Certain Networking Devices, Computers, and Components Thereof ; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation on the Basis of Settlement; Termination of the Investigation, 73315-73316 [2021-27943]
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Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices
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FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2532. 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 November 20, 2015, based on a
complaint filed by Diebold Incorporated
and Diebold Self-Service Systems
(collectively, ‘‘Diebold’’). 80 FR 72735–
36 (Nov. 20, 2015). The complaint
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,
and the sale within the United States
after importation of certain automated
teller machines, ATM modules,
components thereof, and products
containing the same by reason of
infringement of certain claims of six
United States Patents, including U.S.
Patent No. 6,082,616 (‘‘the ’616 patent’’);
and U.S. Patent No. 7,832,631 (‘‘the ’631
patent’’). Id. The notice of investigation
named as respondents Nautilus
Hyosung Inc. of Seoul, Republic of
Korea; Nautilus Hyosung America Inc.
of Irving, Texas (collectively,
‘‘Nautilus’’); and HS Global, Inc. of Brea,
California (‘‘HS Global’’). Id. at 72736.
The Office of Unfair Import
Investigations was not named as a party.
Id. Nautilus Hyosung Inc. subsequently
changed its name to Hyosung TNS Inc.
See Commission Order Amending the
Remedial Orders at 1 n.1 (Aug. 13,
2019).
On May 19, 2017, the Commission
terminated the investigation with a
finding of violation of section 337 as to
certain claims of the ’616 patent and
’631 patent. 82 FR 24143–44 (May 25,
2017). The Commission issued a limited
exclusion order prohibiting the entry of
infringing automated teller machines,
ATM modules, components thereof, and
products containing the same, and (2)
cease and desist orders directed to each
of the three respondents. Id. at 24144.
On August 13, 2019, the Commission
amended the remedial orders to remove
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19:11 Dec 23, 2021
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the references to the ’616 patent, which
had expired on June 2, 2018. Order at
2 (Aug. 13, 2019); see generally Hyosung
TNS Inc. v. ITC, 926 F.3d 1353, 1359
(Fed. Cir. 2019) (finding any disputes
concerning the ’616 patent to have been
mooted by that patent’s expiration).
On December 1, 2021, Diebold and
Nautilus jointly filed confidential and
public versions of a petition to rescind
all of the remedial orders based on a
settlement agreement. No responses to
the petition were filed. Despite that HS
Global is not a party to the settlement,
Diebold and Nautilus seek the rescission
of the remedial orders in their entirety.
Diebold and Nautilus also moved that
service among the private parties of the
settlement agreement be limited to
Diebold and Hyosung, and not to HS
Global. The Commission has
determined to grant that request
concerning service.
Having reviewed the petition and
determined that it complies with
Commission rules, see 19 CFR
210.76(a)(3), the Commission has
determined to institute a rescission
proceeding and to grant the petition.
The LEO and the CDOs directed to each
of the three respondents are hereby
rescinded.
The rescission proceeding is
terminated.
The Commission vote for this
determination took place on December
20, 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: December 21, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–28015 Filed 12–23–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1275]
Certain Networking Devices,
Computers, and Components Thereof ;
Notice of a Commission Determination
Not To Review an Initial Determination
Terminating the Investigation on the
Basis of Settlement; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
73315
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 11) terminating the
investigation on the basis of settlement.
The investigation is terminated in its
entirety.
FOR FURTHER INFORMATION CONTACT:
Amanda P. Fisherow, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2737. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket
information system (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, telephone (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted the present
investigation on August 13, 2021, based
on a complaint and supplement thereto
filed by Proven Networks, LLC of Los
Angeles, California (‘‘Complainant’’). 86
FR 44746–47 (Aug. 13, 2021). The
complaint, as supplemented, alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, based upon the importation, sale
for importation, and sale in the United
States after importation of certain
networking devices, computers, and
components thereof that allegedly
infringe certain claims of U.S. Patent
No. 8,687,573. Id. The complaint further
alleged that an industry in the United
States exists, or is in the process of
being established, as required by section
337. Id. The notice of investigation
named F5 Networks Inc. of Seattle,
Washington as the respondent. Id. at
44747. The Office of Unfair Import
Investigations was also named as a party
to this investigation. Id.
On December 2, 2021, the private
parties filed a joint unopposed motion
to terminate the investigation on the
basis of settlement. The parties
represented that ‘‘there are no other
agreements, written or oral, express or
implied, between the Parties regarding
the subject matter of this proceeding.’’
On December 3, 2021, the presiding
administrative law judge issued Order
No. 11, granting the joint motion to
terminate the investigation on the basis
of settlement. The ID found that the
motion complies with the requirements
SUMMARY:
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Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices
of Commission Rule 210.21 (19 CFR
210.21(a), (b)) and that there is no
evidence that indicates that termination
would adversely affect the public
interest. No party filed a petition for
review of the ID.
The Commission has determined not
to review this ID. Accordingly, the
investigation is terminated.
The Commission vote for this
determination took place on December
20, 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: December 20, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–27943 Filed 12–23–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1224]
Certain Digital Video-Capable Devices
and Components Thereof;
Commission Determination To Review
a Final Initial Determination Finding No
Violation of Section 337; Request for
Written Submissions on the Issues
Under Review and on Remedy, the
Public Interest, and Bonding;
Extension of the Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to review a final initial
determination (‘‘ID’’) of the presiding
administrative law judge (‘‘ALJ’’). The
Commission requests written
submissions from the parties on the
issues under review and submissions
from the parties, interested government
agencies, and other interested persons
on the issues of remedy, the public
interest, and bonding, under the
schedule set forth below. The
Commission also extends the target date
for completion of the investigation until
March 23, 2022.
FOR FURTHER INFORMATION CONTACT:
Amanda P. Fisherow, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2737. Copies of non-confidential
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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19:11 Dec 23, 2021
Jkt 256001
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 the present
investigation on October 22, 2020, based
on a complaint and supplement thereto
filed by Koninklijke Philips N.V. of
Eindhoven, Netherlands and Philips
North America LLC of Cambridge,
Massachusetts (collectively, ‘‘Philips’’).
85 FR 67373–74 (Oct. 22, 2020). The
complaint, as supplemented, alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, based upon the importation, sale
for importation, and sale in the United
States after importation of certain digital
video-capable devices and components
thereof by reason of infringement of
certain claims of U.S. Patent Nos.
9,436,809 (‘‘the ’809 patent’’); 9,590,977
(‘‘the ’977 patent’’); 10,091,186 (‘‘the
’186 patent’’); and 10,298,564 (‘‘the ’564
patent’’). Id. at 67373. The complaint
further alleged that an industry in the
United States exists or is in the process
of being established, as required by
section 337. Id. The notice of
investigation named the following
respondents: Dell Technologies Inc. of
Round Rock, Texas and Dell Inc. of
Round Rock, Texas (together ‘‘Dell’’);
Hisense Co. Ltd. of Qingdao, China,
Hisense Visual Technology Co., Ltd. of
Qingdao, China, Hisense Electronics
Manufacturing Company of America
Corporation of Suwanee, Georgia,
Hisense USA Corporation of Suwanee,
Georgia, Hisense Import & Export Co.
Ltd. of Qingdao, China, Hisense
International Co., Ltd. of Qingdao,
China, Hisense International (HK) Co.,
Ltd. of Sheung Wan, Hong Kong (SAR),
and Hisense International (Hong Kong)
America Investment Co., Ltd. of Sheung
Wan, Hong Kong (SAR) (together,
‘‘Hisense’’); HP, Inc. of Palo Alto,
California (‘‘HP’’); Lenovo Group Ltd. of
Quarry Bay, Hong Kong (SAR) and
Lenovo (United States), Inc. of
Morrisville, North Carolina (together,
‘‘Lenovo’’); LG Electronics, Inc. of
Seoul, Republic of Korea and LG
Electronics USA, Inc. of Englewood
Cliffs, New Jersey; TCL Industries
Holdings Co., Ltd., of Guangdong,
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
China, TCL Electronics Holdings Ltd. of
Hong Kong Science Park, Hong Kong
(SAR), TCL King Electrical Appliances
(Huizhou) Co. Ltd. of Huizhou, China,
TTE Technology, Inc. of Corona,
California, TCL Moka International Ltd.
of Sha Tin, Hong Kong, TCL Moka
Manufacturing S.A. de C.V. of Tijuana,
Mexico, TCL Smart Device (Vietnam)
Company Ltd. of Binh Duong, Vietnam;
MediaTek Inc. of Hsinchu, Taiwan and
MediaTek USA Inc. of San Jose,
California; Realtek Semiconductor Corp.
of Hsinchu, Tiawan (‘‘Realtek’’); and
Intel Corporation of Santa Clara,
California (‘‘Intel’’). Id. at 67374. The
Office of Unfair Import Investigations
(‘‘OUII’’) is participating in the
investigation. Id.
During the course of the investigation,
Philips moved to terminate the
investigation as to various claims,
patents, and respondents. See Order No.
19, unreviewed by Comm’n Notice (Apr.
15, 2021), Order No. 21, unreviewed by
Comm’n Notice (May 12, 2021), Order
No. 26, unreviewed by Comm’n Notice
(Jun 21, 2021), Order 32, unreviewed by
Comm’n Notice (July 26, 2021), Order
No. 40, unreviewed by Comm’n Notice
(Aug. 2, 2021), and Order No. 46,
unreviewed by Comm’n Notice (Aug. 10,
2021). The Respondents remaining in
the investigation are Dell, Hisense, HP,
Lenovo, TCL, Realtek, and Intel
(together, ‘‘the Respondents’’). The
remaining asserted patent claims are:
claims 1, 9, 11, 12, and 14 of the ’186
patent; and claims 1, 18, 19, 21, and 25
of the ’564 patent.
On October 21, 2021, the ALJ issued
the subject ID. On November 2, 2021,
Philips and OUII each filed petitions for
review. Also, on November 2, 2021,
Respondents Intel, Dell, and Lenovo
filed a contingent petition for review
and Respondents HP, Realtek, Dell,
Lenovo, Hisense, and TCL (‘‘Receiver
Respondents’’) filed a separate
contingent petition for review. On
November 10, 2021, Philips, OUII, and
the Respondents each filed replies.
Having reviewed the record of the
investigation, including the final ID, the
parties’ submissions to the ALJ, and the
petitions for review and replies, the
Commission has determined to review
the ID in part. Specifically, the
Commission has determined to review
the ID’s findings on claim construction,
infringement, validity, and domestic
industry for both of the ’186 and ’564
patents.
In connection with its review, the
Commission requests responses to the
following questions. The parties are
requested to brief their positions with
reference to the applicable law and the
existing evidentiary record.
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]]>Agencies
[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73315-73316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27943]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1275]
Certain Networking Devices, Computers, and Components Thereof ;
Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation on the Basis of Settlement;
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 not to review an initial determination
(``ID'') (Order No. 11) terminating the investigation on the basis of
settlement. The investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2737. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket information system
(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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the present
investigation on August 13, 2021, based on a complaint and supplement
thereto filed by Proven Networks, LLC of Los Angeles, California
(``Complainant''). 86 FR 44746-47 (Aug. 13, 2021). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, based upon the importation, sale for
importation, and sale in the United States after importation of certain
networking devices, computers, and components thereof that allegedly
infringe certain claims of U.S. Patent No. 8,687,573. Id. The complaint
further alleged that an industry in the United States exists, or is in
the process of being established, as required by section 337. Id. The
notice of investigation named F5 Networks Inc. of Seattle, Washington
as the respondent. Id. at 44747. The Office of Unfair Import
Investigations was also named as a party to this investigation. Id.
On December 2, 2021, the private parties filed a joint unopposed
motion to terminate the investigation on the basis of settlement. The
parties represented that ``there are no other agreements, written or
oral, express or implied, between the Parties regarding the subject
matter of this proceeding.''
On December 3, 2021, the presiding administrative law judge issued
Order No. 11, granting the joint motion to terminate the investigation
on the basis of settlement. The ID found that the motion complies with
the requirements
[[Page 73316]]
of Commission Rule 210.21 (19 CFR 210.21(a), (b)) and that there is no
evidence that indicates that termination would adversely affect the
public interest. No party filed a petition for review of the ID.
The Commission has determined not to review this ID. Accordingly,
the investigation is terminated.
The Commission vote for this determination took place on December
20, 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: December 20, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27943 Filed 12-23-21; 8:45 am]
BILLING CODE 7020-02-P
