Certain High-Density Fiber Optic Equipment and Components Thereof; Notice of a Commission Determination To Adopt an Initial Advisory Opinion and not To Review an Initial Determination Terminating the Advisory Opinion Proceeding Based on a Joint Stipulation; Termination of the Advisory Opinion Proceeding, 52029-52030 [2022-18280]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 52029-52030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18280]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1194 (Advisory Opinion Proceeding)]


Certain High-Density Fiber Optic Equipment and Components 
Thereof; Notice of a Commission Determination To Adopt an Initial 
Advisory Opinion and not To Review an Initial Determination Terminating 
the Advisory Opinion Proceeding Based on a Joint Stipulation; 
Termination of the Advisory Opinion Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to adopt the presiding administrative law 
judge's (``ALJ'') initial advisory opinion (``IAO'') and not to review 
the initial determination (``ID'') (Order No. 8), terminating the 
advisory opinion proceeding based on a joint stipulation. 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 underlying 
investigation on March 24, 2020, based on a complaint filed on behalf 
of Corning Optical Communications LLC

[[Page 52030]]

(``Corning'') of Charlotte, North Carolina. 85 FR 16653-54 (Mar. 24, 
2020). The complaint, as supplemented, alleged violations of section 
337 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''), 10,444,456 (the `` '456 patent''), 10,120,153 
(the `` '153 patent''), 8,712,206 (the `` '206 patent''), and 
10,094,996 (``the '996 patent''). Id. The '996 patent was subsequently 
terminated from the investigation. See Order No. 11 (July 29, 2020), 
unreviewed by Comm'n Notice (Aug. 13, 2020). The Commission's notice of 
investigation named thirteen respondents including, among others, 
Panduit of Tinley, Illinois; FS.com Inc. of New Castle, Delaware; 
Leviton Manufacturing Co., Inc. of Melville, New York; and The LAN 
Wirewerks Research Laboratories Inc. d/b/a Wirewerks of Quebec, Canada; 
and The Siemon Company of Watertown, Connecticut (collectively, 
``Respondents''). See Comm'n Op. at 3-5 (Aug. 23, 2021). The remaining 
respondents were either found in default pursuant to Commission Rule 
210.16 or terminated from the investigation based on withdrawal of the 
allegations in the complaint or a settlement agreement. Id. The notice 
of investigation also named the Office of Unfair Import Investigations 
(``OUII'') as a party. Id. at 4.
    On March 23, 2021, the ALJ issued a final 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 
(collectively, ``Asserted Patents'').
    On May 24, 2021, the Commission determined to review the final ID 
in part. 86 FR 28890-93 (May 28, 2021). On August 3, 2021, the 
Commission determined that Corning established a violation by 
Respondents 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. 86 FR 43564-66 (Aug. 9, 2021). Among other findings, 
the Commission affirmed with modifications the ID's finding that 
Panduit induced infringement of the asserted claims of the '320, '456, 
and '153 patents and adopted the ID's finding that Panduit's accused 
products did not directly infringe the '206 patent. As a remedy, the 
Commission determined to issue a general exclusion order (``GEO'') 
prohibiting the entry of high-density fiber optic equipment and 
components thereof that infringe one or more asserted claims of the 
Asserted Patents; and cease and desist orders (``CDOs''), including one 
directed to Panduit.
    On April 18, 2022, Panduit filed a request for an advisory opinion 
that three new fiber optic equipment designs that it developed do not 
infringe any asserted claims of the Asserted Patents and are therefore 
not covered by the GEO and CDO issued in this investigation. Panduit's 
new designs include: (1) a patch panel design with a density of 192 
fiber optic connections in a 1U space; (2) a patch panel design with a 
density of 144 fiber optic connections in a 1U space; and (3) a new 
enclosure design with a density of 192 fiber optic connections in a 1U 
space (collectively, ``New Designs''). On April 28, 2022, Corning and 
OUII filed responses to Panduit's request.
    On May 18, 2022, the Commission determined to institute an advisory 
opinion proceeding to ascertain whether Panduit's New Designs infringe 
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, and are covered by the 
remedial orders issued in this investigation. The Commission further 
determined to refer the matter to the CALJ for assignment to an ALJ for 
appropriate proceedings and the issuance of an 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) 
Panduit; (2) Corning; and (3) OUII.
    On July 18, 2022, Panduit filed a motion requesting entry of an IAO 
finding that its New Designs are not subject to the remedial orders and 
termination of the advisory opinion proceeding. Order No. 8 (Jul. 20, 
2022) at 2. Corning did not oppose the motion and OUII filed a response 
supporting the motion. Id. The motion included a Joint Stipulation by 
Corning and Panduit that Panduit's New Designs are not covered by the 
GEO and the CDO. Id. at 2-3.
    In view of the private parties' Joint Stipulation and the remedial 
orders, on July 20, 2022, the ALJ issued an IAO finding that Panduit's 
New Designs do not infringe 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, and 
that Panduit's New Designs are not covered by the remedial orders 
issued in this investigation. Id. at 3. Accordingly, the ALJ granted 
the motion to terminate the advisory opinion proceeding as an ID. No 
submissions were filed regarding the IAO and no petitions for review of 
Order No. 8 were filed.
    The Commission has determined to adopt the IAO as its final 
advisory opinion and has determined not to review the ID portion of 
Order No. 8 terminating the proceeding. The advisory opinion proceeding 
is terminated.
    The Commission vote for this determination took place on August 19, 
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 19, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-18280 Filed 8-23-22; 8:45 am]
BILLING CODE 7020-02-P