Certain Blood Separation and Cell Preparation Devices; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on the Withdrawal of the Complaint; Termination of Investigation, 6970-6971 [2020-02337]

Download as PDF 6970 Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Notices the opinion of the Office of General Counsel that the Coquille Tribe of Oregon’s Class III gaming ordinance is compliant with the requirements of IGRA and NIGC regulations. A copy of the ordinance and approval letter can be found on the NIGC’s website (www.nigc.gov) under General Counsel, Gaming Ordinances. A copy of the approved Class III gaming ordinance will also be made available upon request. Requests can be made in writing to the Office of General Counsel, National Indian Gaming Commission, Attn: Frances Fragua, 1849 C Street NW, MS #1621, Washington, DC 20240. National Indian Gaming Commission. Dated: January 31, 2020. Michael Hoenig, General Counsel. [FR Doc. 2020–02353 Filed 2–5–20; 8:45 am] BILLING CODE 7565–01–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1024] Certain Integrated Circuits With Voltage Regulators and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation for Good Cause; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 59) that grants a joint motion to terminate this investigation for good cause. This investigation is terminated. FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202–205–3427. 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 lotter on DSKBCFDHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:54 Feb 05, 2020 Jkt 250001 persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone 202–205–1810. SUPPLEMENTARY INFORMATION: On October 18, 2016, the Commission instituted this investigation based on a complaint filed by R2 Semiconductor, Inc. of Sunnyvale, California. 81 FR 71764 (Oct. 18, 2016). The complaint 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, or the sale within the United States after importation of certain integrated circuits with voltage regulators and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,233,250 (‘‘the ’250 patent’’). Id. The Commission’s notice of investigation named as respondents Intel Corporation of Santa Clara, California; Intel Ireland Ltd. of Leixlip, Ireland; Intel Products Vietnam Co., Ltd. of Ho Chi Minh City, Vietnam; Intel Israel 74 Ltd. of Haifa, Israel; Intel Malaysia Sdn. Berhad of Penang, Malaysia; Intel China, Ltd. of Beijing, China; Dell, Inc. of Round Rock, Texas; Dell Technologies Inc. of Round Rock, Texas; HP Inc. of Palo Alto, California; and Hewlett Packard Enterprise Co. of Palo Alto, California (collectively, ‘‘Respondents’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) is participating in this investigation. Id. On July 31, 2018, the Patent Trial and Appeal Board (‘‘PTAB’’) issued final written decisions in inter partes review proceedings, finding all asserted claims of the ’250 patent to be invalid. On August 16, 2018, Respondents filed an unopposed motion to stay this investigation pending appellate review of those decisions by the Federal Circuit. On August 31, 2018, the presiding administrative law judge (‘‘ALJ’’) granted that motion. Order No. 55 (Aug. 31, 2018). On December 23, 2019, R2 and Respondents filed a joint motion to terminate this investigation in its entirety for good cause in light of the Federal Circuit’s November 13, 2019 decision affirming the PTAB’s decision finding all asserted claims of the ’250 patent unpatentable. OUII did not oppose the motion. On January 10, 2020, the ALJ issued the subject ID (Order No. 59), which grants the motion. The ALJ found that the motion complies with Commission Rule 210.21(a) and that no extraordinary circumstances prohibit termination of the investigation. No petitions for review were filed. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 The Commission has determined not to review the subject ID. This investigation is terminated. 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: January 31, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–02292 Filed 2–5–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1147] Certain Blood Separation and Cell Preparation Devices; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on the Withdrawal of the Complaint; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 17) that grants the complainant’s motion to terminate this investigation based on the withdrawal of the complaint. This investigation is terminated. FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202–205–3427. 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, telephone 202–205–1810. SUMMARY: E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Notices The Commission instituted this investigation on March 12, 2019, based on a complaint filed by RegenLab USA LLC of New York, New York (‘‘RegenLab’’). 84 FR 8891 (Mar. 12, 2019). The complaint, as amended, 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 blood separation and cell preparation devices by reason of infringement of certain claims of U.S. Patent No. 10,064,894. Id. The amended complaint further alleges that an industry in the United States exists as required by section 337. Id. The notice of investigation named as respondents Estar Technologies, Ltd. of Holon, Israel, and Eclipse MedCorp, LLC of The Colony, Texas (collectively, ‘‘Respondents’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) was named as a party to the investigation. Id. On November 13, 2019, RegenLab filed a motion to terminate the investigation in its entirety based on the withdrawal of the complaint. On November 15, 2019, Respondents filed a response stating that they did not oppose the motion to terminate, on the condition that an order to show cause issue regarding whether RegenLab and its previous counsel should not be sanctioned. On November 22, 2019, Respondents filed a motion seeking that show cause order. On November 25, 2019, OUII filed a response supporting the motion to terminate the investigation. On December 20, 2019, the presiding administrative law judge (‘‘ALJ’’) issued Order No. 16, which denied Respondents’ motion for the show cause order. Also on December 20, 2019, the ALJ issued Order No. 17, the subject ID, granting pursuant to 19 CFR 210.21(a) RegenLab’s motion to terminate the investigation. The ID finds that RegenLab’s motion complies with the Commission’s Rules. No petitions for review were filed. The Commission has determined not to review the subject ID. However, the Commission notes that RegenLab filed its motion to terminate six days before the hearing was scheduled to begin, after extensive proceedings, including discovery, had occurred before the ALJ. As a general matter, the Commission notes that withdrawal of a complaint at such a late stage of the investigation raises questions about what effect, if any, termination would have on a future complaint that might be filed based on lotter on DSKBCFDHB2PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 19:54 Feb 05, 2020 Jkt 250001 the same or similar alleged violations of section 337 by the same respondents, and how the record from the terminated investigation may be used in such a future investigation. This investigation is terminated. 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: January 31, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–02337 Filed 2–5–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1089] Certain Memory Modules and Components Thereof; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date 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 a final initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’), finding a violation of section 337 of the Tariff Act of 1930. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice. The Commission also requests briefing from the parties and interested persons on the issues of remedy, the public interest, and bonding. The Commission has also determined to extend the target date for the completion of the above-captioned investigation to April 7, 2020. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5468. 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. SUMMARY: PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 6971 International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on December 4, 2017, based on a complaint filed by Netlist, Inc. of Irvine, California (‘‘Netlist’’). 82 FR 57290–91. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain memory modules and components thereof that infringe claims 1–8, 10, 12, 14, 16–22, 24, 25, 27, 29–35, 38, 43–45, 47, 48, 50, 52, and 58 of U.S. Patent No. 9,606,907 (‘‘the ’907 patent’’) and claims 1–5, 7– 15, 17–25, 27, and 29 of U.S. Patent No. 9,535,623 (‘‘the ’623 patent’’). Id. The Commission’s notice of investigation named as respondents SK hynix Inc. of the Republic of Korea; SK hynix America Inc. of San Jose, California; and SK hynix memory solutions Inc. of San Jose, California (together, ‘‘SK hynix’’). Id. at 57291. The Office of Unfair Import Investigations (‘‘OUII’’) is also participating in this investigation. Id. The Commission subsequently terminated the investigation with respect to claims 16–22, 24, 25, 27, 29– 35, 38, 43–45, 47, 48, 50, 52, and 58 of the ’907 patent and claims 12–15, 17– 25, 27, and 29 of the ’623 patent based on Netlist’s partial withdrawal of its complaint. See Order. No. 12 (Mar. 19, 2018), not reviewed, Notice (Apr. 5, 2019); Order. No. 19 (Sept. 25, 2018), not reviewed, Notice (Oct. 15, 2018); Order. No. 27 (Dec. 6, 2018), not reviewed, Notice (Dec. 21, 2018). Accordingly, at the time of the Final ID, the remaining asserted claims were claims 1–8, 10, 12, 14, and 15 of the ’907 patent and claims 1–5 and 7–11 of the ’623 patent. On October 19, 2019, the ALJ issued a final initial determination (‘‘Final ID’’) finding a violation of section 337 with respect to claims 6 and 12 of the ’907 patent. Final ID at 164–65. The ALJ found that Netlist showed that SK hynix infringes claims 1–8, 10, 12, 14, and 15 of the ’907 patent, but failed to show E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 6970-6971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02337]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1147]


Certain Blood Separation and Cell Preparation Devices; Notice of 
Commission Determination Not To Review an Initial Determination 
Terminating the Investigation Based on the Withdrawal of the Complaint; 
Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 17) that grants the complainant's 
motion to terminate this investigation based on the withdrawal of the 
complaint. This investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3427. 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, telephone 202-205-1810.

[[Page 6971]]


SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 12, 2019, based on a complaint filed by RegenLab USA LLC of 
New York, New York (``RegenLab''). 84 FR 8891 (Mar. 12, 2019). The 
complaint, as amended, 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 blood 
separation and cell preparation devices by reason of infringement of 
certain claims of U.S. Patent No. 10,064,894. Id. The amended complaint 
further alleges that an industry in the United States exists as 
required by section 337. Id. The notice of investigation named as 
respondents Estar Technologies, Ltd. of Holon, Israel, and Eclipse 
MedCorp, LLC of The Colony, Texas (collectively, ``Respondents''). Id. 
The Office of Unfair Import Investigations (``OUII'') was named as a 
party to the investigation. Id.
    On November 13, 2019, RegenLab filed a motion to terminate the 
investigation in its entirety based on the withdrawal of the complaint. 
On November 15, 2019, Respondents filed a response stating that they 
did not oppose the motion to terminate, on the condition that an order 
to show cause issue regarding whether RegenLab and its previous counsel 
should not be sanctioned. On November 22, 2019, Respondents filed a 
motion seeking that show cause order. On November 25, 2019, OUII filed 
a response supporting the motion to terminate the investigation.
    On December 20, 2019, the presiding administrative law judge 
(``ALJ'') issued Order No. 16, which denied Respondents' motion for the 
show cause order.
    Also on December 20, 2019, the ALJ issued Order No. 17, the subject 
ID, granting pursuant to 19 CFR 210.21(a) RegenLab's motion to 
terminate the investigation. The ID finds that RegenLab's motion 
complies with the Commission's Rules. No petitions for review were 
filed.
    The Commission has determined not to review the subject ID. 
However, the Commission notes that RegenLab filed its motion to 
terminate six days before the hearing was scheduled to begin, after 
extensive proceedings, including discovery, had occurred before the 
ALJ. As a general matter, the Commission notes that withdrawal of a 
complaint at such a late stage of the investigation raises questions 
about what effect, if any, termination would have on a future complaint 
that might be filed based on the same or similar alleged violations of 
section 337 by the same respondents, and how the record from the 
terminated investigation may be used in such a future investigation. 
This investigation is terminated.
    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: January 31, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-02337 Filed 2-5-20; 8:45 am]
 BILLING CODE 7020-02-P