Certain High-Density Fiber Optic Equipment and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 43564-43566 [2021-16897]
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43564
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Notices
1004–0185 is currently scheduled to
expire on December 31, 2021. This
request is for OMB to renew this OMB
control number for an additional three
years.
There are no program or policy
changes proposed with this renewal
request. However, the BLM is projecting
that the estimated burden for this OMB
control number will be adjusted
downward. The BLM plans to request a
reduction of approximately 5,241
annual burden hours (from 42,936 to
37,695) and $2,526,933 annual non-hour
burden cost (from $3,278,348 to
$751,415). These adjustments are a
result of a projected reduction in the
number of respondents to the
collections of information under OMB
control number 1004–0185 (from 19,711
to 9,131).
Title of Collection: Onshore Oil and
Gas Leasing, and Drainage Protection
(43 CFR parts 3100, 3120, and 3150, and
subpart 3162).
OMB Control Number: 1004–0185.
Form Numbers: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public: Holders
of onshore oil and gas lease and public
lands and Indian lands (except on the
Osage Reservation), operators of such
leases, and holders of operating rights
on such leases.
Total Estimated Number of Annual
Respondents: 9,131.
Total Estimated Number of Annual
Responses: 9,132.
Estimated Completion Time per
Response: Varies from 1 hour to 24
hours per response, depending on
activity.
Total Estimated Number of Annual
Burden Hours: 37,695.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: ‘On
occasion,’ except for the activity titled
‘‘Option statement,’’ which is required
twice a year.
Total Estimated Annual Non-hour
Burden Cost: $751,415.
An agency may not conduct or
sponsor and, notwithstanding any other
provision of law, a person is not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Darrin A. King,
Information Collection Clearance Officer.
[FR Doc. 2021–16875 Filed 8–6–21; 8:45 am]
BILLING CODE 4310–84–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1194]
Certain High-Density Fiber Optic
Equipment and Components Thereof;
Commission’s Final Determination
Finding a Violation of Section 337;
Issuance of a General Exclusion Order
and Cease and Desist Orders;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found a violation of
section 337 of the Tariff Act of 1930, as
amended, in this investigation and has
issued a general exclusion order
prohibiting the importation of infringing
high-density fiber optic equipment and
components thereof and cease and
desist orders directed against
Respondents Leviton Manufacturing
Co., Inc. (‘‘Leviton’’), Panduit
Corporation (‘‘Panduit’’), and FS.com
Inc. (‘‘FS’’).
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, 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: The
Commission instituted this investigation
on March 24, 2020, based on a
complaint filed on behalf of Corning
Optical Communications LLC
(‘‘Corning’’) of Charlotte, North
Carolina. 85 FR 16653 (Mar. 24, 2020).
The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain high-density fiber
optic equipment and components
thereof by reason of infringement of
certain claims of U.S. Patent Nos.
9,020,320 (‘‘the ’320 patent’’);
SUMMARY:
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10,120,153 (‘‘the ’153 patent’’);
8,712,206 (‘‘the ’206 patent’’);
10,094,996 (‘‘the ’996 patent’’); and
10,444,456 (‘‘the ’456 patent’’). Id. The
complaint further alleged that a
domestic industry exists. Id. The
Commission’s notice of investigation
named the following as respondents:
Total Cable Solutions, Inc. (‘‘TCS’’) of
Springboro, Ohio; Legrand North
America, LLC (‘‘Legrand’’) of West
Hartford, Connecticut; AFL
Telecommunications Holdings LLC
(‘‘AFL Holdings’’) of Duncan, South
Carolina; Huber+Suhner AG of Herisau,
Switzerland; Huber + Suhner, Inc. of
Charlotte, North Carolina; Shenzhen
Anfkom Telecom Co., Ltd. d/b/a
Anfkom Telecom (‘‘Anfkom’’) of
Shenzhen, China; Shanghai TARLUZ
Telecom Tech. Co., Ltd. d/b/a TARLUZ
(‘‘TARLUZ’’) of Shanghai, China; Wulei
Technology Co., Ltd. d/b/a Bonelinks
(‘‘Wulei Bonelinks’’) of Shenzhen,
China; FS of New Castle, Delaware;
Leviton of Melville, New York; Panduit
of Tinley, Illinois; The LAN Wirewerks
Research Laboratories Inc. d/b/a
Wirewerks (‘‘Wirewerks’’) of Quebec,
Canada; and The Siemon Company
(‘‘Siemon’’) of Watertown, Connecticut.
Id. The notice of investigation also
named the Office of Unfair Import
Investigations (‘‘OUII’’) as a party. Id. at
16654.
Respondent Legrand was terminated
from the investigation based on
withdrawal of the allegations in the
complaint pursuant to Commission Rule
210.21(a), 19 CFR 210.21(a). See Order
No. 5 (Apr. 16, 2020); unreviewed by
Comm’n Notice (May 7, 2020). The
complaint and notice of investigation
were amended to substitute AFL
Telecommunications LLC for
respondent AFL Holdings. 85 FR 44923
(July 24, 2020). Thereafter, Respondent
AFL Telecommunications LLC was
terminated from the investigation based
on a settlement agreement. See Order
No. 27 (Oct. 20, 2020), unreviewed by
Comm’n Notice (Nov. 2, 2020).
Respondents Huber+Suhner AG, Huber
+ Suhner, Inc., Anfkom, TARLUZ, and
Wulei Bonelinks (collectively,
‘‘Defaulting Respondents’’) were found
in default pursuant to Commission Rule
210.16, 19 CFR 210.16. See Order Nos.
7 & 8 (June 9, 2020), unreviewed by
Comm’n Notice (June 22, 2020); Order
No. 13 (Aug. 21, 2020), unreviewed by
Comm’n Notice (Sep. 15, 2020).
Respondent TCS was terminated from
the investigation based on a consent
order. See Comm’n Notice (Sept. 28,
2020). Accordingly, Respondents
Panduit, Leviton, Siemon, FS, and
Wirewerks (collectively, ‘‘Active
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Respondents’’) remain active in the
investigation.
As a result of termination of all
asserted claims of the ’996 patent and
certain other asserted claims, see Order
No. 11 (July 29, 2020), unreviewed by
Comm’n Notice (Aug. 13, 2020); Order
No. 18 (Sept. 14, 2020), unreviewed by
Comm’n Notice (Oct. 14, 2020); and
Order No. 19 (Oct. 2, 2020), unreviewed
by Comm’n Notice (Oct. 27, 2020),
claims 1 and 3 of the ’320 patent; claims
11, 12, 14–16, 19, 21, 27, and 28 of the
’456 patent; claims 9, 16, 23, and 26 of
the ’153 patent; and claims 22 and 23 of
the ’206 patent remain asserted in the
investigation.
A prehearing conference and
evidentiary hearing were held in this
investigation from October 21–26, 2020.
On March 23, 2021, the
administrative law judge (‘‘ALJ’’) issued
a final initial determination (‘‘ID’’),
finding a violation of section 337 with
respect to claims 1 and 3 of the ’320
patent; claims 11, 12, 14–16, 19, 21, 27,
and 28 of the ’456 patent; claims 9, 16,
23, and 26 of the ’153 patent; and claims
22 and 23 of the ’206 patent. The ALJ
also issued a Recommended
Determination on Remedy and Bonding
(‘‘RD’’). The RD recommends that
should the Commission find a violation
of section 337, that the Commission
issue a general exclusion order, cease
and desist orders, and impose a bond
during the period of Presidential review.
On April 5, 2021, OUII and
Respondent Leviton each filed a petition
for review of the ID. That same day,
Respondents FS, Panduit, Wirewerks,
and Siemon (collectively, ‘‘Joint
Respondents’’) also filed a joint petition
for review. On April 13, 2021, OUII,
Leviton, and Corning each filed a
response to the petitions.
On May 24, 2021, the Commission
determined to review the ID in part.
Notice at 3–6 (May 24, 2021) (‘‘Notice of
Review’’), published at 86 FR 28890–
893 (May 28, 2021). Specifically, the
Commission determined to review: (1)
The ID’s finding that the importation
requirement of section 337 is met with
respect to the accused products of
Respondents Leviton, Panduit, and
Siemon; (2) the ID’s interpretation of the
‘‘width of the front side of [the] fiber
optic module’’ limitation in the asserted
claims of the ’456 patent, and the
associated infringement findings; (3) the
ID’s construction of ‘‘a front opening’’ in
the asserted claims of the ’206 patent,
and the associated infringement
findings; (4) the ID’s finding that
Leviton directly infringes the asserted
claims of the ’320 and ’456 patents; (5)
the ID’s findings on indirect
infringement of the asserted claims of
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the ’320, ’456, and/or ’153 patents by
Respondents Leviton, Panduit, FS, and
Siemon; and (6) the ID’s finding that
Corning has satisfied the economic
prong of the domestic industry
requirement under section 337(a)(3)(B)
and (C). The Commission solicited
briefing on remedy, the public interest,
and bonding, as well as on specific
issues concerning importation,
infringement, and the domestic industry
requirement.
On June 7, 2021, the parties filed
initial submissions in response to the
Commission’s Notice of Review. On
June 14, 2021, the parties filed replies
to each other’s submissions. In addition,
the Commission received comments
from the parties on the public interest
pursuant to Commission Rule
210.50(a)(4), 19 CFR 210.50(a)(4). The
Commission also received comments
from Defaulting Respondents
Huber+Suhner AG and Huber + Suhner,
Inc. in response to the Commission’s
notice soliciting public interest
comments, 86 FR 22067–68 (Apr. 26,
2021).
Having reviewed the record of the
investigation, including the final ID and
the parties’ submissions, the
Commission has found a violation of
section 337 as to claims 1 and 3 of the
’320 patent; claims 11, 12, 14–16, 19, 21,
27, and 28 of the ’456 patent; claims 9,
16, 23, and 26 of the ’153 patent; and
claims 22 and 23 of the ’206 patent.
Specifically, the Commission affirms
with modifications the ID’s finding that
Respondents Leviton, Panduit, and
Siemon satisfy the importation
requirement. FS and Wirewerks did not
contest importation before the ALJ. With
regard to claim construction, the
Commission determines to: (1) Adopt
OUII’s proposed construction for the
‘‘width of the front side of [the] fiber
optic module’’ limitation in claims 12
and 28 of the ’456 patent and find that
the accused products meet this
limitation under the proper
construction; and (2) adopt Corning’s
proposed construction for the ‘‘front
opening’’ limitation in the asserted
claims of the ’206 patent and find that
the accused products meet this
limitation under the proper
construction. The Commission affirms
with modifications the ID’s finding that
the imported article(s) of Respondents
Panduit, Siemon, and FS are
respectively used by their customers to
directly infringe the asserted claims of
the ’320, ’456, and ’153 patents at their
inducement, and the imported articles
of Respondent Leviton are used by its
customers to directly infringe the
asserted claims of the ’320 and ’456
patents at Leviton’s inducement.
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43565
Further, the Commission affirms the
ID’s finding of no contributory
infringement by Respondents Leviton,
Panduit, and Siemon, and takes no
position on the ID’s finding of no
contributory infringement by FS. Still
further, the Commission takes no
position on the ID’s finding that Leviton
directly infringes the asserted claims of
the ’320 and ’456 patents. Finally, the
Commission affirms with modifications
the ID’s finding that Corning has
satisfied the economic prong of the
domestic industry requirement under
section 337(a)(3).
The Commission has determined that
the appropriate remedy is: (1) A general
exclusion order prohibiting the entry of
infringing high-density fiber optic
equipment and components thereof; and
(2) cease and desist orders directed to
Respondents Leviton, Panduit, and FS.
The Commission has determined that
the public interest factors do not
preclude issuance of the general
exclusion order or the cease and desist
orders. The Commission has determined
that a bond as set forth in the orders is
required during the period of
Presidential review. 19 U.S.C. 1337(j)(3).
The investigation is terminated. The
Commission’s reasoning in support of
its determinations is set forth more fully
in its opinion. The Commission’s orders
and opinion were delivered to the
President and the United States Trade
Representative on the day of their
issuance.
The Commission vote for this
determination took place on August 3,
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.
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
not able to serve parties that have not
retained counsel or otherwise provided
a point of contact for electronic service.
Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR
201.16(a), 210.7(a)(1)), the Commission
orders that the Complainant complete
service for any party/parties without a
method of electronic service noted on
the attached Certificate of Service and
shall file proof of service on the
Electronic Document Information
System (EDIS).
By order of the Commission.
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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Notices
Issued: August 3, 2021.
Lisa Barton,
Secretary to the Commission.
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
[FR Doc. 2021–16897 Filed 8–6–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–NEW]
Agency Information Collection
Activities; Proposed eCollection of
eComments Requested; New
Information Collection; Authorization
for Release of Information—ATF Form
8620.56
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 30-Day notice.
AGENCY:
The Bureau of Alcohol,
Tobacco, Firearms and Explosives
(ATF), Department of Justice (DOJ) will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for an additional 30
days until September 8, 2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
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SUMMARY:
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Overview of This Information
Collection
Type of Information Collection: New
collection.
The Title of the Form/Collection:
Authorization for Release of
Information.
The agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
Form number: ATF Form 8620.56.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
Affected public who will be asked or
required to respond, as well as a brief
abstract:
Primary: Individuals or households.
Other: None.
Abstract: The Authorization for
Release of Information—ATF Form
8620.56 will be used to determine if a
candidate complies with personnel
security requirements and is suitable for
Federal or contractor employment at the
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF).
An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 2,000
respondents will use the form annually,
and it will take each respondent
approximately 5 minutes to complete
their responses.
An estimate of the total public burden
(in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
167 hours, which is equal to 2,000 (# of
respondents) * .0833333 (5 minutes).
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, Mail Stop
3E.405A, Washington, DC 20530.
Dated: August 3, 2021.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2021–16876 Filed 8–6–21; 8:45 am]
BILLING CODE 4410–14–P
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On August 2, 2021, the Department of
Justice lodged a proposed consent
decree with the United States District
Court for the Western District of
Pennsylvania in the lawsuit entitled
United States and Pennsylvania
Department of Environmental
Protection v. Libertas Copper, LLC,
d/b/a Hussey Copper, Civil Action No.
2:21–cv–01016–WSS.
This is a civil action brought by the
United States, on behalf of the U.S.
Environmental Protection Agency, and
the Commonwealth of Pennsylvania,
Department of Environmental Protection
(‘‘PADEP’’), against Defendant Libertas
Copper, LLC, d/b/a Hussey Copper,
alleging violations of the Clean Water
Act, the Pennsylvania Clean Streams
Law, and Defendant’s National Pollutant
Discharge Elimination System permit.
The complaint alleges that, between
2011 and the present, Libertas Copper
discharged wastewater and storm water
that caused oil sheens and contained
pollutants—including copper,
chromium, nickel, oil and grease, lead,
pH, total suspended solids, and zinc—
from its Leetsdale, Pennsylvania,
copper-smelting facility to the Ohio
River in violation of federal and state
law.
Under the proposed Consent Decree,
Libertas Copper would be required to
implement significant measures
designed to prevent future violations.
These include the development and
implementation of operational
documents and a maintenance program
designed to ensure effective collection,
pretreatment, and treatment of
wastewater; a third-party environmental
audit; ongoing internal environmental
inspections; violation response
requirements; training; and auditing and
implementation of an environmental
management system. In addition,
Defendant will pay a civil penalty of
$861,500, to be split evenly between the
United States and PADEP.
The publication of this notice opens
a period for public comment on the
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States and Pennsylvania
Department of Environmental
Protection v. Libertas Copper, LLC, d/b/
a Hussey Copper, D.J. Ref. No. 90–5–1–
1–12068. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
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]]>Agencies
[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43564-43566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16897]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1194]
Certain High-Density Fiber Optic Equipment and Components
Thereof; Commission's Final Determination Finding a Violation of
Section 337; Issuance of a General Exclusion Order and Cease and Desist
Orders; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found a violation of section 337 of the Tariff Act of
1930, as amended, in this investigation and has issued a general
exclusion order prohibiting the importation of infringing high-density
fiber optic equipment and components thereof and cease and desist
orders directed against Respondents Leviton Manufacturing Co., Inc.
(``Leviton''), Panduit Corporation (``Panduit''), and FS.com Inc.
(``FS'').
FOR FURTHER INFORMATION CONTACT: Cathy Chen, 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
[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 March 24, 2020, based on a complaint filed on behalf of Corning
Optical Communications LLC (``Corning'') of Charlotte, North Carolina.
85 FR 16653 (Mar. 24, 2020). The complaint, as supplemented, alleged
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain high-density fiber optic equipment and components thereof by
reason of infringement of certain claims of U.S. Patent Nos. 9,020,320
(``the '320 patent''); 10,120,153 (``the '153 patent''); 8,712,206
(``the '206 patent''); 10,094,996 (``the '996 patent''); and 10,444,456
(``the '456 patent''). Id. The complaint further alleged that a
domestic industry exists. Id. The Commission's notice of investigation
named the following as respondents: Total Cable Solutions, Inc.
(``TCS'') of Springboro, Ohio; Legrand North America, LLC (``Legrand'')
of West Hartford, Connecticut; AFL Telecommunications Holdings LLC
(``AFL Holdings'') of Duncan, South Carolina; Huber+Suhner AG of
Herisau, Switzerland; Huber + Suhner, Inc. of Charlotte, North
Carolina; Shenzhen Anfkom Telecom Co., Ltd. d/b/a Anfkom Telecom
(``Anfkom'') of Shenzhen, China; Shanghai TARLUZ Telecom Tech. Co.,
Ltd. d/b/a TARLUZ (``TARLUZ'') of Shanghai, China; Wulei Technology
Co., Ltd. d/b/a Bonelinks (``Wulei Bonelinks'') of Shenzhen, China; FS
of New Castle, Delaware; Leviton of Melville, New York; Panduit of
Tinley, Illinois; The LAN Wirewerks Research Laboratories Inc. d/b/a
Wirewerks (``Wirewerks'') of Quebec, Canada; and The Siemon Company
(``Siemon'') of Watertown, Connecticut. Id. The notice of investigation
also named the Office of Unfair Import Investigations (``OUII'') as a
party. Id. at 16654.
Respondent Legrand was terminated from the investigation based on
withdrawal of the allegations in the complaint pursuant to Commission
Rule 210.21(a), 19 CFR 210.21(a). See Order No. 5 (Apr. 16, 2020);
unreviewed by Comm'n Notice (May 7, 2020). The complaint and notice of
investigation were amended to substitute AFL Telecommunications LLC for
respondent AFL Holdings. 85 FR 44923 (July 24, 2020). Thereafter,
Respondent AFL Telecommunications LLC was terminated from the
investigation based on a settlement agreement. See Order No. 27 (Oct.
20, 2020), unreviewed by Comm'n Notice (Nov. 2, 2020). Respondents
Huber+Suhner AG, Huber + Suhner, Inc., Anfkom, TARLUZ, and Wulei
Bonelinks (collectively, ``Defaulting Respondents'') were found in
default pursuant to Commission Rule 210.16, 19 CFR 210.16. See Order
Nos. 7 & 8 (June 9, 2020), unreviewed by Comm'n Notice (June 22, 2020);
Order No. 13 (Aug. 21, 2020), unreviewed by Comm'n Notice (Sep. 15,
2020). Respondent TCS was terminated from the investigation based on a
consent order. See Comm'n Notice (Sept. 28, 2020). Accordingly,
Respondents Panduit, Leviton, Siemon, FS, and Wirewerks (collectively,
``Active
[[Page 43565]]
Respondents'') remain active in the investigation.
As a result of termination of all asserted claims of the '996
patent and certain other asserted claims, see Order No. 11 (July 29,
2020), unreviewed by Comm'n Notice (Aug. 13, 2020); Order No. 18 (Sept.
14, 2020), unreviewed by Comm'n Notice (Oct. 14, 2020); and Order No.
19 (Oct. 2, 2020), unreviewed by Comm'n Notice (Oct. 27, 2020), claims
1 and 3 of the '320 patent; claims 11, 12, 14-16, 19, 21, 27, and 28 of
the '456 patent; claims 9, 16, 23, and 26 of the '153 patent; and
claims 22 and 23 of the '206 patent remain asserted in the
investigation.
A prehearing conference and evidentiary hearing were held in this
investigation from October 21-26, 2020.
On March 23, 2021, the administrative law judge (``ALJ'') issued a
final initial determination (``ID''), finding a violation of section
337 with respect to claims 1 and 3 of the '320 patent; claims 11, 12,
14-16, 19, 21, 27, and 28 of the '456 patent; claims 9, 16, 23, and 26
of the '153 patent; and claims 22 and 23 of the '206 patent. The ALJ
also issued a Recommended Determination on Remedy and Bonding (``RD'').
The RD recommends that should the Commission find a violation of
section 337, that the Commission issue a general exclusion order, cease
and desist orders, and impose a bond during the period of Presidential
review.
On April 5, 2021, OUII and Respondent Leviton each filed a petition
for review of the ID. That same day, Respondents FS, Panduit,
Wirewerks, and Siemon (collectively, ``Joint Respondents'') also filed
a joint petition for review. On April 13, 2021, OUII, Leviton, and
Corning each filed a response to the petitions.
On May 24, 2021, the Commission determined to review the ID in
part. Notice at 3-6 (May 24, 2021) (``Notice of Review''), published at
86 FR 28890-893 (May 28, 2021). Specifically, the Commission determined
to review: (1) The ID's finding that the importation requirement of
section 337 is met with respect to the accused products of Respondents
Leviton, Panduit, and Siemon; (2) the ID's interpretation of the
``width of the front side of [the] fiber optic module'' limitation in
the asserted claims of the '456 patent, and the associated infringement
findings; (3) the ID's construction of ``a front opening'' in the
asserted claims of the '206 patent, and the associated infringement
findings; (4) the ID's finding that Leviton directly infringes the
asserted claims of the '320 and '456 patents; (5) the ID's findings on
indirect infringement of the asserted claims of the '320, '456, and/or
'153 patents by Respondents Leviton, Panduit, FS, and Siemon; and (6)
the ID's finding that Corning has satisfied the economic prong of the
domestic industry requirement under section 337(a)(3)(B) and (C). The
Commission solicited briefing on remedy, the public interest, and
bonding, as well as on specific issues concerning importation,
infringement, and the domestic industry requirement.
On June 7, 2021, the parties filed initial submissions in response
to the Commission's Notice of Review. On June 14, 2021, the parties
filed replies to each other's submissions. In addition, the Commission
received comments from the parties on the public interest pursuant to
Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4). The Commission also
received comments from Defaulting Respondents Huber+Suhner AG and Huber
+ Suhner, Inc. in response to the Commission's notice soliciting public
interest comments, 86 FR 22067-68 (Apr. 26, 2021).
Having reviewed the record of the investigation, including the
final ID and the parties' submissions, the Commission has found a
violation of section 337 as to claims 1 and 3 of the '320 patent;
claims 11, 12, 14-16, 19, 21, 27, and 28 of the '456 patent; claims 9,
16, 23, and 26 of the '153 patent; and claims 22 and 23 of the '206
patent. Specifically, the Commission affirms with modifications the
ID's finding that Respondents Leviton, Panduit, and Siemon satisfy the
importation requirement. FS and Wirewerks did not contest importation
before the ALJ. With regard to claim construction, the Commission
determines to: (1) Adopt OUII's proposed construction for the ``width
of the front side of [the] fiber optic module'' limitation in claims 12
and 28 of the '456 patent and find that the accused products meet this
limitation under the proper construction; and (2) adopt Corning's
proposed construction for the ``front opening'' limitation in the
asserted claims of the '206 patent and find that the accused products
meet this limitation under the proper construction. The Commission
affirms with modifications the ID's finding that the imported
article(s) of Respondents Panduit, Siemon, and FS are respectively used
by their customers to directly infringe the asserted claims of the
'320, '456, and '153 patents at their inducement, and the imported
articles of Respondent Leviton are used by its customers to directly
infringe the asserted claims of the '320 and '456 patents at Leviton's
inducement. Further, the Commission affirms the ID's finding of no
contributory infringement by Respondents Leviton, Panduit, and Siemon,
and takes no position on the ID's finding of no contributory
infringement by FS. Still further, the Commission takes no position on
the ID's finding that Leviton directly infringes the asserted claims of
the '320 and '456 patents. Finally, the Commission affirms with
modifications the ID's finding that Corning has satisfied the economic
prong of the domestic industry requirement under section 337(a)(3).
The Commission has determined that the appropriate remedy is: (1) A
general exclusion order prohibiting the entry of infringing high-
density fiber optic equipment and components thereof; and (2) cease and
desist orders directed to Respondents Leviton, Panduit, and FS. The
Commission has determined that the public interest factors do not
preclude issuance of the general exclusion order or the cease and
desist orders. The Commission has determined that a bond as set forth
in the orders is required during the period of Presidential review. 19
U.S.C. 1337(j)(3).
The investigation is terminated. The Commission's reasoning in
support of its determinations is set forth more fully in its opinion.
The Commission's orders and opinion were delivered to the President and
the United States Trade Representative on the day of their issuance.
The Commission vote for this determination took place on August 3,
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.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant complete service for any party/
parties without a method of electronic service noted on the attached
Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
By order of the Commission.
[[Page 43566]]
Issued: August 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-16897 Filed 8-6-21; 8:45 am]
BILLING CODE 7020-02-P
