Certain Digital Imaging Devices and Products Containing the Same and Components Thereof Institution of Investigation, 77238-77239 [2020-26467]
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77238
Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
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), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
considered by the Commission if
received not later than 20 days after the
date of service by the complainant 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: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020–26468 Filed 11–30–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1204]
Certain Chemical Mechanical
Planarization Slurries and Components
Thereof; Notice of a Commission
Determination Not To Review an Initial
Determination Granting Complainant’s
Motion To Amend the Complaint and
the Notice of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 8) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainant’s motion to amend
the complaint and the notice of
investigation to correct the name of the
complainant.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. 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 on (202)
205–1810.
SUPPLEMENTARY INFORMATION: On July 7,
2020, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based on a
complaint filed by Cabot
Microelectronics Corporation of Aurora,
Illinois (‘‘Cabot’’). 85 FR 40685–86 (Jul.
7, 2020). The complaint alleges a
violation 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 chemical mechanical
planarization slurries and components
thereof by reason of infringement of one
or more claims of U.S. Patent No.
9,499,721 (‘‘the ’721 patent’’). The
complaint also alleges the existence of
a domestic industry. The notice of
investigation names as respondents
DuPont de Nemours, Inc. of
Wilmington, Delaware; Rohm and Haas
Electronic Materials CMP Inc. of
Newark, Delaware; Rohm and Haas
Electronic Materials CMP Asia Inc. (d/
b/a Rohm and Haas Electronic Materials
CMP Asia Inc., Taiwan Branch (U.S.A.))
of Taoyuan City, Taiwan; Rohm and
Haas Electronic Materials Asia-Pacific
Co., Ltd. of Miaoli, Taiwan; Rohm and
Haas Electronic Materials K.K. of Tokyo,
Japan; and Rohm and Haas Electronic
Materials LLC of Marlborough,
Massachusetts. Id. at 40686. The
Commission’s Office of Unfair Import
Investigations is also named as a party
in this investigation. Id. Subsequently,
the Commission amended the complaint
and the notice of investigation to assert
infringement of additional claims of the
’721 patent. Order No. 7 (Oct. 1, 2020),
unreviewed by Notice (Oct. 19, 2020).
See 85 FR 67371–72 (Oct. 22, 2020).
On October 7, 2020, pursuant to 19
CFR 210.14(b)(1), Cabot filed a motion
for leave to ‘‘amend the Complaint and
the Notice of Institution of Investigation
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(‘NOI’) to change the name of
Complainant from Cabot
Microelectronics Corporation to CMC
Materials, Inc.’’ Mot. at 1. The motion
states that ‘‘[a]ll other parties stated that
they will not oppose this Motion.’’ Id.
No response was filed.
On November 10, 2020, the ALJ
issued the subject ID (Order No. 8)
granting complainant’s motion. The ID
finds that, based on the review of the
evidence, good cause exists to change
the name of the complainant from Cabot
Microelectronics Corporation to CMC
Materials, Inc. ID at 2. The ID further
finds that this amendment would not
prejudice the public interest or the
rights of the parties to the investigation.
Id. No party petitioned for review of the
ID.
The Commission has determined not
to review the subject ID.
The Commission vote for this
determination took place on November
24, 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: November 24, 2020.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2020–26398 Filed 11–30–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1231]
Certain Digital Imaging Devices and
Products Containing the Same and
Components Thereof 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 25, 2020, under section 337
of the Tariff Act of 1930, as amended,
on behalf of Pictos Technologies, Inc. of
San Jose, California. An amended
complaint was filed on October 23,
2020, and supplemented on November
13, 2020 and November 16, 2020. The
complaint, as amended, alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
SUMMARY:
E:\FR\FM\01DEN1.SGM
01DEN1
khammond on DSKJM1Z7X2PROD with NOTICES4
Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
the United States after importation of
certain digital imaging devices and
products containing the same and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 6,838,651 (‘‘the ’651 patent’’);
U.S. Patent No. 7,800,145 (‘‘the ’145
patent’’); U.S. Patent No. 7,064,768 (‘‘the
’768 patent’’); and U.S. Patent No.
7,323,671 (‘‘the ’671 patent’’); and that
an industry in the United States exists
as required by the applicable Federal
Statute. The amended complaint further
alleges violations of section 337 based
upon the importation into the United
States, or in the sale of certain digital
imaging devices and products
containing the same and components
thereof by reason of misappropriation of
trade secrets, the threat or effect of
which is to destroy or substantially
injure an industry in the United States.
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 amended 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 M. Proctor, The 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 amended complaint, the
U.S. International Trade Commission,
on November 24, 2020, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine:
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18:11 Nov 30, 2020
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(a) 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 claim 1–12 and 18 of the ’651
patent; claims 1 and 12 of the ’145
patent; claims 1, 2, 8, and 13 of the ’768
patent; and claims 1–26 of the ’671
patent, and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337;
(b) whether there is a violation of
subsection (a)(1)(A) of section 337 in the
importation, or in the sale of certain
products identified in paragraph (2) by
reason of misappropriation of trade
secrets, the threat or effect of which is
to destroy or substantially injure an
industry in the United States;
(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 ‘‘digital imaging sensors
and mobile phone handsets, tablet
computers, laptop computers, web
cameras, home monitoring cameras, and
digital cameras that contain those
sensors’’;
(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 complainant is: Pictos
Technologies, Inc, 109 Bonaventura
Drive, San Jose CA 95134.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the amended complaint is to be
served:
Samsung Electronics Co., Ltd., 129
Samseong-Ro, Yeongtong-Gu, Suwon,
Gyeonggi 16677, Republic of Korea
Samsung Electronics America, Inc., 85
Challenger Rd., Ridgefield Park, NJ
07660–2118
Samsung Semiconductor, Inc., 3655
North First Street, San Jose, CA
95134–1713
(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 amended complaint
and the notice of investigation must be
submitted by the named respondents in
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77239
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), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
considered by the Commission if
received not later than 20 days after the
date of service by the complainant of the
amended complaint and the notice of
investigation. Extensions of time for
submitting responses to the amended
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
amended 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 amended 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: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020–26467 Filed 11–30–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1216]
Certain Vacuum Insulated Flasks and
Components Thereof; Notice of a
Commission Determination Not To
Review an Initial Determination
Granting Complainants’ Motion To
Amend the Complaint and the Notice
of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 12) of the presiding chief
administrative law judge (‘‘CALJ’’)
granting complainants’ motion to amend
the complaint and the notice of
investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
SUMMARY:
E:\FR\FM\01DEN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77238-77239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26467]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1231]
Certain Digital Imaging Devices and Products Containing the Same
and Components Thereof 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 25, 2020, under
section 337 of the Tariff Act of 1930, as amended, on behalf of Pictos
Technologies, Inc. of San Jose, California. An amended complaint was
filed on October 23, 2020, and supplemented on November 13, 2020 and
November 16, 2020. The complaint, as amended, alleges violations of
section 337 based upon the importation into the United States, the sale
for importation, and the sale within
[[Page 77239]]
the United States after importation of certain digital imaging devices
and products containing the same and components thereof by reason of
infringement of certain claims of U.S. Patent No. 6,838,651 (``the '651
patent''); U.S. Patent No. 7,800,145 (``the '145 patent''); U.S. Patent
No. 7,064,768 (``the '768 patent''); and U.S. Patent No. 7,323,671
(``the '671 patent''); and that an industry in the United States exists
as required by the applicable Federal Statute. The amended complaint
further alleges violations of section 337 based upon the importation
into the United States, or in the sale of certain digital imaging
devices and products containing the same and components thereof by
reason of misappropriation of trade secrets, the threat or effect of
which is to destroy or substantially injure an industry in the United
States. 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 amended 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 [email protected]. 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 M. Proctor, The 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 amended complaint,
the U.S. International Trade Commission, on November 24, 2020, ordered
that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) 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 claim 1-12 and 18 of the '651 patent; claims 1 and 12
of the '145 patent; claims 1, 2, 8, and 13 of the '768 patent; and
claims 1-26 of the '671 patent, and whether an industry in the United
States exists as required by subsection (a)(2) of section 337;
(b) whether there is a violation of subsection (a)(1)(A) of section
337 in the importation, or in the sale of certain products identified
in paragraph (2) by reason of misappropriation of trade secrets, the
threat or effect of which is to destroy or substantially injure an
industry in the United States;
(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 ``digital imaging
sensors and mobile phone handsets, tablet computers, laptop computers,
web cameras, home monitoring cameras, and digital cameras that contain
those sensors'';
(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 complainant is: Pictos Technologies, Inc, 109 Bonaventura
Drive, San Jose CA 95134.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Samsung Electronics Co., Ltd., 129 Samseong-Ro, Yeongtong-Gu, Suwon,
Gyeonggi 16677, Republic of Korea
Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park,
NJ 07660-2118
Samsung Semiconductor, Inc., 3655 North First Street, San Jose, CA
95134-1713
(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 amended 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), as amended in 85 FR
15798 (March 19, 2020), such responses will be considered by the
Commission if received not later than 20 days after the date of service
by the complainant of the amended complaint and the notice of
investigation. Extensions of time for submitting responses to the
amended 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 amended 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 amended 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: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020-26467 Filed 11-30-20; 8:45 am]
BILLING CODE 7020-02-P
