Certain Portable Gaming Console Systems With Attachable Handheld Controllers and Components Thereof II: Commission Determination To Review in Part a Final Initial Determination, and on Review, To Find No Violation of Section 337; Termination of the Investigation, 50744 [2021-19510]
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
Postponed the final determinations for
its antidumping duty investigations
regarding methionine from Japan and
Spain; and (ii) reached an earlier final
antidumping duty determination
concerning methionine from France. On
June 30, 2021, the Commission issued a
final affirmative determination in its
antidumping duty investigation of
methionine from France (86 FR 35826,
July 7, 2021). Following notification of
final determinations by Commerce that
imports of methionine from Japan and
Spain were being sold at LTFV within
the meaning of section 735(a) of the Act
(19 U.S.C. 1673d(a)), notice of the
supplemental scheduling of the final
phase of the Commission’s antidumping
duty investigations was given by posting
copies of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register of August 2, 2021 (86 FR
41513).
The Commission made these
determinations pursuant to § 735(b) of
the Act (19 U.S.C. 1673d(b)). It
completed and filed its determinations
in these investigations on September 7,
2021. The views of the Commission are
contained in USITC Publication 5230
(September 2021), entitled Methionine
from Japan and Spain: Investigation
Nos. 731–TA–1535–1536 (Final).
By order of the Commission.
Issued: September 7, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–19563 Filed 9–9–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1197]
Certain Portable Gaming Console
Systems With Attachable Handheld
Controllers and Components Thereof
II: Commission Determination To
Review in Part a Final Initial
Determination, and on Review, To Find
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 has determined to review a
final initial determination (‘‘ID’’) with
respect to whether the economic prong
of the domestic industry requirement
was satisfied, and on review, has
determined to take no position on the
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:09 Sep 09, 2021
Jkt 253001
issue. The Commission has determined
not to review the remainder of the ID,
and thereby finds no violation of section
337 of the Tariff Act of 1930. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5468. 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 May 4,
2020, the Commission instituted this
investigation based on a complaint filed
on behalf of Gamevice, Inc. of Simi
Valley, California (‘‘Gamevice’’). 85 FR
26492–93 (May 4, 2020). The complaint
alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain portable gaming consoles with
attachable handheld controllers and
component thereof by reason of
infringement of one or more of claims
1–4, 6–8, and 12–18 of U.S. Patent No.
10,391,393 (‘‘the ’393 patent’’). Id. The
Commission’s notice of investigation
named as respondents Nintendo Co.,
Ltd. of Kyoto, Japan, and Nintendo of
America, Inc. of Redmond, Washington.
Id. at 26493. The Office of Unfair Import
Investigations (‘‘OUII’’) is participating
in this investigation. Id. The
Commission subsequently terminated
the investigation with respect to claims
13–16 of the ’393 patent. Order No. 6
(Aug. 14, 2020), unreviewed by Comm’n
Notice (Sept. 10, 2020) (terminating
claims 13–15); Order No. 10 (Dec. 7,
2020), unreviewed by Comm’n Notice
(Jan. 5, 2021) (terminating claim 16).
On July 2, 2021, the presiding
administrative law judge issued the
subject ID finding no violation of
section 337. The ID found that
Gamevice failed to show that Nintendo
infringed claims 1–4, 6–8, 12, 17, and 18
of the ’393 patent. The ID also found
that Nintendo showed by clear and
convincing evidence that claims 1–4, 6–
8, 16–18, 20, and 22 of the ’393 patent
PO 00000
Frm 00051
Fmt 4703
Sfmt 9990
are invalid. The ID found that Gamevice
showed that at least one of its domestic
industry products practices claims 8–11
of the ’393 patent, and that Gamevice
established the economic prong with
respect to that product, and therefore
satisfied the domestic industry
requirement with respect to valid claims
9–11 of the ’393 patent.
On July 19, 2021, Gamevice
petitioned for review with respect to the
ID’s findings on noninfringement and
invalidity with respect to claims 1–4, 6,
7, and 12 of the ’393 patent, thereby
abandoning its case with respect to
claims 8, 16–18, 20, and 22 of the ’393
patent. See 19 CFR 210.43(b)(2) (stating
that ‘‘[a]ny issue not raised in petition
for review will be deemed to have been
abandoned by the petitioning party’’).
That same day, Nintendo contingently
petitioned for review with respect to the
ID’s validity findings regarding claims
17, 19, and 21 based on indefiniteness,
regarding claim 12 based on
obviousness, and regarding claims 1–4,
6–8, and 17–18 based on a lack of
adequate written description. On July
27, 2021, Gamevice and Nintendo
opposed each other’s petitions, and
OUII opposed both petitions.
Having examined the record of this
investigation, including the ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review and take no position on the
issue of whether Gamevice
demonstrated that it satisfied the
economic prong of the domestic
industry requirement. Beloit Corp. v.
Valmet Oy, 742 F.2d 1421, 1423 (Fed.
Cir. 1984). The Commission has
determined not to review the remainder
of the ID. The investigation is hereby
terminated with a final determination of
no violation of section 337.
The Commission vote for this
determination took place on September
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).
By order of the Commission.
Issued: September 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–19510 Filed 9–9–21; 8:45 am]
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Page 50744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19510]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1197]
Certain Portable Gaming Console Systems With Attachable Handheld
Controllers and Components Thereof II: Commission Determination To
Review in Part a Final Initial Determination, and on Review, To Find No
Violation of Section 337; 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 determined to review a final initial determination
(``ID'') with respect to whether the economic prong of the domestic
industry requirement was satisfied, and on review, has determined to
take no position on the issue. The Commission has determined not to
review the remainder of the ID, and thereby finds no violation of
section 337 of the Tariff Act of 1930. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. 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: On May 4, 2020, the Commission instituted
this investigation based on a complaint filed on behalf of Gamevice,
Inc. of Simi Valley, California (``Gamevice''). 85 FR 26492-93 (May 4,
2020). The complaint alleged violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation
into the United States, the sale for importation, and the sale within
the United States after importation of certain portable gaming consoles
with attachable handheld controllers and component thereof by reason of
infringement of one or more of claims 1-4, 6-8, and 12-18 of U.S.
Patent No. 10,391,393 (``the '393 patent''). Id. The Commission's
notice of investigation named as respondents Nintendo Co., Ltd. of
Kyoto, Japan, and Nintendo of America, Inc. of Redmond, Washington. Id.
at 26493. The Office of Unfair Import Investigations (``OUII'') is
participating in this investigation. Id. The Commission subsequently
terminated the investigation with respect to claims 13-16 of the '393
patent. Order No. 6 (Aug. 14, 2020), unreviewed by Comm'n Notice (Sept.
10, 2020) (terminating claims 13-15); Order No. 10 (Dec. 7, 2020),
unreviewed by Comm'n Notice (Jan. 5, 2021) (terminating claim 16).
On July 2, 2021, the presiding administrative law judge issued the
subject ID finding no violation of section 337. The ID found that
Gamevice failed to show that Nintendo infringed claims 1-4, 6-8, 12,
17, and 18 of the '393 patent. The ID also found that Nintendo showed
by clear and convincing evidence that claims 1-4, 6-8, 16-18, 20, and
22 of the '393 patent are invalid. The ID found that Gamevice showed
that at least one of its domestic industry products practices claims 8-
11 of the '393 patent, and that Gamevice established the economic prong
with respect to that product, and therefore satisfied the domestic
industry requirement with respect to valid claims 9-11 of the '393
patent.
On July 19, 2021, Gamevice petitioned for review with respect to
the ID's findings on noninfringement and invalidity with respect to
claims 1-4, 6, 7, and 12 of the '393 patent, thereby abandoning its
case with respect to claims 8, 16-18, 20, and 22 of the '393 patent.
See 19 CFR 210.43(b)(2) (stating that ``[a]ny issue not raised in
petition for review will be deemed to have been abandoned by the
petitioning party''). That same day, Nintendo contingently petitioned
for review with respect to the ID's validity findings regarding claims
17, 19, and 21 based on indefiniteness, regarding claim 12 based on
obviousness, and regarding claims 1-4, 6-8, and 17-18 based on a lack
of adequate written description. On July 27, 2021, Gamevice and
Nintendo opposed each other's petitions, and OUII opposed both
petitions.
Having examined the record of this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review and take no position on the issue of whether
Gamevice demonstrated that it satisfied the economic prong of the
domestic industry requirement. Beloit Corp. v. Valmet Oy, 742 F.2d
1421, 1423 (Fed. Cir. 1984). The Commission has determined not to
review the remainder of the ID. The investigation is hereby terminated
with a final determination of no violation of section 337.
The Commission vote for this determination took place on September
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).
By order of the Commission.
Issued: September 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-19510 Filed 9-9-21; 8:45 am]
BILLING CODE 7020-02-P
