Certain Electronic Devices, Including Computers, Tablet Computers, and Components and Modules Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion by Google, LLC To Intervene in the Investigation, 62760-62761 [2020-21904]

Download as PDF 62760 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Celia Feldpausch ((202) 205–2387), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to a petition filed on September 29, 2020, by the Aluminum Association Trade Enforcement Working Group, Arlington, Virginia and its individual members— Gra¨nges Americas Inc., Franklin, Tennessee; JW Aluminum Company, Daniel Island, South Carolina; and Novelis Corporation, Atlanta, Georgia. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in §§ 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission is conducting the staff conference through video conferencing on Tuesday, October 20, 2020. Requests to appear at the conference should be emailed to preliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or before October 16, 2020. Please provide an email address for each conference participant in the email. Information on conference procedures will be provided separately and guidance on joining the video conference will be available on the Commission’s Daily Calendar. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to participate by submitting a short statement. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Written submissions.—As provided in §§ 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before October 23, 2020, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Certification.—Pursuant to § 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of these or related investigations or reviews, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission’s rules. By order of the Commission. Issued: September 30, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–21953 Filed 10–2–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1208] Certain Electronic Devices, Including Computers, Tablet Computers, and Components and Modules Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion by Google, LLC To Intervene in the 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. 5) of the presiding administrative law judge SUMMARY: E:\FR\FM\05OCN1.SGM 05OCN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices (‘‘ALJ’’), granting a motion by Google, LLC of Mountain View, California (‘‘Google’’) to intervene in the investigation. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW, Washington, DC 20436, telephone (202) 205–3179. 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 August 10, 2020, the Commission instituted this investigation based on a complaint filed by Nokia Technologies Oy and Nokia Corporation both of Espoo, Finland (collectively, ‘‘Nokia’’). 85 FR 48263–64 (Aug. 10, 2020). The complaint alleged violations of section 337 based on the importation into the United States, the sale for importation, or the sale within the United States after importation of certain electronic devices, including computers, tablet computers, and components and modules thereof by reason of infringement of certain claims of U.S. Patent Nos. 8,144,764; 7,532,808; 6,950,469; 7,724,818; and 8,583,706 (‘‘the ’706 patent’’). Id. The Commission’s notice of investigation named the following nine Lenovo entities as respondents: Lenovo (United States), Inc. of Morrisville, North Carolina; Lenovo Group Limited of Quarry Bay, Hong Kong; Lenovo (Beijing) Limited of Beijing, China; Lenovo (Shanghai) Electronics Technology Co. Ltd. of Shanghai, China; Lenovo PC HK Limited of Quarry Bay, Hong Kong; Lenovo Information Products Shenzhen Co. Ltd. of Shenzhen, China; Lenovo Mobile Communication of Wuhan, China; Lenovo Corporation of Wujiang, China; and Lenovo Centro Tecnologico S. de RL CV of Nuevo Leon, Mexico (collectively, ‘‘Lenovo’’). Id. at 48264. The notice of investigation also named the Office of Unfair Import Investigations (‘‘OUII’’) as a party. Id. On August 12, 2020, Google filed a motion to intervene in this investigation as to the ’706 patent, asserting that it has an interest in infringement and invalidity issues regarding that patent. VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 On August 24, 2020, Nokia, Lenovo, and OUII filed responses not opposing Google’s intervention. On September 4, 2020, the ALJ issued the subject ID granting the motion. The ID notes Commission Rule 210.19, which provides that ‘‘[a]ny person desiring to intervene in an investigation’’ may file a motion before the administrative law judge, who ‘‘may grant the motion to the extent and upon such terms as may be proper under the circumstances.’’ 19 CFR 210.19. The ID finds that no dispute exists that (1) ‘‘Google’s motion to intervene was timely, having been filed two days after the institution of the investigation’’; (2) ‘‘Google has an interest in infringement and invalidity issues regarding the ’706 patent’’; and (3) ‘‘Google’s interests are not adequately protected by the other parties in this investigation.’’ ID at 5. While Google seeks intervention only as to the ’706 patent, the ID finds that ‘‘the record does not support a limited intervention’’ and that ‘‘Google’s intervention may be useful with respect to all the patents, not only the ’706 patent.’’ Id. Thus, the ID adds Google to the investigation ‘‘as an intervenor without limitation.’’ Id. No one petitioned for review of the subject ID. The Commission has determined not to review the subject ID. Google is hereby an intervenor. The Commission vote for this determination took place on September 29, 2020. 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: September 29, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–21904 Filed 10–2–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1220] Certain Filament Light-Emitting Diodes and Products Containing Same (II); 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 SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 62761 August 31, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Regents of the University of California, Oakland, California. A supplement to the complaint was filed on September 21, 2020. 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 filament lightemitting diodes and products containing the same by reason of infringement of certain claims of U.S. Patent No. 9,240,529 (‘‘the ’529 patent’’); U.S. Patent No. 9,859,464 (‘‘the ’464 patent’’); U.S. Patent No. 10,593,854 (‘‘the ’854 patent’’); U.S. Patent No. 10,644,213 (‘‘the ’213 patent’’); and U.S. Patent No. 10,658,557 (‘‘the ’557 patent’’). The complaint further alleges that an industry in the United States exists or 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, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair Import Investigations, U.S. 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 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 29, 2020, Ordered That— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Pages 62760-62761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21904]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1208]


Certain Electronic Devices, Including Computers, Tablet 
Computers, and Components and Modules Thereof; Notice of a Commission 
Determination Not To Review an Initial Determination Granting a Motion 
by Google, LLC To Intervene in the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 5) of the presiding administrative 
law judge

[[Page 62761]]

(``ALJ''), granting a motion by Google, LLC of Mountain View, 
California (``Google'') to intervene in the investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, SW, 
Washington, DC 20436, telephone (202) 205-3179. 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 August 10, 2020, the Commission 
instituted this investigation based on a complaint filed by Nokia 
Technologies Oy and Nokia Corporation both of Espoo, Finland 
(collectively, ``Nokia''). 85 FR 48263-64 (Aug. 10, 2020). The 
complaint alleged violations of section 337 based on the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain electronic devices, 
including computers, tablet computers, and components and modules 
thereof by reason of infringement of certain claims of U.S. Patent Nos. 
8,144,764; 7,532,808; 6,950,469; 7,724,818; and 8,583,706 (``the '706 
patent''). Id. The Commission's notice of investigation named the 
following nine Lenovo entities as respondents: Lenovo (United States), 
Inc. of Morrisville, North Carolina; Lenovo Group Limited of Quarry 
Bay, Hong Kong; Lenovo (Beijing) Limited of Beijing, China; Lenovo 
(Shanghai) Electronics Technology Co. Ltd. of Shanghai, China; Lenovo 
PC HK Limited of Quarry Bay, Hong Kong; Lenovo Information Products 
Shenzhen Co. Ltd. of Shenzhen, China; Lenovo Mobile Communication of 
Wuhan, China; Lenovo Corporation of Wujiang, China; and Lenovo Centro 
Tecnologico S. de RL CV of Nuevo Leon, Mexico (collectively, 
``Lenovo''). Id. at 48264. The notice of investigation also named the 
Office of Unfair Import Investigations (``OUII'') as a party. Id.
    On August 12, 2020, Google filed a motion to intervene in this 
investigation as to the '706 patent, asserting that it has an interest 
in infringement and invalidity issues regarding that patent. On August 
24, 2020, Nokia, Lenovo, and OUII filed responses not opposing Google's 
intervention.
    On September 4, 2020, the ALJ issued the subject ID granting the 
motion. The ID notes Commission Rule 210.19, which provides that 
``[a]ny person desiring to intervene in an investigation'' may file a 
motion before the administrative law judge, who ``may grant the motion 
to the extent and upon such terms as may be proper under the 
circumstances.'' 19 CFR 210.19. The ID finds that no dispute exists 
that (1) ``Google's motion to intervene was timely, having been filed 
two days after the institution of the investigation''; (2) ``Google has 
an interest in infringement and invalidity issues regarding the '706 
patent''; and (3) ``Google's interests are not adequately protected by 
the other parties in this investigation.'' ID at 5. While Google seeks 
intervention only as to the '706 patent, the ID finds that ``the record 
does not support a limited intervention'' and that ``Google's 
intervention may be useful with respect to all the patents, not only 
the '706 patent.'' Id. Thus, the ID adds Google to the investigation 
``as an intervenor without limitation.'' Id. No one petitioned for 
review of the subject ID.
    The Commission has determined not to review the subject ID. Google 
is hereby an intervenor.
    The Commission vote for this determination took place on September 
29, 2020.
    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: September 29, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-21904 Filed 10-2-20; 8:45 am]
BILLING CODE 7020-02-P