Notice of a Commission Determination To Review in Part a Final Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337 and Two Related Orders, 61629-61630 [2022-22102]
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Notices
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Authority: 42 U.S.C. 4231 et seq.; 43
CFR 46.415 (2019 ed.).
Kevin M. Sligh, Sr.,
Director, Bureau of Safety and Environmental
Enforcement.
[FR Doc. 2022–21994 Filed 10–11–22; 8:45 am]
BILLING CODE 4310–VH–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1280]
Certain Laptops, Desktops, Servers,
Mobile Phones, Tablets, and
Components Thereof; Notice of
Commission Determination Not To
Review an Initial Determination
Terminating the Investigation Based
on Settlement; Termination of the
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. 40) of
the presiding administrative law judge
(‘‘ALJ’’) granting a joint motion to
terminate the investigation in its
entirety based on settlement. 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)
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
jspears on DSK121TN23PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:37 Oct 11, 2022
Jkt 259001
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
September 7, 2021, the Commission
instituted this investigation based on a
complaint, as amended, filed on behalf
of Sonrai Memory Ltd. of Carrickmines,
Ireland (‘‘Sonrai’’). 86 FR 50170–71
(Sept. 7, 2021). 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 laptops, desktops, servers,
mobile phones, tablets, and components
thereof that infringe certain claims of
U.S. Patent Nos. 7,159,766; 7,325,733;
and 8,193,792 (‘‘the ’792 patent’’). Id. at
50170. The complaint also alleged that
a domestic industry exists or is in the
process of being established. Id. The
Commission’s notice of investigation
named ten respondents: Amazon.com
Inc. of Seattle, Washington; Dell
Technologies Inc. of Round Rock, Texas;
EMC Corporation of Round Rock, Texas;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of
Morrisville, North Carolina; Motorola
Mobility LLC of Chicago, Illinois; LG
Electronics Inc. of Seoul, South Korea;
LG Electronics USA, Inc. of Englewood
Cliffs, New Jersey; Samsung Electronics
Co., Ltd. of Gyeonggido, South Korea;
and Samsung Electronics America, Inc.
of Ridgefield Park, New Jersey
(collectively, ‘‘Respondents’’). Id. at
50171. The Office of Unfair Import
Investigations (‘‘OUII’’) is participating
in this investigation. Id.
On August 22, 2022, Sonrai and
Respondents filed a joint motion to
terminate the investigation in its
entirety based on settlement. On
September 1, 2022, OUII filed a
response stating that the motion papers
are overly redacted. On September 7,
2022, the ALJ ordered the parties to
reduce the level of redaction in their
motion papers. Order No. 39 (Sept. 7,
2022). The parties then provided new
versions of the motion papers.
On September 19, 2022, the ALJ
issued the subject ID granting the
motion to terminate the investigation
based on settlement pursuant to
Commission Rule 210.21(b) (19 CFR
210.21(b)). The ID finds that the
requirements of Rule 210.10(b) are
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Fmt 4703
Sfmt 4703
61629
satisfied and that no extraordinary
circumstances prevent termination of
the investigation. No party petitioned
for review of the subject ID.
The Commission has determined not
to review the subject ID. The
investigation is hereby terminated in its
entirety.
The Commission vote for this
determination took place on October 5,
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: October 5, 2022.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2022–22101 Filed 10–11–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Certain Televisions, Remote Controls,
and Components Thereof
[Investigation No. 337–TA–1263]
Notice of a Commission Determination
To Review in Part a Final
Determination To Review in Part a
Final Initial Determination Finding No
Violation of Section 337 and Two
Related Orders
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part a final initial determination
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) on
June 28, 2022, finding no violation of
section 337 in the above-referenced
investigation and two related Orders
(Order Nos. 30 and 37).
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., 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
SUMMARY:
E:\FR\FM\12OCN1.SGM
12OCN1
jspears on DSK121TN23PROD with NOTICES
61630
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Notices
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
14, 2021, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, based on a complaint filed
by Roku, Inc. of San Jose, California
(‘‘Roku’’). 86 FR 26542–43 (May 14,
2021). The complaint alleged a violation
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 televisions, remote controls, and
components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 8,378,875 (‘‘the ’875
patent’’) and 7,388,511 (‘‘the ’511
patent’’). The complaint also alleged
that a domestic industry exists or is in
the process of being established. The
notice of investigation named as
respondents: Universal Electronics, Inc.
of Scottsdale, Arizona; Gemstar
Technology (Qinzhou) Co. Ltd. of
Qinzhou, China; Gemstar Technology
(Yangzhou) Co. Ltd of Yanzhou, China.;
C.G. Development Ltd. of Kowloon,
Hong Kong; Universal Electronics BV of
Enschede, the Netherlands; UEI Brasil
Controles Remotos Ltda. of
ManausAmazonas-Brasil, Brazil; CG
Me´xico Remote Controls, S. de R.L. de
C.V. of Nuevo Leon, Mexico; LG
Electronics Inc. of Seoul, Republic of
Korea; LG Electronics USA, Inc. of
Englewood Cliffs, New Jersey; Samsung
Electronics Co., Ltd. of Gyeonggi do,
Republic of Korea; Samsung Electronics
America, Inc. of Ridgefield Park, New
Jersey; Charter Communications, Inc. of
Stamford, Connecticut; Charter
Communications Operating, LLC of St.
Louis, Missouri; Spectrum Management
Holding Company, LLC of Stamford,
Connecticut; Altice USA, Inc. of Long
Island City, New York; Cablevision
Systems Corp. of Bethpage, New York;
Cequel Communications, LLC d/b/a
Suddenlink Communications of Long
Island City, New York; and
WideOpenWest, Inc. of Englewood,
Colorado (collectively, ‘‘Respondents’’).
Id. at 26543. The Commission’s Office of
Unfair Import Investigations was not
named as a party in this investigation.
Id.
Subsequently, UEI Brasil Controles
Remotos Ltda. was terminated from this
investigation. Order No. 20 (Nov. 19,
2021), unreviewed by Comm’n Notice
(Dec. 14, 2021). Also, on November 19,
VerDate Sep<11>2014
18:37 Oct 11, 2022
Jkt 259001
2021, an initial determination issued
that granted Roku’s motion for partial
termination of the investigation based
upon withdrawal of claim 11 of the ’875
patent. Order No. 19 (Nov. 19, 2021),
unreviewed by Comm’n Notice (Dec. 14,
2021).
On June 24, 2022, the presiding ALJ
issued an initial determination (Order
No. 37) granting summary
determination in part on the invalidity
of the ’511 patent and granting a joint
motion for the reconsideration of
Motion Docket No. 1263–015. On July 1,
2022, complainant Roku filed a petition
for review of Order No. 37. On July 11,
2022, respondents Universal Electronics
Inc.; Gemstar Technology (Qinzhou) Co.
Ltd.; Gemstar Technology (Yangzhou)
Co. Ltd.; C.G. Development Ltd.;
Universal Electronics BV; CG Me´xico
Remote Controls, S. de R.L. de C.V.;
Samsung Electronics Co., Ltd.; Samsung
Electronics America, Inc.; LG
Electronics, Inc.; and LG Electronics
USA, Inc. filed a response to Roku’s
petition for review of Order No. 37.
On June 28, 2022, the ALJ issued a
final ID on violation of section 337 and
a recommended determination (‘‘RD’’)
on remedy and bond finding no
violation of section 337. The ID held
that no violation of section 337 has
occurred in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation, of certain televisions,
remote controls, and components
thereof of claims 1–5, 8–10, and 14 of
the ’875 patent and claim 5 of the ’511
patent.
The ID found that the Representative
Accused Products, UEI OFA Streamer
Remote (URC 7935), Charter Spectrum
RF4CE Remote (URC 1160), Altice/
Charter Pulse RF Remote (URC 2068),
and WOW Experience Remote (URC
2135), satisfy claims 1–5, 8, and 10 of
the ’875 patent. The ID also found that
Representative Accused Products,
Altice/Charter Pulse RF Remote (URC
2068) and WOW Experience Remote
(URC 2135), satisfy claim 9 of the ’875
patent. The ID further found that it has
been shown by clear and convincing
evidence that the asserted claims of the
’875 and ’511 patents are invalid. The ID
found that Roku’s domestic industry
product does not practice any of the
claims of the ’875 patent. The ID also
found that Roku’s domestic activities
with respect to its DI product do not
satisfy the economic prong of the
domestic industry requirement under 19
U.S.C. 337(a)(3)(B).
On July 11, 2022, complainant Roku
filed a petition for review of various
portions of the final ID. Likewise, on
July 11, 2022, respondents Universal
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Fmt 4703
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Electronics Inc.; Gemstar Technology
(Qinzhou) Co. Ltd.; Gemstar Technology
(Yangzhou) Co. Ltd.; C.G. Development
Ltd.; Universal Electronics BV; CG
Me´xico Remote Controls, S. de R.L. de
C.V.; Charter Communications, Inc.,
Charter Communications Operating,
LLC, and Spectrum Management
Holding Company, LLC; Altice USA,
Inc., Cablevision Systems Corp., and
Cequel Communications, LLC d/b/a
Suddenlink Communications; and
WideOpenWest, Inc. filed a contingent
petition for review of the various
portions of the final ID.
On July 19, 2022, Respondents filed a
response to Roku’s petition for review.
On the same day, Roku filed its
response to Respondents’ contingent
petition for review of the final ID. No
other petitions or responses to petitions
were filed.
Having examined the record in this
investigation, including the final ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review in part the ID and Order Nos.
30 and 37. Specifically, the Commission
has determined to review the ID’s
infringement, invalidity, technical
prong, and economic prong findings
regarding the ’875 patent and the
invalidity findings regarding the ’511
patent. The Commission has also
determined to review Order Nos. 30 and
37 as they relate to the invalidity of the
’511 patent.
The Commission has determined not
to review the remainder of the ID and
Order Nos. 30 and 37. The Commission
does not request additional briefing.
The Commission vote for this
determination took place on October 5,
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: October 5, 2022.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2022–22102 Filed 10–11–22; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\12OCN1.SGM
12OCN1
]]>Agencies
- INTERNATIONAL TRADE COMMISSION
- Certain Televisions, Remote Controls, and Components Thereof
[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61629-61630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22102]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
Certain Televisions, Remote Controls, and Components Thereof
[Investigation No. 337-TA-1263]
Notice of a Commission Determination To Review in Part a Final
Determination To Review in Part a Final Initial Determination Finding
No Violation of Section 337 and Two Related Orders
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part a final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on June 28, 2022, finding no violation of section 337 in the
above-referenced investigation and two related Orders (Order Nos. 30
and 37).
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., 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
[[Page 61630]]
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 14, 2021, the Commission instituted
this investigation under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based on a complaint filed by Roku, Inc. of
San Jose, California (``Roku''). 86 FR 26542-43 (May 14, 2021). The
complaint alleged a violation 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 televisions, remote
controls, and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 8,378,875 (``the '875 patent'') and
7,388,511 (``the '511 patent''). The complaint also alleged that a
domestic industry exists or is in the process of being established. The
notice of investigation named as respondents: Universal Electronics,
Inc. of Scottsdale, Arizona; Gemstar Technology (Qinzhou) Co. Ltd. of
Qinzhou, China; Gemstar Technology (Yangzhou) Co. Ltd of Yanzhou,
China.; C.G. Development Ltd. of Kowloon, Hong Kong; Universal
Electronics BV of Enschede, the Netherlands; UEI Brasil Controles
Remotos Ltda. of ManausAmazonas-Brasil, Brazil; CG M[eacute]xico Remote
Controls, S. de R.L. de C.V. of Nuevo Leon, Mexico; LG Electronics Inc.
of Seoul, Republic of Korea; LG Electronics USA, Inc. of Englewood
Cliffs, New Jersey; Samsung Electronics Co., Ltd. of Gyeonggi do,
Republic of Korea; Samsung Electronics America, Inc. of Ridgefield
Park, New Jersey; Charter Communications, Inc. of Stamford,
Connecticut; Charter Communications Operating, LLC of St. Louis,
Missouri; Spectrum Management Holding Company, LLC of Stamford,
Connecticut; Altice USA, Inc. of Long Island City, New York;
Cablevision Systems Corp. of Bethpage, New York; Cequel Communications,
LLC d/b/a Suddenlink Communications of Long Island City, New York; and
WideOpenWest, Inc. of Englewood, Colorado (collectively,
``Respondents''). Id. at 26543. The Commission's Office of Unfair
Import Investigations was not named as a party in this investigation.
Id.
Subsequently, UEI Brasil Controles Remotos Ltda. was terminated
from this investigation. Order No. 20 (Nov. 19, 2021), unreviewed by
Comm'n Notice (Dec. 14, 2021). Also, on November 19, 2021, an initial
determination issued that granted Roku's motion for partial termination
of the investigation based upon withdrawal of claim 11 of the '875
patent. Order No. 19 (Nov. 19, 2021), unreviewed by Comm'n Notice (Dec.
14, 2021).
On June 24, 2022, the presiding ALJ issued an initial determination
(Order No. 37) granting summary determination in part on the invalidity
of the '511 patent and granting a joint motion for the reconsideration
of Motion Docket No. 1263-015. On July 1, 2022, complainant Roku filed
a petition for review of Order No. 37. On July 11, 2022, respondents
Universal Electronics Inc.; Gemstar Technology (Qinzhou) Co. Ltd.;
Gemstar Technology (Yangzhou) Co. Ltd.; C.G. Development Ltd.;
Universal Electronics BV; CG M[eacute]xico Remote Controls, S. de R.L.
de C.V.; Samsung Electronics Co., Ltd.; Samsung Electronics America,
Inc.; LG Electronics, Inc.; and LG Electronics USA, Inc. filed a
response to Roku's petition for review of Order No. 37.
On June 28, 2022, the ALJ issued a final ID on violation of section
337 and a recommended determination (``RD'') on remedy and bond finding
no violation of section 337. The ID held that no violation of section
337 has occurred in the importation into the United States, the sale
for importation, or the sale within the United States after
importation, of certain televisions, remote controls, and components
thereof of claims 1-5, 8-10, and 14 of the '875 patent and claim 5 of
the '511 patent.
The ID found that the Representative Accused Products, UEI OFA
Streamer Remote (URC 7935), Charter Spectrum RF4CE Remote (URC 1160),
Altice/Charter Pulse RF Remote (URC 2068), and WOW Experience Remote
(URC 2135), satisfy claims 1-5, 8, and 10 of the '875 patent. The ID
also found that Representative Accused Products, Altice/Charter Pulse
RF Remote (URC 2068) and WOW Experience Remote (URC 2135), satisfy
claim 9 of the '875 patent. The ID further found that it has been shown
by clear and convincing evidence that the asserted claims of the '875
and '511 patents are invalid. The ID found that Roku's domestic
industry product does not practice any of the claims of the '875
patent. The ID also found that Roku's domestic activities with respect
to its DI product do not satisfy the economic prong of the domestic
industry requirement under 19 U.S.C. 337(a)(3)(B).
On July 11, 2022, complainant Roku filed a petition for review of
various portions of the final ID. Likewise, on July 11, 2022,
respondents Universal Electronics Inc.; Gemstar Technology (Qinzhou)
Co. Ltd.; Gemstar Technology (Yangzhou) Co. Ltd.; C.G. Development
Ltd.; Universal Electronics BV; CG M[eacute]xico Remote Controls, S. de
R.L. de C.V.; Charter Communications, Inc., Charter Communications
Operating, LLC, and Spectrum Management Holding Company, LLC; Altice
USA, Inc., Cablevision Systems Corp., and Cequel Communications, LLC d/
b/a Suddenlink Communications; and WideOpenWest, Inc. filed a
contingent petition for review of the various portions of the final ID.
On July 19, 2022, Respondents filed a response to Roku's petition
for review. On the same day, Roku filed its response to Respondents'
contingent petition for review of the final ID. No other petitions or
responses to petitions were filed.
Having examined the record in this investigation, including the
final ID, the petitions for review, and the responses thereto, the
Commission has determined to review in part the ID and Order Nos. 30
and 37. Specifically, the Commission has determined to review the ID's
infringement, invalidity, technical prong, and economic prong findings
regarding the '875 patent and the invalidity findings regarding the
'511 patent. The Commission has also determined to review Order Nos. 30
and 37 as they relate to the invalidity of the '511 patent.
The Commission has determined not to review the remainder of the ID
and Order Nos. 30 and 37. The Commission does not request additional
briefing.
The Commission vote for this determination took place on October 5,
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: October 5, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-22102 Filed 10-11-22; 8:45 am]
BILLING CODE 7020-02-P
