Certain Capacitive Touch Sensing Systems, Capacitive Touch Sensing Controllers, Microcontrollers With Capacitive Touch Sensing Functionality, and Components Thereof; Institution of Investigation, 34277-34278 [2021-13789]

Download as PDF Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Notices TEXAS Harris County Hollyfield Laundry and Cleaners, 1731 Westheimer Rd., Houston, SG100006770 Nomination submitted by Federal Preservation Officer: The State Historic Preservation Officer reviewed the following nomination and responded to the Federal Preservation Officer within 45 days of receipt of the nomination and supports listing the property in the National Register of Historic Places. MISSOURI Jackson County Federal Office Building, 601 East 12th St., Kansas City, SG100006773 Authority: Section 60.13 of 36 CFR part 60. Dated: June 23, 2021. Sherry A. Frear, Chief, National Register of Historic Places/ National Historic Landmarks Program. [FR Doc. 2021–13825 Filed 6–28–21; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1268] Certain Capacitive Touch Sensing Systems, Capacitive Touch Sensing Controllers, Microcontrollers With Capacitive Touch Sensing Functionality, 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 May 24, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Neodron Ltd. of Ireland. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain capacitive touch sensing systems, capacitive touch sensing controllers, and microcontrollers with capacitive touch sensing functionality, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,432,173 (‘‘the ’173 patent’’); U.S. Patent No. 8,749,251 (‘‘the ’251 patent’’); U.S. Patent No. 9,372,580 (‘‘the ’580 patent’’); and U.S. Patent No. 9,024,790 (‘‘the ’790 patent’’). The complaint further alleges that an industry in the United States exists as required by the lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:06 Jun 28, 2021 Jkt 253001 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 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 complaint, the U.S. International Trade Commission, on June 23, 2021, 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 1–19 of the ’173 patent; claims 1–20 of the ’251 patent; claims 1, 2, 4–6, 8–10, and 12 of the ’580 patent; and claims 1, 4–8, 10–14, and 16–24 of the ’790 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 ‘‘capacitive touch sensing systems, capacitive touch PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 34277 sensing controllers, microcontrollers with capacitive touch sensing functionality and components thereof’’; (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); (4) 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: Neodron Ltd., Unit 4–5, Burton Hall Road, Sandyford, Dublin 18, D18A094, Ireland. (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: STMicroelectronics N.V., 39 Chemin du Champ-des-Filles, Plan-Les-Ouates, Geneva, CH 1228, Switzerland STMicroelectronics, Inc., 39 Chemin du Champ-des-Filles, Plan-Les-Ouates, Geneva, CH 1228, Switzerland STMicroelectronics (North America), Holding, Inc., 39 Chemin du Champdes-Filles, Plan-Les-Ouates, Geneva, CH 1228, Switzerland Cypress Semiconductor Corp., 198 Champion Court, San Jose, California 95134 Renesas Electronics Corp., Toyosu Foresia, 3–2–24 Toyosu, Koto-ku, Tokyo 135–0061, Japan Renesas Electronics America Inc., 1001 Murphy Ranch Road, Milpitas, CA 95035 Renesas Technology America, Inc., 1001 Murphy Ranch Road, Milpitas, CA 95035 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) 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 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 E:\FR\FM\29JNN1.SGM 29JNN1 34278 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Notices considered by the Commission if received not later than 20 days after the date of service 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: June 23, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–13789 Filed 6–28–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1175] Certain Bone Cements and Bone Cement Accessories; Notice of 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 (‘‘Commission’’) has determined to affirm a final initial determination (‘‘FID’’) issued by the presiding administrative law judge (‘‘ALJ’’) 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 EDIS3Help@usitc.gov. General lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:06 Jun 28, 2021 Jkt 253001 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 September 23, 2019, the Commission instituted this investigation based on a complaint filed on behalf of Zimmer, Inc. and Zimmer US, Inc. both of Warsaw, Indiana (collectively, ‘‘Complainants’’). 84 FR 49764 (Sept. 23, 2019). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on the importation or the sale within the United States of certain bone cements and bone cement accessories by reason of the misappropriation of trade secrets, false advertising, and tortious interference, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complaint also alleges the existence of a domestic industry. The Commission’s notice of investigation names the following as respondents: Heraeus Medical GmbH of Wehrheim, Germany and Heraeus Medical LLC of Yardley, Pennsylvania (collectively, ‘‘Respondents’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) is named as a party in this investigation. Id. On February 11, 2021, the ALJ issued the FID finding no violation of section 337. More particularly, the FID finds, inter alia, that: (1) The Commission has subject matter and personal jurisdiction; (2) Respondents imported or sold within the United States accused bone cements and bone cement accessories; (3) a domestic industry exists under section 337(a)(1)(A)(i) (19 U.S.C. 1337(a)(1)(A)(i)); (4) Complainants own the asserted trade secrets; (5) trade secrets (‘‘TS’’) 10, 15, and 28 are protectable, but TS 11 is not protectable; (6) Respondents did not misappropriate any asserted TS; (7) Respondents did not engage in false advertising; (8) Respondents did not tortiously interfere with Complainants’ contracts or prospective business relationships; and (9) Complainants failed to show a substantial injury or threat of injury to their domestic industry. On February 23, 2021, Complainants filed a petition for review seeking review of most of the FID’s findings. On March 3, 2021, Respondents and OUII filed responses to Complainants’ petition. On March 15, 2021, Respondents filed a submission on the public interest PO 00000 Frm 00084 Fmt 4703 Sfmt 9990 pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). Complainants and OUII did not file a statement on the public interest. The Commission received no submissions in response to its Federal Register notice calling for public interest comments. See 86 FR 12029–30 (Mar. 1, 2021). On April 12, 2021, the Commission determined to review the FID in part and requested briefing from the parties on certain issues under review. 86 FR 20200–02 (Apr. 16, 2021). Specifically, the Commission determined to review the FID’s findings and conclusions as to: (1) The alleged misappropriation of TS 10, 15, and 28, including the finding that Respondents independently developed their own data compilation; (2) Respondents’ alleged tortious interference with Complainants’ prospective business advantages; and (3) domestic industry and injury. Id. 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 FID, Complainants’ petition 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 affirms, with modified reasoning, the FID’s findings that Respondents did not misappropriate any trade secret, did not engage in false advertising, and did not tortiously interfere with Complainants’ prospective business relationships. The Commission has also determined to take no position regarding the FID’s domestic industry and injury findings. The investigation is hereby terminated. The Commission vote for this determination took place on June 23, 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: June 23, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–13791 Filed 6–28–21; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Pages 34277-34278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13789]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1268]


Certain Capacitive Touch Sensing Systems, Capacitive Touch 
Sensing Controllers, Microcontrollers With Capacitive Touch Sensing 
Functionality, 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 May 24, 2021, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Neodron Ltd. of 
Ireland. The complaint alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and/or 
the sale within the United States after importation of certain 
capacitive touch sensing systems, capacitive touch sensing controllers, 
and microcontrollers with capacitive touch sensing functionality, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 8,432,173 (``the '173 patent''); U.S. Patent No. 8,749,251 
(``the '251 patent''); U.S. Patent No. 9,372,580 (``the '580 patent''); 
and U.S. Patent No. 9,024,790 (``the '790 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: 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 complaint, the U.S. 
International Trade Commission, on June 23, 2021, 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 1-19 of the '173 patent; claims 1-20 of the '251 patent; claims 
1, 2, 4-6, 8-10, and 12 of the '580 patent; and claims 1, 4-8, 10-14, 
and 16-24 of the '790 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 ``capacitive touch 
sensing systems, capacitive touch sensing controllers, microcontrollers 
with capacitive touch sensing functionality and components thereof'';
    (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. l337(d)(l), 
(f)(1), (g)(1);
    (4) 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: Neodron Ltd., Unit 4-5, Burton Hall Road, 
Sandyford, Dublin 18, D18A094, Ireland.
    (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:

STMicroelectronics N.V., 39 Chemin du Champ-des-Filles, Plan-Les-
Ouates, Geneva, CH 1228, Switzerland
STMicroelectronics, Inc., 39 Chemin du Champ-des-Filles, Plan-Les-
Ouates, Geneva, CH 1228, Switzerland
STMicroelectronics (North America), Holding, Inc., 39 Chemin du Champ-
des-Filles, Plan-Les-Ouates, Geneva, CH 1228, Switzerland
Cypress Semiconductor Corp., 198 Champion Court, San Jose, California 
95134
Renesas Electronics Corp., Toyosu Foresia, 3-2-24 Toyosu, Koto-ku, 
Tokyo 135-0061, Japan
Renesas Electronics America Inc., 1001 Murphy Ranch Road, Milpitas, CA 
95035
Renesas Technology America, Inc., 1001 Murphy Ranch Road, Milpitas, CA 
95035

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) 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 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

[[Page 34278]]

considered by the Commission if received not later than 20 days after 
the date of service 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: June 23, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-13789 Filed 6-28-21; 8:45 am]
BILLING CODE 7020-02-P