Certain Earpiece Devices and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Advisory Opinion Proceeding Based on Settlement; Termination of the Advisory Opinion Proceeding, 50647-50648 [2022-17660]

Download as PDF Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices Id. The complaint further alleged that an industry in the United States exists as required by section 337. Id. The Commission’s notice of investigation named as respondents Zebra Technologies Corporation of Lincolnshire, Illinois, and Symbol Technologies, Inc. of Holtsville, New York (collectively, ‘‘Zebra’’). Id. The Office of Unfair Import Investigations was not named as a party in this investigation. Id. On July 11, 2022, pursuant to Commission Rule 210.21(b) (19 CFR 210.21(b)), Honeywell and Zebra filed a joint motion to terminate this investigation in its entirety based on a settlement agreement. On July 12, 2022, the ALJ issued Order No. 3, the subject ID, which granted the motion. The ID found that the motion complied with the Commission’s Rules and that terminating the investigation would not be contrary to the public interest. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. This investigation is hereby terminated in its entirety. The Commission vote for this determination took place on August 11, 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 11, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–17640 Filed 8–16–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION JSPEARS on DSK121TN23PROD with NOTICES [Investigation No. 337–TA–1121 (Advisory Opinion Proceeding)] Certain Earpiece Devices and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Advisory Opinion Proceeding Based on Settlement; Termination of the Advisory Opinion Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to SUMMARY: VerDate Sep<11>2014 17:22 Aug 16, 2022 Jkt 256001 review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 6), granting a joint motion to terminate the advisory opinion proceeding based on settlement. The advisory opinion proceeding is terminated. 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 the original investigation on June 29, 2018, based on a complaint filed on behalf of Bose Corporation (‘‘Bose’’) of Framingham, Massachusetts. 83 FR 30776 (Jun. 29, 2018). 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 earpiece devices and components thereof by reason of infringement of one or more claims of U.S. Patent Nos. 9,036,852 (‘‘the ’852 patent’’); 9,036,853 (‘‘the ’853 patent’’); 9,042,590 (‘‘the ’590 patent’’); 8,249,287 (‘‘the ’287 patent’’); 8,311,253 (‘‘the ’253 patent’’); and 9,398,364 (‘‘the ’364 patent’’). The notice of investigation named fourteen respondents. The Office of Unfair Import Investigations was also named as a party in the original investigation. On October 31, 2019, the Commission issued a general exclusion order (‘‘GEO’’), a limited exclusion order (‘‘LEO’’), and cease and desist orders with respect to certain claims of the asserted patents other than the ’364 patent. 84 FR 59838–840 (Nov. 6, 2019). The GEO prohibits the unlicensed importation of certain earpiece devices and components thereof that infringe claims 1 and 7 the ’852 patent; claims 1 and 8 of the ’853 patent; claims 1 and 6 of the ’590 patent; and claims 1, 7, and 8 of the ’287 patent. The LEO covers the ’253 patent. The Commission also imposed a bond in the amount of one PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 50647 hundred percent (100%) of the entered value of the imported articles during the period of Presidential review. The Commission remanded certain issues to the ALJ and thereafter the ’364 patent was withdrawn from the investigation and the investigation was terminated in its entirety. 84 FR 72382–383 (Dec. 31, 2019). On February 4, 2022, Fantasia Trading, LLC (‘‘Fantasia’’), the importer of record, filed a request for an advisory opinion that Anker’s Soundcore Liberty 2 Pro (‘‘A3909’’), Soundcore Liberty Neo (‘‘A3911’’), and Soundcore Life Dot 2 (‘‘A3922’’) products (collectively, the ‘‘Anker Earphones’’) do not infringe claims 1 and 7 of the ’852 patent; claims 1 and 8 of the ’853 patent; claims 1 and 6 of the ’590 patent; and claims 1, 7, and 8 of the ’287 patent, and thus are not covered by the GEO issued in this investigation. On March 8, 2022, the Commission determined to institute an advisory opinion proceeding under Commission Rule 210.79 to ascertain whether the Anker Earphones infringe claims 1 and 7 of the ’852 patent; claims 1 and 8 of the ’853 patent; claims 1 and 6 of the ’590 patent; and claims 1, 7, and 8 of the ’287 patent, and are covered by the GEO issued in this investigation. 87 FR 14287 (Mar. 14, 2022). The Commission further determined to refer the matter to the Chief ALJ for assignment to an ALJ for appropriate proceedings and to issue an initial advisory opinion (‘‘IAO’’) at the earliest practicable time, preferably within 120 days of institution, but no later than 7 months after institution. The ALJ was directed to set a target date at two months following the date of issuance of the IAO. The following entities were named as parties to the proceeding: (1) Bose; and (2) Fantasia. On July 1, 2022, Fantasia and Bose filed a joint motion to terminate the advisory opinion proceeding based on a settlement agreement. ID at 1. The joint motion attached redacted public and confidential versions of the settlement agreement. Id. at 3. On July 14, 2022, the ALJ issued the subject ID (Order No. 6), granting the joint motion to terminate the advisory opinion proceeding. The ID found that the motion to terminate complies with Commission Rule 210.21(a), 19 CFR 210.21(a), and there is no evidence that terminating this investigation based on the settlement agreement would be contrary to the public interest. Id. at 2– 4. No petition for review of the ID was filed. The Commission has determined not to review the subject ID. The advisory opinion proceeding is terminated. E:\FR\FM\17AUN1.SGM 17AUN1 50648 Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Notices The Commission vote for this determination took place on August 11, 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 11, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–17660 Filed 8–16–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1321] Certain Barcode Scanners, Scan Engines, Mobile Computers With Barcode Scanning Functionalities, Products Containing the Same, and Components Thereof II; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Due to a Settlement Agreement; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 3) issued by the presiding administrative law judge (‘‘ALJ’’) terminating the above-captioned investigation based on a settlement agreement. The investigation is hereby terminated. FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. 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. JSPEARS on DSK121TN23PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:22 Aug 16, 2022 Jkt 256001 The Commission instituted this investigation on March 11, 2022, based on a complaint, as supplemented, filed by Honeywell International Inc. of Charlotte, North Carolina and Hand Held Products, Inc. of Charlotte, North Carolina (collectively, ‘‘Honeywell’’). 87 FR 38423–24 (June 28, 2022). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, sale for importation, or sale in the United States after importation of certain barcode scanners, scan engines, mobile computers with barcode scanning functionalities, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 11,323,949; 11,323,650; 7,852,519; and 9,258,188. Id. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation named the following respondents: Zebra Technologies Corp. of Lincolnshire, Illinois and Symbol Technologies, LLC of Holtsville, New York (collectively, ‘‘Zebra’’). The Office of Unfair Import Investigations is not participating as a party in this investigation. On July 11, 2022, Honeywell and Zebra jointly moved to terminate the investigation based on a settlement agreement. On July 12, 2022, the presiding ALJ issued the subject ID (Order No. 3) granting the joint motion to terminate the investigation. The ID finds that, pursuant to Commission Rules 210.21(a), (b) (19 CFR 210.21(a), (b)), Honeywell and Zebra represent that there are no other agreements, express or implied, oral or written, between them regarding the subject matter of this investigation. The ID further finds that termination is proper because it would not be contrary to the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive conditions in the United States, or U.S. consumers. The ID further finds that termination is in the public interest, and it will conserve public and private resources. No party filed a petition for review of the subject ID. The Commission has determined not to review the subject ID. Accordingly, the investigation is hereby terminated. The Commission vote for this determination took place on August 11, 2022. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as SUPPLEMENTARY INFORMATION: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 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 11, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–17639 Filed 8–16–22; 8:45 am] BILLING CODE 7020–02–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–95473; File No. SR–NYSE– 2022–35] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Expiration Date of the Temporary Amendments to Rules 9261 and 9830 August 11, 2022. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that on July 29, 2022, New York Stock Exchange LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes extending the expiration date of the temporary amendments to Rules 9261 and 9830 as set forth in SR–NYSE–2020–76 from July 31, 2022, to October 31, 2022, in conformity with recent changes by the Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’). The proposed rule change would not make any changes to the text of NYSE Rules 9261 and 9830. The proposed rule change is available on the Exchange’s website at www.nyse.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. 1 15 U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 E:\FR\FM\17AUN1.SGM 17AUN1

Agencies

[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50647-50648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17660]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1121 (Advisory Opinion Proceeding)]


Certain Earpiece Devices and Components Thereof; Notice of a 
Commission Determination Not To Review an Initial Determination 
Granting a Joint Motion To Terminate the Advisory Opinion Proceeding 
Based on Settlement; Termination of the Advisory Opinion Proceeding

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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 6), 
granting a joint motion to terminate the advisory opinion proceeding 
based on settlement. The advisory opinion proceeding is terminated.

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 the original 
investigation on June 29, 2018, based on a complaint filed on behalf of 
Bose Corporation (``Bose'') of Framingham, Massachusetts. 83 FR 30776 
(Jun. 29, 2018). 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 earpiece 
devices and components thereof by reason of infringement of one or more 
claims of U.S. Patent Nos. 9,036,852 (``the '852 patent''); 9,036,853 
(``the '853 patent''); 9,042,590 (``the '590 patent''); 8,249,287 
(``the '287 patent''); 8,311,253 (``the '253 patent''); and 9,398,364 
(``the '364 patent''). The notice of investigation named fourteen 
respondents. The Office of Unfair Import Investigations was also named 
as a party in the original investigation.
    On October 31, 2019, the Commission issued a general exclusion 
order (``GEO''), a limited exclusion order (``LEO''), and cease and 
desist orders with respect to certain claims of the asserted patents 
other than the '364 patent. 84 FR 59838-840 (Nov. 6, 2019). The GEO 
prohibits the unlicensed importation of certain earpiece devices and 
components thereof that infringe claims 1 and 7 the '852 patent; claims 
1 and 8 of the '853 patent; claims 1 and 6 of the '590 patent; and 
claims 1, 7, and 8 of the '287 patent. The LEO covers the '253 patent. 
The Commission also imposed a bond in the amount of one hundred percent 
(100%) of the entered value of the imported articles during the period 
of Presidential review. The Commission remanded certain issues to the 
ALJ and thereafter the '364 patent was withdrawn from the investigation 
and the investigation was terminated in its entirety. 84 FR 72382-383 
(Dec. 31, 2019).
    On February 4, 2022, Fantasia Trading, LLC (``Fantasia''), the 
importer of record, filed a request for an advisory opinion that 
Anker's Soundcore Liberty 2 Pro (``A3909''), Soundcore Liberty Neo 
(``A3911''), and Soundcore Life Dot 2 (``A3922'') products 
(collectively, the ``Anker Earphones'') do not infringe claims 1 and 7 
of the '852 patent; claims 1 and 8 of the '853 patent; claims 1 and 6 
of the '590 patent; and claims 1, 7, and 8 of the '287 patent, and thus 
are not covered by the GEO issued in this investigation.
    On March 8, 2022, the Commission determined to institute an 
advisory opinion proceeding under Commission Rule 210.79 to ascertain 
whether the Anker Earphones infringe claims 1 and 7 of the '852 patent; 
claims 1 and 8 of the '853 patent; claims 1 and 6 of the '590 patent; 
and claims 1, 7, and 8 of the '287 patent, and are covered by the GEO 
issued in this investigation. 87 FR 14287 (Mar. 14, 2022). The 
Commission further determined to refer the matter to the Chief ALJ for 
assignment to an ALJ for appropriate proceedings and to issue an 
initial advisory opinion (``IAO'') at the earliest practicable time, 
preferably within 120 days of institution, but no later than 7 months 
after institution. The ALJ was directed to set a target date at two 
months following the date of issuance of the IAO. The following 
entities were named as parties to the proceeding: (1) Bose; and (2) 
Fantasia.
    On July 1, 2022, Fantasia and Bose filed a joint motion to 
terminate the advisory opinion proceeding based on a settlement 
agreement. ID at 1. The joint motion attached redacted public and 
confidential versions of the settlement agreement. Id. at 3.
    On July 14, 2022, the ALJ issued the subject ID (Order No. 6), 
granting the joint motion to terminate the advisory opinion proceeding. 
The ID found that the motion to terminate complies with Commission Rule 
210.21(a), 19 CFR 210.21(a), and there is no evidence that terminating 
this investigation based on the settlement agreement would be contrary 
to the public interest. Id. at 2-4. No petition for review of the ID 
was filed.
    The Commission has determined not to review the subject ID. The 
advisory opinion proceeding is terminated.

[[Page 50648]]

    The Commission vote for this determination took place on August 11, 
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 11, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17660 Filed 8-16-22; 8:45 am]
BILLING CODE 7020-02-P
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