25745 (June 4, 2019) (preliminary
determination and postponement).
7 84 FR 25736 (June 4, 2019) (preliminary
determination and postponement).
8 84 FR 25738 (June 4, 2019) (preliminary
determination).
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Agencies
[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54173-54174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22057]
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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
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: 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.
[[Page 54174]]
International Trade Commission, telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 3, 2019, Ordered That--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-36 of the '994 patent; and whether an industry in the United
States is in the process of being established as required by subsection
(a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``batteries that
provide the electrical power for electric vehicles, i.e., EV battery
cells, battery modules, and battery packs, components thereof, and
products containing the same'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
SK Innovation Co., Ltd., 26 Jong-Ro, Jongno-Gu Seoul 03188, Republic of
Korea.
SK Battery America, Inc., 201 17th Street NW, Suite 1700, Atlanta, GA
30363.
(b) The respondents are the following entities alleged to be in
violation of section 337, and is/are the parties upon which the
complaint is to be served:
LG Chem, Ltd., 128 Yeoui-daero, Yeongdeungpo-gu Seoul 07336, Republic
of Korea.
LG Chem Michigan, Inc., 1 LG Way, Holland, MI 49423.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: October 4, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-22057 Filed 10-8-19; 8:45 am]
BILLING CODE 7020-02-P