Certain Infotainment Systems, Components Thereof, and Automobiles Containing the Same; Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation, 26987-26988 [2020-09636]

Download as PDF Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices Register. The EPA typically publishes its NOAs every Friday. ADDRESSES: You may submit comments by any of the following methods: • Website: https://bit.ly/36pwGth. • Mail: Bureau of Land Management; Miles City Field Office; Beth Klempel; 111 Garryowen Road, Miles City, MT 59301. Copies of the EA are available at the MCFO at the above address or may be reviewed at: https://bit.ly/36pwGth. FOR FURTHER INFORMATION CONTACT: Beth Klempel, Assistant Field Manager for the Division of Nonrenewable Resources by telephone at 406–233–2800, or by email at bklempel@blm.gov. Persons who use a telecommunications device for the deaf may call the Federal Relay Service (FRS) at 1–800–877–8339 to leave a message or question for Ms. Klempel. The FRS is available 24 hours a day, 7 days a week. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The BLM patented the subject land’s surface estate to MCC in 1992 under the R&PP Act for the college’s educational purposes, including a rodeo arena for equestrian events, recreation facilities and agriculture related courses and programs. The patent is subject to a reversionary interest which only allows MCC to use the land in accordance with the patent and plan of development. The U.S. retained an interest in the land in which title could revert back to the U.S. if the land is not used for the purposes authorized under the R&PP Act or if the land is transferred to another party without the BLM’s approval. In 2016, MCC built an Agricultural Advancement Center (indoor arena) on the subject land. On June 3, 2016, the BLM received a request from MCC to purchase the Federal reversionary interest retained by the U.S. The reversionary interest in the following land is proposed for a direct sale in accordance with Section 203 of the FLPMA, as amended (43 U.S.C. 1713). Principal Meridian, Montana T. 7 N., R 47 E., Sec. 5, Tract X. The area described above contains 11.83 acres. The conveyance document issued would convey only the reversionary interest retained by the U.S. in patent 25–92–0078 and would contain terms, conditions and reservations. The 2015 RMP, as amended, does not specifically identify Tract X for disposal since it was patented to MCC under the R&PP Act prior to the RMP being issued. A direct sale of the reversionary interest VerDate Sep<11>2014 19:08 May 05, 2020 Jkt 250001 would require a plan amendment to the RMP. Before including your address, phone number, email address, or other personal identifying information in any comment, be aware that 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. (Authority: 43 CFR 1506, 43 CFR 1610.2, and 43 CFR 2711 et seq.) John Mehlhoff, State Director, Montana/Dakotas. [FR Doc. 2020–09616 Filed 5–5–20; 8:45 am] BILLING CODE 4310–DN–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1119] Certain Infotainment Systems, Components Thereof, and Automobiles Containing the Same; Notice of a 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 affirm, with modified reasoning, the final initial determination’s (‘‘FID’’) finding that no violation of section 337 has occurred. The investigation is terminated. SUMMARY: FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC. 20436, telephone (202) 205–3228. 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: On June 12, 2018, the Commission instituted this PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 26987 investigation based on a complaint filed by Broadcom Corporation (‘‘Broadcom’’) of San Jose, California. 83 FR 27349 (June 12, 2018). The complaint alleged a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’) in the importation into the United States, sale for importation, or sale in the United States after importation of certain infotainment systems, components thereof, and automobiles containing same that allegedly infringe one or more claims of U.S. Patent Nos. 6,937,187 (‘‘the ’187 patent’’); 8,902,104 (‘‘the ’104 patent’’); 7,512,752 (‘‘the ’752 patent’’); 7,530,027 (‘‘the ’027 patent’’); 8,284,844 (‘‘the ’844 patent’’); and 7,437,583 (‘‘the ’583 patent’’) (collectively, ‘‘the Asserted Patents’’). The notice of investigation named 15 respondents, including Toyota Motor Corporation of Aichi, Japan; Toyota Motor North America, Inc. of Plano, TX; Toyota Motor Sales, U.S.A., Inc. of Plano, TX; Toyota Motor Engineering & Manufacturing North America, Inc. of Plano, TX; Toyota Motor Manufacturing, Indiana, Inc. of Princeton, IN; Toyota Motor Manufacturing, Kentucky, Inc. of Erlanger, KY; Toyota Motor Manufacturing, Mississippi, Inc. of Tupelo, MS; and Toyota Motor Manufacturing, Texas, Inc. of San Antonio, TX (collectively, ‘‘Toyota’’); Panasonic Corporation of Osaka, Japan and Panasonic Corporation of North America of Newark, NJ (collectively, ‘‘Panasonic’’); DENSO TEN Limited of Kobe City, Japan and DENSO TEN AMERICA Limited of Torrance, CA (collectively, ‘‘DENSO TEN’’); Renesas Electronics Corporation of Tokyo, Japan and Renesas Electronics America, Inc. of Milpitas, CA (collectively, ‘‘Renesas’’); and Japan Radio Co., Ltd. of Tokyo, Japan. Id. at 27349–50. The Office of Unfair Import Investigations was not named as a party. Id. at 27351. The complaint and notice of investigation were later amended to add ten more respondents, including Pioneer Corporation of Tokyo, Japan and Pioneer Automotive Technologies, Inc. of Farmington Hills, MI (collectively, ‘‘Pioneer’’); DENSO Corporation of Aichi, Japan; DENSO International America, Inc. of Southfield, MI; DENSO Manufacturing Tennessee, Inc. of Maryville, TN; and DENSO Wireless Systems America, Inc. of Vista, CA (collectively, ‘‘DENSO Corp.’’); u-blox AG of Thalwil, Switzerland; u-blox America, Inc. of Reston, VA; u-blox San Diego, Inc. of San Diego, CA; and Socionext Inc. of Kanagawa, Japan. Order No. 14 (Oct. 3, E:\FR\FM\06MYN1.SGM 06MYN1 26988 Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices 2018), not rev’d in relevant part, Comm’n Notice (Nov. 1, 2018). Certain patent claims were subsequently withdrawn and terminated from the investigation. See Order No. 20 (Jan. 31, 2019), not rev’d, Comm’n Notice (Feb. 19, 2019); Order No. 48 (June 5, 2019), not rev’d, Comm’n Notice (June 18, 2019); Order No. 49 (June 13, 2019), not rev’d, Comm’n Notice (June 28, 2019). At the time of the FID, the claims at issue were claims 1–3, 5, and 9 of the ’187 patent; claim 12 of the ’104 patent; claims 1–2 and 4–8 of the ’752 patent; claims 11 and 20 of the ’027 patent; claims 11 and 13 of the ’844 patent; and claims 17–18 and 25–26 of the ’583 patent. See Comm’n Notice (June 28, 2019). On November 13, 2019, the ALJ issued an FID finding no violation of section 337. See FID. On November 15, 2019, the ALJ issued a Notice of Correction to Conclusions of Law in Initial Determination on Violation of Section 337 and a corrected FID issued on November 18, 2019. The corrected FID fixes a typographical error in the conclusions of law and correctly identifies Respondents found to infringe the ’583 patent. See FID at p. 272. The FID also contains the ALJ’s recommended determination recommending, if a violation is found, that the Commission issue a limited exclusion order prohibiting the importation of infringing infotainment systems, components thereof, and automobiles containing same that infringe. as well as cease and desist orders directed to certain domestic respondents. On November 26, 2019, Broadcom filed a petition for review of the FID and the respondents filed a contingent petition for review. On December 4, 2019, Broadcom and the respondents filed responses to each other’s petitions. On December 16, 2019, Broadcom filed a submission on the public interest pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). That same day, Toyota, Renesas, and Tier 1 Suppliers (DENSO Corp., DENSO TEN, Panasonic, and Pioneer) filed their submissions on the public interest pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). On December 18, 2019, two non-parties, Peter Morici and the Reshoring Initiative, filed submissions on the public interest in response to the Commission’s notice requesting such responses. 84 FR 64104 (Nov. 20, 2019). On March 3, 2020, the Commission determined to review the FID in part and requested briefing on certain issues. 85 FR 12576–78 (March 3, 2020). Specifically, the Commission VerDate Sep<11>2014 19:08 May 05, 2020 Jkt 250001 determined to review the FID’s findings on: (1) The claim construction of the limitation ‘‘at least one processor’’ recited in claims 25 and 26 of the ’583 patent; (2) infringement of the asserted claims of the ’583 patent; (3) technical prong of the domestic industry requirement as to the ’583 patent; (4) invalidity of the asserted claims of the ’752 patent; and (5) whether the accused Pioneer head units meet the limitations of claims 2 and 5 of the ’752 patent. Id. The Commission requested briefing on some of the issues under review, and remedy, bonding, and the public interest. Id. On March 11, 2020, the parties filed their written responses to the Commission’s request for briefing. On March 18, 2020, the parties filed their reply submissions. On March 11, 2020, additional submissions on remedy, bonding, and the public interest were received from the following non-parties: Representatives and Senators from Kentucky; Representatives and Senators from Texas; Harman International Industries, Incorporated; and the Alliance for Automotive Innovation. Having examined the record of this investigation, including the FID, the petitions for review, and the responses thereto, and filings in response to the Commission’s request for briefing, the Commission has determined to affirm, with modified reasoning, the FID’s finding of no violation of section 337. Specifically, the Commission affirms, with modified reasoning as explained in the Commission opinion, that: (1) Claims 25 and 26 of the ’583 patent are not infringed by any Respondent; (2) the technical prong of the domestic industry requirement is not met for the ’583 patent; (3) the Pioneer head units do not meet the limitations of claims 2 and 5 of the ’752 patent; and (4) claims 1, 2, 4, 5, 7, and 8 of the ’752 patent are invalid as anticipated and obvious. The Commission affirms the FID’s infringement finding as to claims 17 and 18 of the ’583 patent. The 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: April 30, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–09636 Filed 5–5–20; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—CHEDE–8 Notice is hereby given that, on April 21, 2020, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), CHEDE–8 (‘‘CHEDE– 8’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, DENSO Corporation, Aichi-Ken, JAPAN, has been added as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and CHEDE–8 intends to file additional written notifications disclosing all changes in membership. On December 4, 2019, CHEDE–8 filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on December 30, 2019 (84 FR 71977). The last notification was filed with the Department on March 2, 2020. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on March 20, 2020 (85 FR 16132). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2020–09624 Filed 5–5–20; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—National Spectrum Consortium Notice is hereby given that, on April 21, 2020, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), National Spectrum Consortium (‘‘NSC’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 26987-26988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09636]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1119]


Certain Infotainment Systems, Components Thereof, and Automobiles 
Containing the Same; Notice of a 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 affirm, with modified reasoning, the final 
initial determination's (``FID'') finding that no violation of section 
337 has occurred. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC. 20436, telephone (202) 205-3228. 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: On June 12, 2018, the Commission instituted 
this investigation based on a complaint filed by Broadcom Corporation 
(``Broadcom'') of San Jose, California. 83 FR 27349 (June 12, 2018). 
The complaint alleged a violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337'') in the importation 
into the United States, sale for importation, or sale in the United 
States after importation of certain infotainment systems, components 
thereof, and automobiles containing same that allegedly infringe one or 
more claims of U.S. Patent Nos. 6,937,187 (``the '187 patent''); 
8,902,104 (``the '104 patent''); 7,512,752 (``the '752 patent''); 
7,530,027 (``the '027 patent''); 8,284,844 (``the '844 patent''); and 
7,437,583 (``the '583 patent'') (collectively, ``the Asserted 
Patents''). The notice of investigation named 15 respondents, including 
Toyota Motor Corporation of Aichi, Japan; Toyota Motor North America, 
Inc. of Plano, TX; Toyota Motor Sales, U.S.A., Inc. of Plano, TX; 
Toyota Motor Engineering & Manufacturing North America, Inc. of Plano, 
TX; Toyota Motor Manufacturing, Indiana, Inc. of Princeton, IN; Toyota 
Motor Manufacturing, Kentucky, Inc. of Erlanger, KY; Toyota Motor 
Manufacturing, Mississippi, Inc. of Tupelo, MS; and Toyota Motor 
Manufacturing, Texas, Inc. of San Antonio, TX (collectively, 
``Toyota''); Panasonic Corporation of Osaka, Japan and Panasonic 
Corporation of North America of Newark, NJ (collectively, 
``Panasonic''); DENSO TEN Limited of Kobe City, Japan and DENSO TEN 
AMERICA Limited of Torrance, CA (collectively, ``DENSO TEN''); Renesas 
Electronics Corporation of Tokyo, Japan and Renesas Electronics 
America, Inc. of Milpitas, CA (collectively, ``Renesas''); and Japan 
Radio Co., Ltd. of Tokyo, Japan. Id. at 27349-50. The Office of Unfair 
Import Investigations was not named as a party. Id. at 27351.
    The complaint and notice of investigation were later amended to add 
ten more respondents, including Pioneer Corporation of Tokyo, Japan and 
Pioneer Automotive Technologies, Inc. of Farmington Hills, MI 
(collectively, ``Pioneer''); DENSO Corporation of Aichi, Japan; DENSO 
International America, Inc. of Southfield, MI; DENSO Manufacturing 
Tennessee, Inc. of Maryville, TN; and DENSO Wireless Systems America, 
Inc. of Vista, CA (collectively, ``DENSO Corp.''); u-blox AG of 
Thalwil, Switzerland; u-blox America, Inc. of Reston, VA; u-blox San 
Diego, Inc. of San Diego, CA; and Socionext Inc. of Kanagawa, Japan. 
Order No. 14 (Oct. 3,

[[Page 26988]]

2018), not rev'd in relevant part, Comm'n Notice (Nov. 1, 2018).
    Certain patent claims were subsequently withdrawn and terminated 
from the investigation. See Order No. 20 (Jan. 31, 2019), not rev'd, 
Comm'n Notice (Feb. 19, 2019); Order No. 48 (June 5, 2019), not rev'd, 
Comm'n Notice (June 18, 2019); Order No. 49 (June 13, 2019), not rev'd, 
Comm'n Notice (June 28, 2019). At the time of the FID, the claims at 
issue were claims 1-3, 5, and 9 of the '187 patent; claim 12 of the 
'104 patent; claims 1-2 and 4-8 of the '752 patent; claims 11 and 20 of 
the '027 patent; claims 11 and 13 of the '844 patent; and claims 17-18 
and 25-26 of the '583 patent. See Comm'n Notice (June 28, 2019).
    On November 13, 2019, the ALJ issued an FID finding no violation of 
section 337. See FID. On November 15, 2019, the ALJ issued a Notice of 
Correction to Conclusions of Law in Initial Determination on Violation 
of Section 337 and a corrected FID issued on November 18, 2019. The 
corrected FID fixes a typographical error in the conclusions of law and 
correctly identifies Respondents found to infringe the '583 patent. See 
FID at p. 272.
    The FID also contains the ALJ's recommended determination 
recommending, if a violation is found, that the Commission issue a 
limited exclusion order prohibiting the importation of infringing 
infotainment systems, components thereof, and automobiles containing 
same that infringe. as well as cease and desist orders directed to 
certain domestic respondents.
    On November 26, 2019, Broadcom filed a petition for review of the 
FID and the respondents filed a contingent petition for review. On 
December 4, 2019, Broadcom and the respondents filed responses to each 
other's petitions.
    On December 16, 2019, Broadcom filed a submission on the public 
interest pursuant to Commission Rule 210.50(a)(4) (19 CFR 
210.50(a)(4)). That same day, Toyota, Renesas, and Tier 1 Suppliers 
(DENSO Corp., DENSO TEN, Panasonic, and Pioneer) filed their 
submissions on the public interest pursuant to Commission Rule 
210.50(a)(4) (19 CFR 210.50(a)(4)). On December 18, 2019, two non-
parties, Peter Morici and the Reshoring Initiative, filed submissions 
on the public interest in response to the Commission's notice 
requesting such responses. 84 FR 64104 (Nov. 20, 2019).
    On March 3, 2020, the Commission determined to review the FID in 
part and requested briefing on certain issues. 85 FR 12576-78 (March 3, 
2020). Specifically, the Commission determined to review the FID's 
findings on: (1) The claim construction of the limitation ``at least 
one processor'' recited in claims 25 and 26 of the '583 patent; (2) 
infringement of the asserted claims of the '583 patent; (3) technical 
prong of the domestic industry requirement as to the '583 patent; (4) 
invalidity of the asserted claims of the '752 patent; and (5) whether 
the accused Pioneer head units meet the limitations of claims 2 and 5 
of the '752 patent. Id. The Commission requested briefing on some of 
the issues under review, and remedy, bonding, and the public interest. 
Id. On March 11, 2020, the parties filed their written responses to the 
Commission's request for briefing. On March 18, 2020, the parties filed 
their reply submissions.
    On March 11, 2020, additional submissions on remedy, bonding, and 
the public interest were received from the following non-parties: 
Representatives and Senators from Kentucky; Representatives and 
Senators from Texas; Harman International Industries, Incorporated; and 
the Alliance for Automotive Innovation.
    Having examined the record of this investigation, including the 
FID, the petitions for review, and the responses thereto, and filings 
in response to the Commission's request for briefing, the Commission 
has determined to affirm, with modified reasoning, the FID's finding of 
no violation of section 337. Specifically, the Commission affirms, with 
modified reasoning as explained in the Commission opinion, that: (1) 
Claims 25 and 26 of the '583 patent are not infringed by any 
Respondent; (2) the technical prong of the domestic industry 
requirement is not met for the '583 patent; (3) the Pioneer head units 
do not meet the limitations of claims 2 and 5 of the '752 patent; and 
(4) claims 1, 2, 4, 5, 7, and 8 of the '752 patent are invalid as 
anticipated and obvious. The Commission affirms the FID's infringement 
finding as to claims 17 and 18 of the '583 patent.
    The 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: April 30, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-09636 Filed 5-5-20; 8:45 am]
 BILLING CODE 7020-02-P