Certain Active Optical Cables and Products Containing the Same; Institution of Investigation, 78361 [2020-26682]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Notices]
[Page 78361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26682]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1233]


Certain Active Optical Cables and Products Containing the Same; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 29, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Cosemi 
Technologies, Inc. of Irvine, California. A supplement to the complaint 
was filed on November 16, 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 active optical cables and products containing 
the same by reason of infringement of certain claims of U.S. Patent No. 
8,948,197 (``the '197 patent''), U.S. Patent No. 9,641,250 (``the '250 
patent''), U.S. Patent No. 9,971,115 (``the '115 patent''), and U.S. 
Patent No. 9,979,479 (``the '479 patent''). The complaint further 
alleges that an industry in the United States exists 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 
[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: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

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 November 30, 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 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 
claims 1, 5, 6, 13-15, and 19 of the '197 patent; claims 1-5, 8-10, and 
13 of the '250 patent; claims 1-6, 9, and 12-16 of the '115 patent, and 
claims 15, 18, and 25 of the '479 patent; and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (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 ``active optical data 
cables, including USB cables (USB A, A/C, C/C [USB and Display Port 
alt-mode variations], and A/micro-B [hybrid]), HDMI cables, and Display 
Port cables and products incorporating the same'';
    (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:

Cosemi Technologies, Inc., 1370 Reynolds Avenue, Suite 100, Irvine, CA 
92614

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

EverPro Technologies Company Ltd., #9 Guanggu Road, Wuhan, Hubei 
430073, China
Fibbr Technologies, #9 Optics Valley Avenue, East Lake Hi-tech 
Development Zone, Wuhan, Hubei 430073, China
Logitech Inc., 7700 Gateway Blvd., Newark, CA 94560
Facebook Technologies, LLC, 1 Hacker Way, Menlo Park, CA 94025

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    Responses to the 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 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 30, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020-26682 Filed 12-3-20; 8:45 am]
BILLING CODE 7020-02-P