Certain Memory Modules and Components Thereof; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation, 20521-20522 [2020-07666]
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Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices
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[FR Doc. 2020–07687 Filed 4–10–20; 8:45 am]
BILLING CODE 4310–JA–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1089]
Certain Memory Modules and
Components Thereof; Notice of the
Commission’s Final 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 found no violation of
section 337 of the Tariff Act of 1930, as
amended. The investigation is hereby
terminated.
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–
205–5468. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.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.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on December 4, 2017, based on a
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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17:57 Apr 10, 2020
Jkt 250001
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 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 12–15, 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 ID 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 ID found
that Netlist showed that SK hynix
infringes claims 1–8, 10, 12, 14, and 15
of the ’907 patent, but failed to show
that SK hynix infringed any claim of the
’623 patent. The ID also found that SK
hynix showed that claims 1–5, 7, 8, 10,
14, and 15 of the ’907 patent are invalid
as obvious, but failed to show the
invalidity of claims 6 and 12. Finally,
the ID found that Netlist satisfied the
domestic industry requirement with
respect to the ’907 patent, but did not
satisfy the domestic industry
requirement with respect to the ’623
patent.
On January 31, 2020, the Commission
determined to review the final ID in
part. Specifically, the Commission
determined to review the following
issues: (1) The construction of the
limitation ‘‘receive’’ in the asserted
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20521
claims of the ’907 patent, as well as
related issues of infringement and
invalidity; (2) the construction of the
limitation ‘‘produce first module control
signals and second module control
signals in response to the set of input
address and control signals’’ in the
asserted claims of the ’907 patent, as
well as related issues of infringement
and invalidity; (3) the domestic industry
requirement with respect to both of the
’623 and ’907 patents; and (4) the
findings with respect to both of the ’623
and ’907 patents regarding whether SK
hynix showed that Netlist violated its
obligations, if any, to offer a license on
reasonable and non-discriminatory
(RAND) terms. The Commission
determined not to review any other
findings presented in the Final ID,
including the finding of no violation
with respect to the ’623 patent based on
Netlist’s failure to show infringement
and the technical prong of the domestic
industry requirement.
The Commission also sought briefing
from the parties on four issues and on
remedy, bonding and public interest. On
February 14, 2020, Netlist, SK hynix,
and OUII filed their initial submissions
in response to the Commission’s request
for briefing. On February 24, 2020,
Netlist, SK hynix, and OUII filed their
reply submissions in response to the
Commission’s request for briefing. The
Commission also received a submission
from third-party Hewlett Packard
Enterprise Company.
Having examined the record of this
investigation, including the Final ID, the
petitions, responses, and other
submissions from the parties, the
Commission has determined that Netlist
has failed to show a violation of section
337. The Commission has determined to
construe ‘‘receive’’ to occur when a
signal or data reaches a circuit element’s
input, and, under that construction,
finds that Netlist failed to satisfy that
limitation for infringement and the
technical prong of the domestic industry
requirement for any asserted claim of
the ’907 patent. The Commission has
also determined to construe the
limitation ‘‘produce first module control
signals and second module control
signals in response to the set of input
address and control signals’’ to require
a response to at least one input address
signal and at least one control signal,
and, under that construction, finds that
Netlist failed to satisfy that limitation
for infringement and the technical prong
of the domestic industry requirement for
any asserted claim of the ’907 patent.
The Commission further finds that,
regardless of the constructions for these
limitations, Netlist failed to provide
sufficient evidence on its domestic
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Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices
industry products to satisfy the
technical prong of the domestic industry
requirement. Additionally, the
Commission has determined to take no
position on whether Netlist satisfied the
economic prong of the domestic
industry requirement for either the ’907
or ’623 patents. The Commission also
affirms the Final ID’s finding that SK
hynix showed that claims 1–5, 7, 8, 10,
14, and 15 of the ’907 patent are invalid
as obvious. Finally, the Commission has
determined to reverse the ALJ’s findings
that the ’907 patent is essential to a
JEDEC standard and that the JEDEC
Patent Policy is unenforceable, has
determined to affirm the ALJ’s finding
that the ’623 patent is not shown to be
essential to a JEDEC standard, and has
determined to vacate all other finding
relating to obligations to license on
reasonable and nondiscrimatory terms.
Accordingly, the Commission finds
no violation of section 337 based on
Netlist’s failure to establish
infringement and the technical prong of
the domestic industry requirement, and
on SK hynix’s showing that claims 1–5,
7, 8, 10, 14, and 15 of the ’907 patent
are invalid as obvious. The
Commission’s determinations are
explained more fully in the
accompanying Opinion. All other
findings in the ID under review that are
consistent with the Commission’s
determinations are affirmed. The
investigation is hereby 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: April 7, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–07666 Filed 4–10–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
khammond on DSKJM1Z7X2PROD with NOTICES
[Investigation No. 337–TA–1141]
Certain Cartridges for Electronic
Nicotine Delivery Systems and
Components Thereof; Notice of a
Commission Determination To Issue
Remedial Orders and Impose a Bond
on Defaulting Respondents;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
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17:57 Apr 10, 2020
Jkt 250001
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined to issue a limited exclusion
order and cease and desist orders
against the respondents found to be in
default in this investigation, namely,
DripTip Vapes LLC (‘‘DripTips’’) of
Plantation, Florida; Shenzhen OVNS
Technology Co., Ltd. (‘‘OVNS’’) of
Guangdong, China; Shenzhen Haka
Flavor Technology Co., Ltd. (‘‘Haka’’) of
Guangdong, China; and Shenzhen
OCIGA Technology Co., Ltd. (‘‘OCIGA’’)
of Guangdong, China (collectively, ‘‘the
Defaulting Respondents’’). The
Commission has also determined to
impose a bond equal to 281 percent of
the entered value of the accused
products imported during the period of
Presidential review. The investigation is
hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl
P. Bretscher, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2382. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal telephone
on (202) 205–1810.
SUPPLEMENTARY INFORMATION: On
December 27, 2018, the Commission
instituted the present investigation
based on a complaint filed by Juul Labs,
Inc. (‘‘Juul’’ or ‘‘Complainant’’) of San
Francisco, California. 83 FR 66746–747
(Dec. 27, 2018). The complaint alleges a
violation of 19 U.S.C. 1337, as amended
(‘‘Section 337’’), in the importation, sale
for importation, and sale in the United
States after importation of certain
cartridges used in electronic nicotine
delivery systems and components
thereof that allegedly infringe one or
more of the asserted claims of U.S.
Patent Nos. 10,058,129; 10,104,915;
10,111,470; 10,117,465; and 10,117,466.
Id. The complaint also alleges the
existence of a domestic industry. Id. The
notice of investigation named 23
respondents. Id. The Office of Unfair
Import Investigations (‘‘OUII’’) was also
named as a party. Id.
On May 3, 2019, the presiding
administrative law judge (‘‘ALJ’’) found
the Defaulting Respondents in default.
SUMMARY:
PO 00000
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Order No. 26 (May 3, 2019), not rev’d,
Comm’n Notice (May 31, 2019). On
September 9, 2019, Juul filed a
Declaration Seeking Immediate Relief
Against Defaulting Respondents. On
September 19, 2019, OUII filed a
response opposing Juul’s declaration as
premature and stating that any
requested relief should be deferred until
the end of the investigation.
The Commission terminated the
investigation with respect to all of the
other respondents through a series of
settlement agreements and consent
orders. Order No. 51 (Dec. 5, 2019), not
rev’d, Comm’n Notice (Jan. 6, 2020);
Order Nos. 46–50 (Nov. 18, 2019), not
rev’d, Comm’n Notice (Dec. 16, 2019);
Order No. 44 (Sept. 18, 2019), not rev’d,
Comm’n Notice (Oct. 15, 2019); Order
No. 34 (June 14, 2019), not rev’d,
Comm’n Notice (July 10, 2019); Order
No. 30 (May 15, 2019), not rev’d,
Comm’n Notice (June 12, 2019); Order
No. 25 (April 18, 2019), not rev’d,
Comm’n Notice (May 15, 2019); Order
Nos. 19–21 (Apr. 10, 2019), not rev’d,
Comm’n Notice (May 7, 2019); Order
Nos. 15, 16 (Mar. 12, 2019), not rev’d,
Comm’n Notice (Mar. 26, 2019); Order
Nos. 13, 14 (Feb. 28, 2019), not rev’d,
Comm’n Notice (Mar. 26, 2019).
The Commission, in terminating the
last active respondent from the
investigation, also terminated the
proceedings before the ALJ. Order No.
51 at 3 (Dec. 5, 2019), not rev’d, Comm’n
Notice (Jan. 6, 2020). Accordingly, Juul
renewed its request for relief against the
Defaulting Respondents on December
12, 2019. The Commission, in the same
notice that terminated the investigation
with respect to the last remaining
respondent, requested briefing on the
issues of remedy, bonding, and the
public interest. Comm’n Notice (Jan. 6,
2020). The Commission also found
Juul’s September 9, 2019, declaration to
be moot. Id.
On January 13, 2020, both Juul and
OUII filed statements on remedy, public
interest, and bonding. On January 20,
2020, Juul filed a reply to OUII’s initial
submission. None of the Defaulting
Respondents filed a response to either
the Commission’s original notice or the
initial submissions filed by Juul or OUII.
Upon review of the parties’
submissions, and in the absence of any
response from the Defaulting
Respondents, the Commission has
determined to issue a limited exclusion
order and cease and desist orders
against the Defaulting Respondents. The
Commission has further determined to
set a bond equal to 281 percent of the
entered value of the covered products.
The investigation is hereby terminated.
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]]>Agencies
[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20521-20522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07666]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1089]
Certain Memory Modules and Components Thereof; Notice of the
Commission's Final 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 found no violation of section 337 of the Tariff Act of
1930, as amended. The investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-5468. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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.
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 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
12-15, 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 ID 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 ID found
that Netlist showed that SK hynix infringes claims 1-8, 10, 12, 14, and
15 of the '907 patent, but failed to show that SK hynix infringed any
claim of the '623 patent. The ID also found that SK hynix showed that
claims 1-5, 7, 8, 10, 14, and 15 of the '907 patent are invalid as
obvious, but failed to show the invalidity of claims 6 and 12. Finally,
the ID found that Netlist satisfied the domestic industry requirement
with respect to the '907 patent, but did not satisfy the domestic
industry requirement with respect to the '623 patent.
On January 31, 2020, the Commission determined to review the final
ID in part. Specifically, the Commission determined to review the
following issues: (1) The construction of the limitation ``receive'' in
the asserted claims of the '907 patent, as well as related issues of
infringement and invalidity; (2) the construction of the limitation
``produce first module control signals and second module control
signals in response to the set of input address and control signals''
in the asserted claims of the '907 patent, as well as related issues of
infringement and invalidity; (3) the domestic industry requirement with
respect to both of the '623 and '907 patents; and (4) the findings with
respect to both of the '623 and '907 patents regarding whether SK hynix
showed that Netlist violated its obligations, if any, to offer a
license on reasonable and non-discriminatory (RAND) terms. The
Commission determined not to review any other findings presented in the
Final ID, including the finding of no violation with respect to the
'623 patent based on Netlist's failure to show infringement and the
technical prong of the domestic industry requirement.
The Commission also sought briefing from the parties on four issues
and on remedy, bonding and public interest. On February 14, 2020,
Netlist, SK hynix, and OUII filed their initial submissions in response
to the Commission's request for briefing. On February 24, 2020,
Netlist, SK hynix, and OUII filed their reply submissions in response
to the Commission's request for briefing. The Commission also received
a submission from third-party Hewlett Packard Enterprise Company.
Having examined the record of this investigation, including the
Final ID, the petitions, responses, and other submissions from the
parties, the Commission has determined that Netlist has failed to show
a violation of section 337. The Commission has determined to construe
``receive'' to occur when a signal or data reaches a circuit element's
input, and, under that construction, finds that Netlist failed to
satisfy that limitation for infringement and the technical prong of the
domestic industry requirement for any asserted claim of the '907
patent. The Commission has also determined to construe the limitation
``produce first module control signals and second module control
signals in response to the set of input address and control signals''
to require a response to at least one input address signal and at least
one control signal, and, under that construction, finds that Netlist
failed to satisfy that limitation for infringement and the technical
prong of the domestic industry requirement for any asserted claim of
the '907 patent. The Commission further finds that, regardless of the
constructions for these limitations, Netlist failed to provide
sufficient evidence on its domestic
[[Page 20522]]
industry products to satisfy the technical prong of the domestic
industry requirement. Additionally, the Commission has determined to
take no position on whether Netlist satisfied the economic prong of the
domestic industry requirement for either the '907 or '623 patents. The
Commission also affirms the Final ID's finding that SK hynix showed
that claims 1-5, 7, 8, 10, 14, and 15 of the '907 patent are invalid as
obvious. Finally, the Commission has determined to reverse the ALJ's
findings that the '907 patent is essential to a JEDEC standard and that
the JEDEC Patent Policy is unenforceable, has determined to affirm the
ALJ's finding that the '623 patent is not shown to be essential to a
JEDEC standard, and has determined to vacate all other finding relating
to obligations to license on reasonable and nondiscrimatory terms.
Accordingly, the Commission finds no violation of section 337 based
on Netlist's failure to establish infringement and the technical prong
of the domestic industry requirement, and on SK hynix's showing that
claims 1-5, 7, 8, 10, 14, and 15 of the '907 patent are invalid as
obvious. The Commission's determinations are explained more fully in
the accompanying Opinion. All other findings in the ID under review
that are consistent with the Commission's determinations are affirmed.
The investigation is hereby 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: April 7, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-07666 Filed 4-10-20; 8:45 am]
BILLING CODE 7020-02-P
