Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Correcting the Notice of Investigation, 5249-5250 [2021-01083]

Download as PDF Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1153] Certain Bone Cements, Components Thereof and Products Containing the Same; Notice of Commission Determination Finding No Violation of Section 337; Termination of the Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to affirm in part, reverse in part, and vacate in part the final initial determination’s (‘‘ID’’) finding that no violation of section 337 has occurred. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3427. 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: The Commission instituted this investigation on April 10, 2019, based on a complaint filed by Heraeus Medical LLC of Yardley, Pennsylvania, and Heraeus Medical GmbH of Wehrheim, Germany (collectively, ‘‘Complainants’’). 84 FR 14394–95 (Apr. 10, 2019). The complaint alleges a violation of section 337 of the Tariff Act of 1930, as amended, 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 or to prevent the establishment of such an industry. The complaint named the following respondents: Zimmer Biomet Holdings, Inc. of Warsaw, Indiana; Biomet, Inc. of Warsaw, Indiana; Zimmer Orthopaedic Surgical Products, Inc. of Dover, Ohio; Zimmer Surgical, Inc. of Dover, Ohio; Biomet France S.A.R.L. of Valence, France; Biomet Deutschland GmbH of Berlin, Germany; Zimmer Biomet Deutschland GmbH of khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 Freiburg im Breisgau, Germany; Biomet Europe B.V. of Dordrecht, Netherlands; Biomet Global Supply Chain Center B.V. of Dordrecht, Netherlands; Zimmer Biomet Nederland B.V. of Dordrecht, Netherlands; Biomet Orthopedics, LLC of Warsaw, Indiana; and Biomet Orthopaedics Switzerland GmbH of Dietikon, Switzerland. The Commission’s Office of Unfair Import Investigations (‘‘OUII’’) also was named as a party. The investigation has terminated as to respondents Zimmer Orthopaedic Surgical Products, Inc. and Biomet Europe B.V., Order No. 10 (May 23, 2019), unreviewed, Notice (June 14, 2019), and as to certain accused products, Order No. 30 (Nov. 24, 2019), unreviewed, Notice (Dec. 10, 2019). Also, the first amended complaint and notice of investigation were amended to add three entities as respondents: Zimmer US, Inc.; Zimmer, GmbH; and Biomet Manufacturing, LLC. Order No. 18 (June 26, 2019), unreviewed, 84 FR 35884–85 (July 25, 2019). The remaining respondents are referred to collectively herein as ‘‘Zimmer Biomet.’’ On May 6, 2020, the presiding administrative law judge (‘‘ALJ’’) issued the final ID, which found that Zimmer Biomet did not violate section 337. On May 18, 2020, the parties filed petitions for review of the final ID. On July 13, 2020, the Commission determined to review in part the final ID and requested briefing from the parties on the issues under review. In particular, the Commission determined to review the following: (1) The ALJ’s findings and conclusions as to TS 1–35 and 121–23; and (2) the ALJ’s domestic industry findings, including whether there has been a substantial injury to the alleged domestic industry. The Commission also sought briefing from the parties, interested government agencies, and any other interested parties on remedy, bonding, and the public interest. Having examined the record of this investigation, including the final ID, the petitions for review, the responses thereto, and the written submissions in response to the Commission’s request for briefing, the Commission finds that no violation of section 337 has occurred. Specifically, the Commission finds that the Complainants did not establish that an industry in the United States exists as required by section 337(a)(1)(A)(i) and therefore did not establish injury to a domestic industry. The investigation is hereby terminated. The Commission vote for this determination took place on January 12, 2021. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 5249 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: January 12, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–00996 Filed 1–15–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1200] Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Correcting the Notice of Investigation 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. 33), granting the parties’ joint motion to amend the notice of institution of the investigation by clarifying that claims 2 and 4–5 of U.S. Patent No. 10,593,196 (‘‘the ’196 patent’’) are among the domestic industry claims but are not being asserted against any respondent for purposes of infringement. The notice of investigation is amended accordingly. 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 on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on May 22, 2020, based on a complaint SUMMARY: E:\FR\FM\19JAN1.SGM 19JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 5250 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices filed by Universal Electronics, Inc. (‘‘UEI’’) of Scottsdale, Arizona. 85 FR 31211–212 (May 22, 2020). The complaint, as supplemented, alleges violations 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 electronic devices, including streaming players, televisions, set top boxes, remote controllers, and components thereof, by reason of infringement of one of more of the asserted claims of the ’196 patent and U.S. Patent No. 7,696,514 (‘‘the ’514 patent’’); 9,911,325 (‘‘the ’325 patent’’); 7,589,642 (‘‘the ’642 patent’’); 10,600,317 (‘‘the ’317 patent’’); and 9,716,853 (‘‘the ’853 patent’’). Id. The complaint also alleges that a domestic industry exists. Id. The Commission’s notice of investigation named the following respondents: Roku Inc. of Los Gatos, California; TCL Electronics Holdings Ltd. of New Territories, Hong Kong; Shenzhen TCL New Technology Co. Ltd. of Shenzhen, China; TCL King Electrical Appliances Co. Ltd., Huizhou, China; TTE Technology Inc. of Corona, California; TCL Corp. of Huizhou City, China; TCL Moka Int’l Ltd. of New Territories, Hong Kong; TCL Overseas Marketing Ltd. of New Territories, Hong Kong; TCL Industries Holdings Co., Ltd. of New Territories, Hong Kong; TCL Smart Device Co. of Bac Tan Uyen District, Vietnam; Hisense Co. Ltd. of Qingdao, China; Hisense Electronics Manufacturing Co. of America Corp. of Suwanee, Georgia; Hisense Import & Export Co. Ltd. of Qingdao, China; Qingdao Hisense Electric Co., Ltd. of Qingdao, China; Hisense International Co., Ltd. of Shen Wang, Hong Kong; Funai Electric Co., Ltd. of Osaka, Japan; Funai Corp. Inc. of Rutherford, New Jersey; and Funai Co., Ltd. of Nakhon Ratchasima, Thailand (collectively, ‘‘Respondents’’). Id. The Office of Unfair Import Investigations is not participating in this investigation. Id. The Commission previously terminated the investigation with respect to the ’853 patent, claims 19 and 20 of the ’196 patent, and claims 14 and 20 of the ’642 patent due to the withdrawal of those patent claims. Order No. 27 at 1 (Dec. 2, 2020), unreviewed by Comm’n Notice (Dec. 23, 2020). The Commission subsequently terminated the investigation with respect to claim 20 of the ’514 patent. Order No. 32 (Dec. 21, 2020), unreviewed by Comm’n Notice (Jan. 5, 2021). On December 29, 2020, the presiding administrative law judge issued the subject ID (Order No. 33), granting a VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 joint motion by UEI and Respondents to correct the notice of institution of the investigation by clarifying that claims 2 and 4–5 of the ’196 patent are domestic industry claims only and are not being asserted against any Respondent for purposes of infringement. No petition for review of the subject ID was filed. The Commission has determined not to review the subject ID. The notice of institution of the investigation is corrected accordingly. The Commission vote for this determination took place on January 13, 2021. 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: January 13, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–01083 Filed 1–15–21; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Medical CBRN Defense Consortium Notice is hereby given that, on January 8, 2021, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Medical CBRN Defense Consortium (‘‘MCDC’’) 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, Aldevron, LLC, Fargo, ND; Applied Nanotech, Inc., Austin, TX; Clark Street Associates, Los Altos, CA; Encryptor, Inc., Plano, TX; Entasis Therapeutics, Waltham, MA; ImmunityBio, Inc., El Segundo, CA; Polaris Sensor Technologies, Huntsville, AL; Qorvo Biotechnologies, LLC, Bend, OR; Rigel Pharmaceuticals, San Francisco, CA; SafetySpect, Inc., Los Angeles, CA; and Somnio Global, LLC, Novi, MI have been added as parties to this venture. Also, 7 Hills Pharma, LLC, Houston, TX; ARMSTEL, Inc., Plano, TX; Captura PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 Biopharma, Inc., Little Rock, AR; Chenega Reliable Services, LLC, San Antonio, TX; Data Intelligence Technologies, Inc., Arlington, VA; DEFTEC Corporation, Huntsville, AL; HDT Bio Corporation, Seattle, WA; MAE Group, LLC, Deerfield, NH; Metabiota, Inc., San Francisco, CA; Microscale Devices, LLC, Apex, NC; One Health Group, LLC, Chantilly, VA; Pathology Assist-Temp, Inc., Chantilly, VA; Peregrine Technical Solutions, LLC, Yorktown, VA; Profectus BioSciences, Inc., Baltimore, MD; TensorX, Inc., Vienna, VA and the University of Michigan, Ann Arbor, MI have withdrawn as parties 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 MCDC intends to file additional written notifications disclosing all changes in membership. On November 13, 2015, MCDC 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 January 6, 2016 (81 FR 513). The last notification was filed with the Department on October 20, 2020. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on November 20, 2020 (85 FR 74386). Suzanne Morris, Chief, Premerger and Division Statistics, Antitrust Division. [FR Doc. 2021–01051 Filed 1–15–21; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Countering Weapons of Mass Destruction Notice is hereby given that, on January 7, 2021, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Countering Weapons of Mass Destruction (‘‘CWMD’’) 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. E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5249-5250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01083]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1200]


Certain Electronic Devices, Including Streaming Players, 
Televisions, Set Top Boxes, Remote Controllers, and Components Thereof; 
Notice of a Commission Determination Not To Review an Initial 
Determination Correcting the Notice of Investigation

AGENCY: 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. 33), granting the parties' joint 
motion to amend the notice of institution of the investigation by 
clarifying that claims 2 and 4-5 of U.S. Patent No. 10,593,196 (``the 
'196 patent'') are among the domestic industry claims but are not being 
asserted against any respondent for purposes of infringement. The 
notice of investigation is amended accordingly.

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 
[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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 22, 2020, based on a complaint

[[Page 5250]]

filed by Universal Electronics, Inc. (``UEI'') of Scottsdale, Arizona. 
85 FR 31211-212 (May 22, 2020). The complaint, as supplemented, alleges 
violations 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 electronic devices, including streaming players, 
televisions, set top boxes, remote controllers, and components thereof, 
by reason of infringement of one of more of the asserted claims of the 
'196 patent and U.S. Patent No. 7,696,514 (``the '514 patent''); 
9,911,325 (``the '325 patent''); 7,589,642 (``the '642 patent''); 
10,600,317 (``the '317 patent''); and 9,716,853 (``the '853 patent''). 
Id. The complaint also alleges that a domestic industry exists. Id. The 
Commission's notice of investigation named the following respondents: 
Roku Inc. of Los Gatos, California; TCL Electronics Holdings Ltd. of 
New Territories, Hong Kong; Shenzhen TCL New Technology Co. Ltd. of 
Shenzhen, China; TCL King Electrical Appliances Co. Ltd., Huizhou, 
China; TTE Technology Inc. of Corona, California; TCL Corp. of Huizhou 
City, China; TCL Moka Int'l Ltd. of New Territories, Hong Kong; TCL 
Overseas Marketing Ltd. of New Territories, Hong Kong; TCL Industries 
Holdings Co., Ltd. of New Territories, Hong Kong; TCL Smart Device Co. 
of Bac Tan Uyen District, Vietnam; Hisense Co. Ltd. of Qingdao, China; 
Hisense Electronics Manufacturing Co. of America Corp. of Suwanee, 
Georgia; Hisense Import & Export Co. Ltd. of Qingdao, China; Qingdao 
Hisense Electric Co., Ltd. of Qingdao, China; Hisense International 
Co., Ltd. of Shen Wang, Hong Kong; Funai Electric Co., Ltd. of Osaka, 
Japan; Funai Corp. Inc. of Rutherford, New Jersey; and Funai Co., Ltd. 
of Nakhon Ratchasima, Thailand (collectively, ``Respondents''). Id. The 
Office of Unfair Import Investigations is not participating in this 
investigation. Id.
    The Commission previously terminated the investigation with respect 
to the '853 patent, claims 19 and 20 of the '196 patent, and claims 14 
and 20 of the '642 patent due to the withdrawal of those patent claims. 
Order No. 27 at 1 (Dec. 2, 2020), unreviewed by Comm'n Notice (Dec. 23, 
2020). The Commission subsequently terminated the investigation with 
respect to claim 20 of the '514 patent. Order No. 32 (Dec. 21, 2020), 
unreviewed by Comm'n Notice (Jan. 5, 2021).
    On December 29, 2020, the presiding administrative law judge issued 
the subject ID (Order No. 33), granting a joint motion by UEI and 
Respondents to correct the notice of institution of the investigation 
by clarifying that claims 2 and 4-5 of the '196 patent are domestic 
industry claims only and are not being asserted against any Respondent 
for purposes of infringement.
    No petition for review of the subject ID was filed.
    The Commission has determined not to review the subject ID. The 
notice of institution of the investigation is corrected accordingly.
    The Commission vote for this determination took place on January 
13, 2021.
    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: January 13, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-01083 Filed 1-15-21; 8:45 am]
BILLING CODE 7020-02-P