Certain Audio Players and Controllers, Components Thereof, and Products Containing the Same; Notice of a Commission Determination To Institute a Modification Proceeding, 49885-49886 [2022-17398]

Download as PDF Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / Notices website: https://www.doi.gov/ethics/ oge-form-450. Additionally, after appointment, members appointed as SGEs will be required to meet applicable financial disclosure and ethics training requirements. Please contact (202) 202–208–7960 or DOI_ Ethics@sol.doi.gov with any questions about the ethics requirements for members appointed as SGEs. Membership Selection: Individuals shall qualify to serve on the Board because of their education, training, or experience that enables them to give informed and objective advice regarding the interest they represent. They should demonstrate experience or knowledge of the area of their expertise and a commitment to collaborate in seeking solutions to resource management issues. The Board is structured to provide fair membership and balance, both geographic and interest specific, in terms of the functions to be performed and points of view to be represented. Members are selected with the objective of providing representative counsel and advice about public land and resource planning. No person is to be denied an opportunity to serve because of race, age, sex, sexual orientation, religion, or national origin. Pursuant to Section 7 of the Wild Free-Roaming Horses and Burros Act, members of the Board cannot be employed by the State or Federal Government. (Authority: 43 CFR 1784.4–1) David Jenkins, Assistant Director, Resources and Planning. [FR Doc. 2022–17383 Filed 8–11–22; 8:45 am] BILLING CODE 4310–84–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1191] Certain Audio Players and Controllers, Components Thereof, and Products Containing the Same; Notice of a Commission Determination To Institute a Modification Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, jspears on DSK121TN23PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:38 Aug 11, 2022 Jkt 256001 Washington, DC 20436, telephone (202) 708–2301. 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, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: On February 11, 2020, the Commission instituted this investigation based on a complaint filed by Sonos, Inc. (‘‘Sonos’’) of Santa Barbara, California. 85 FR 7783 (Feb. 11, 2020). 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 into the United States, the sale for importation, or the sale within the United States after importation of certain audio players and controllers, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 9,195,258 (‘‘the ’258 patent’’); 10,209,953 (‘‘the ’953 patent’’); 8,588,949 (‘‘the ’949 patent’’); 9,219,959 (‘‘the ’959 patent’’); and 10,439,896 (‘‘the ’896 patent’’). Id. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named as respondents Google LLC (‘‘Google’’) and Alphabet Inc. (‘‘Alphabet’’), both of Mountain View, California. Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party. Id. On September 21, 2020, the Commission terminated the investigation as to Alphabet based on withdrawal of the allegations in the complaint directed to Alphabet. Order No. 18 (Sept. 1, 2020), unreviewed by Comm’n Notice (Sept. 21, 2020). On November 24, 2020, the Commission determined that the importation requirement has been satisfied. Order No. 27 (Oct. 27, 2020), unreviewed by Comm’n Notice (Nov. 24, 2020). On February 2, 2021, the Commission determined that the technical prong of the domestic industry requirement has been satisfied as to the ’949 patent. Order No. 32 (Jan. 4, 2021), unreviewed by Comm’n Notice (Feb. 2, 2021). On February 16, 2021, the Commission determined that the economic prong of the domestic industry requirement has been satisfied as to all asserted patents. Order No. 35 (Jan. 14, 2021), reviewed PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 49885 and aff’d by Comm’n Notice (Feb. 16, 2021). On March 12, 2021, the Commission partially terminated the investigation based on withdrawal of the allegations in the complaint as to certain asserted claims. Order No. 58 (Feb. 23, 2021), unreviewed by Comm’n Notice (Mar. 12, 2021). On August 13, 2021, the presiding Chief Administrative Law Judge (‘‘CALJ’’) issued an initial determination (‘‘ID’’) finding a violation of section 337 with respect to the following claims of the asserted patents: claims 17, 21, 24, and 26 of the ’258 patent; claims 7, 14, and 22–24 of the ’953 patent; claim 10 of the ’959 patent; claims 1, 2, and 5 of the ’949 patent; and claims 1, 5, 6, and 12 of the ’896 patent. On November 19, 2021, the Commission determined to review the ID in part with respect to the ID’s analysis of whether the products accused of infringing the ’258 and ’953 patents are articles that infringe at the time of importation. 86 FR 67492 (Nov. 26, 2021). The Commission also determined to correct two typographical errors on pages 24 and 84 of the ID. Id. The Commission did not request briefing on any issue under review. Id. The Commission’s notice also requested written submissions on remedy, the public interest, and bonding. Id. On January 6, 2022, the Commission terminated the investigation with a finding of a violation of section 337 with respect to claims 17, 21, 24, and 26 of the ’258 patent; claims 7, 14, and 22– 24 of the ’953 patent; claim 10 of the ’959 patent; claims 1, 2, and 5 of the ’949 patent; and claims 1, 5, 6, and 12 of the ’896 patent. 87 FR 1784–85 (Jan. 12, 2022). The Commission issued a limited exclusion order (‘‘LEO’’) and a cease and desist order (‘‘CDO’’) against Google. Id. On January 27, 2022, Sonos filed a petition with the U.S. Court of Appeals for the Federal Circuit seeking review of the Commission’s finding that one or more redesign products that Google submitted for adjudication with respect to each asserted patent are noninfringing. Sonos, Inc. v. Int’l Trade Comm’n, No. 22–1421. On March 22, 2022, Google filed a petition for review of the Commission finding of violation. Google LLC v. Int’l Trade Comm’n, No. 22–1573. These appeals have been consolidated. On July 14, 2022, Google filed a petition for modification of the LEO and CDO, pursuant to Commission Rule 210.76(a), 19 CFR 210.76(a). Google alleges that its Pixel smartphones, tablets, laptops, and other ‘‘controllers’’ installed with an allegedly new Device Utility app do not infringe any of claims E:\FR\FM\12AUN1.SGM 12AUN1 49886 Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / Notices 1, 5, 6, and 12 of the ’896 patent. On July 25, 2022, Sonos filed an opposition to Google’s modification petition. The Commission has determined that Google’s petition complies with the requirements for institution of a modification proceeding pursuant to Commission Rule 210.76. Accordingly, the Commission has determined to institute a modification proceeding and has delegated the proceeding to the CALJ. The presiding CALJ shall submit a recommended determination within six (6) months after publication of notice of this Order in the Federal Register. Sonos, Google, and OUII are named as parties to the modification proceeding. The Commission vote for this determination took place on August 8, 2022. 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: August 9, 2022. Katherine Hiner, Acting Secretary to the Commission. BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–825–826 (Fourth Review)] Certain Polyester Staple Fiber From South Korea and Taiwan jspears on DSK121TN23PROD with NOTICES Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty orders on certain polyester staple fiber from South Korea and Taiwan would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted these reviews on January 3, 2022 (87 FR 119) and determined on April 8, 2022, that it would conduct expedited reviews (87 FR 38780, June 29, 2022). 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 17:38 Aug 11, 2022 Jkt 256001 By order of the Commission. Issued: August 8, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–17313 Filed 8–11–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–540–543 and 731–TA–1283–1287 and 1290 (Review)] Cold-Rolled Steel Flat Products From Brazil, China, India, Japan, South Korea, and the United Kingdom Determinations [FR Doc. 2022–17398 Filed 8–11–22; 8:45 am] VerDate Sep<11>2014 The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on August 8, 2022. The views of the Commission are contained in USITC Publication 5341 (August 2022), entitled Certain Polyester Staple Fiber from South Korea and Taiwan: Investigation Nos. 731–TA–825–826 (Fourth Review). On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the countervailing duty orders on coldrolled steel flat products (‘‘cold-rolled steel’’) from China, India, and South Korea and the antidumping duty orders on cold-rolled steel from China, India, Japan, South Korea, and the United Kingdom would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. The Commission further determines that revocation of the countervailing and antidumping duty orders on cold-rolled steel from Brazil would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.2 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioners Rhonda K. Schmidtlein and Randolph J. Stayin determine that revocation of the countervailing duty orders on CRS from Brazil, China, India, and South Korea and the antidumping duty orders on CRS from Brazil, China, India, Japan, South Korea, and the United Kingdom would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 Background The Commission instituted these reviews on June 1, 2021 (86 FR 29286) and determined on September 7, 2021 that it would conduct full reviews (86 FR 52180, September 20, 2021). Notice of the scheduling of the Commission’s reviews and of a public hearing to be held in connection therewith 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 on December 13, 2021 (86 FR 70864). The Commission conducted its hearing on May 24, 2022. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on August 9, 2022. The views of the Commission are contained in USITC Publication 5339 (August 2022), entitled Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, South Korea, and the United Kingdom: Investigation Nos. 701–TA– 540–543 and 731–TA–1283–1287 and 1290 (Review). By order of the Commission. Issued: August 9, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–17399 Filed 8–11–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Pillows and Seat Cushions, Components Thereof, and Packaging Thereof, DN 3633; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Katherine M. Hiner, Acting Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the SUMMARY: E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 155 (Friday, August 12, 2022)]
[Notices]
[Pages 49885-49886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17398]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1191]


Certain Audio Players and Controllers, Components Thereof, and 
Products Containing the Same; Notice of a Commission Determination To 
Institute a Modification Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a modification proceeding in the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2301. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On February 11, 2020, the Commission 
instituted this investigation based on a complaint filed by Sonos, Inc. 
(``Sonos'') of Santa Barbara, California. 85 FR 7783 (Feb. 11, 2020). 
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 into the United States, the sale for importation, or the 
sale within the United States after importation of certain audio 
players and controllers, components thereof, and products containing 
the same by reason of infringement of certain claims of U.S. Patent 
Nos. 9,195,258 (``the '258 patent''); 10,209,953 (``the '953 patent''); 
8,588,949 (``the '949 patent''); 9,219,959 (``the '959 patent''); and 
10,439,896 (``the '896 patent''). Id. The complaint further alleges 
that a domestic industry exists. Id. The notice of investigation named 
as respondents Google LLC (``Google'') and Alphabet Inc. 
(``Alphabet''), both of Mountain View, California. Id. The Office of 
Unfair Import Investigations (``OUII'') was also named as a party. Id.
    On September 21, 2020, the Commission terminated the investigation 
as to Alphabet based on withdrawal of the allegations in the complaint 
directed to Alphabet. Order No. 18 (Sept. 1, 2020), unreviewed by 
Comm'n Notice (Sept. 21, 2020). On November 24, 2020, the Commission 
determined that the importation requirement has been satisfied. Order 
No. 27 (Oct. 27, 2020), unreviewed by Comm'n Notice (Nov. 24, 2020). On 
February 2, 2021, the Commission determined that the technical prong of 
the domestic industry requirement has been satisfied as to the '949 
patent. Order No. 32 (Jan. 4, 2021), unreviewed by Comm'n Notice (Feb. 
2, 2021). On February 16, 2021, the Commission determined that the 
economic prong of the domestic industry requirement has been satisfied 
as to all asserted patents. Order No. 35 (Jan. 14, 2021), reviewed and 
aff'd by Comm'n Notice (Feb. 16, 2021). On March 12, 2021, the 
Commission partially terminated the investigation based on withdrawal 
of the allegations in the complaint as to certain asserted claims. 
Order No. 58 (Feb. 23, 2021), unreviewed by Comm'n Notice (Mar. 12, 
2021).
    On August 13, 2021, the presiding Chief Administrative Law Judge 
(``CALJ'') issued an initial determination (``ID'') finding a violation 
of section 337 with respect to the following claims of the asserted 
patents: claims 17, 21, 24, and 26 of the '258 patent; claims 7, 14, 
and 22-24 of the '953 patent; claim 10 of the '959 patent; claims 1, 2, 
and 5 of the '949 patent; and claims 1, 5, 6, and 12 of the '896 
patent.
    On November 19, 2021, the Commission determined to review the ID in 
part with respect to the ID's analysis of whether the products accused 
of infringing the '258 and '953 patents are articles that infringe at 
the time of importation. 86 FR 67492 (Nov. 26, 2021). The Commission 
also determined to correct two typographical errors on pages 24 and 84 
of the ID. Id. The Commission did not request briefing on any issue 
under review. Id. The Commission's notice also requested written 
submissions on remedy, the public interest, and bonding. Id.
    On January 6, 2022, the Commission terminated the investigation 
with a finding of a violation of section 337 with respect to claims 17, 
21, 24, and 26 of the '258 patent; claims 7, 14, and 22-24 of the '953 
patent; claim 10 of the '959 patent; claims 1, 2, and 5 of the '949 
patent; and claims 1, 5, 6, and 12 of the '896 patent. 87 FR 1784-85 
(Jan. 12, 2022). The Commission issued a limited exclusion order 
(``LEO'') and a cease and desist order (``CDO'') against Google. Id.
    On January 27, 2022, Sonos filed a petition with the U.S. Court of 
Appeals for the Federal Circuit seeking review of the Commission's 
finding that one or more redesign products that Google submitted for 
adjudication with respect to each asserted patent are non-infringing. 
Sonos, Inc. v. Int'l Trade Comm'n, No. 22-1421. On March 22, 2022, 
Google filed a petition for review of the Commission finding of 
violation. Google LLC v. Int'l Trade Comm'n, No. 22-1573. These appeals 
have been consolidated.
    On July 14, 2022, Google filed a petition for modification of the 
LEO and CDO, pursuant to Commission Rule 210.76(a), 19 CFR 210.76(a). 
Google alleges that its Pixel smartphones, tablets, laptops, and other 
``controllers'' installed with an allegedly new Device Utility app do 
not infringe any of claims

[[Page 49886]]

1, 5, 6, and 12 of the '896 patent. On July 25, 2022, Sonos filed an 
opposition to Google's modification petition.
    The Commission has determined that Google's petition complies with 
the requirements for institution of a modification proceeding pursuant 
to Commission Rule 210.76. Accordingly, the Commission has determined 
to institute a modification proceeding and has delegated the proceeding 
to the CALJ. The presiding CALJ shall submit a recommended 
determination within six (6) months after publication of notice of this 
Order in the Federal Register. Sonos, Google, and OUII are named as 
parties to the modification proceeding.
    The Commission vote for this determination took place on August 8, 
2022.
    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: August 9, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17398 Filed 8-11-22; 8:45 am]
BILLING CODE 7020-02-P

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