Certain Semiconductors and Devices and Products Containing the Same, Including Printed Circuit Boards, Automotive Parts, and Automobiles; Corrected Notice of Institution; Institution of Investigation Pursuant to 19 U.S.C. 1337, 66208-66209 [2022-23798]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 66208 Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Notices Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3179. 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; 10,209,953; 8,588,949; 9,219,959; and 10,439,896. Id. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named as respondents Google and Alphabet Inc. (‘‘Alphabet’’), both of Mountain View, California. Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party. Id. On January 6, 2022, the Commission issued its final determination based on the record of the investigation (1) affirming with modified reasoning the ID’s findings of violation of section 337 with respect to the asserted patents, (2) determining that the appropriate remedy is a LEO and CDO against Google, (3) finding that the public interest does not preclude this remedy, and (4) setting bond during the period of Presidential review at 100 percent of the entered value of the subject articles. See 87 FR 1784–85 (Jan. 12, 2022). On July 14, 2022, Google filed a petition for a modification of the LEO and CDO pursuant to Commission Rule 210.76(a)(1) (19 CFR 210.76(a)(1)). On August 12, 2022, the Commission instituted a modification proceeding based on Google’s petition. 87 FR 49885–86 (Aug. 12, 2022). On October 11, 2022, Google filed an unopposed motion to withdraw its petition and terminate the modification VerDate Sep<11>2014 16:38 Nov 01, 2022 Jkt 259001 proceeding without prejudice. On October 14, 2022, OUII filed a response in support of the motion. Sonos did not file a response to the motion. On October 17, 2022, the ALJ issued the subject ID granting the motion. The ID finds that the motion complies with the requirements of Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) and that ‘‘no extraordinary circumstances exist that would prevent the requested termination of the modification proceeding.’’ ID at 2–3. No petitions for review of the subject ID were filed. The Commission has determined not to review the subject ID. The modification proceeding is hereby terminated. The Commission vote for this determination took place on October 27, 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 27, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–23799 Filed 11–1–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–1332] Certain Semiconductors and Devices and Products Containing the Same, Including Printed Circuit Boards, Automotive Parts, and Automobiles; Corrected Notice of Institution; Institution of Investigation Pursuant to 19 U.S.C. 1337 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 23, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. A supplement to the complaint was filed on September 12, 2022. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain semiconductors and devices and products containing the same, including printed circuit boards, automotive parts, SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 and automobiles by reason of the infringement of certain claims of U.S. Patent No. 8,775,833 (‘‘the ’833 patent’’); U.S. Patent No. 8,898,494 (‘‘the ’494 patent’’); U.S. Patent No. 9,575,895 (‘‘the ’895 patent’’); U.S. Patent No. 10,049,080 (‘‘the ’080 patent’’); U.S. Patent No. 10,394,300 (‘‘the ’300 patent’’); and U.S. Patent No. 10,705,588 (‘‘the ’588 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2022). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 27, 2022, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) 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 products identified in paragraph (2) by reason of infringement of one or more of claims 1–18 of the ’833 patent; claims 1–18 of the ’494 patent; claims 1–17 of the ’895 patent; claims 1–24 of the ’080 patent; E:\FR\FM\02NON1.SGM 02NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Notices claims 1–19 of the ’300 patent; and claims 1–20 of the ’588 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘semiconductor chips and printed circuit boards for use in automobile infotainment systems and instrument clusters, and automobile infotainment systems, instrument clusters, and automobiles containing the same, and components thereof’’; (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); (4) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Daedalus Prime LLC, 51 Pondfield Road, Suite 3, Bronxville, NY 10708 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Avnet, Inc., 2211 South 47th Street, Phoenix, AZ 85034 Digi-Key Electronics, 701 Brooks Avenue South, Thief River Falls, MN 56701 Mercedes-Benz Group AG, 70546 Stuttgart, Germany Mercedes-Benz AG, Epplestra+e 225, 70567 Stuttgart-Mo¨hringen, Germany Mercedes-Benz USA, LLC, 1 MercedesBenz Drive, Sandy Springs, GA 30328 Mouser Electronics, Inc., 1000 North Main Street, Mansfield, TX 76063 Newark, 300 S. Riverside Plaza, Suite 2200, Chicago, IL 60606 NXP Semiconductors N.V., High Tech Campus 60, 5656 AG Eindhoven, Netherlands NXP USA, Inc., 6501 W. William Cannon Dr., Austin, TX 78735 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, VerDate Sep<11>2014 16:38 Nov 01, 2022 Jkt 259001 U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: October 27, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–23798 Filed 11–1–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Comment Period Extension on Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act Regarding Claims in Connection With the Findett/Hayford Bridge Road Groundwater Superfund Site On September 28, 2022 the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Eastern District of Missouri in the lawsuit entitled United States and the State of Missouri v. Union Electric Company d/b/a Ameren Missouri., Civil Action No. 22–cv–1038. On October 4, 2022, notice of the proposed settlement agreement and the start of the comment period was PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 66209 published in the Federal Register. The United States is extending the comment period for this Proposed Consent Decree by thirty (30) days, to December 5, 2022. The proposed Consent Decree would resolve claims the United States and State of Missouri have brought pursuant to sections 106, 107(a), and 113(g) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9606, 9607(a), and 9613(g), as amended by the Superfund Amendments and Reauthorization Act of 1986 (‘‘CERCLA’’), and section 260.530 of the Missouri Hazardous Waste Management Law, Mo. Rev. Stat. 260.530, regarding the Findett/Hayford Bridge Road Groundwater Superfund Site Operable Unit 4 (‘‘OU4’’). Under the Settlement Agreement, Union Electric Company d/b/a Ameren (‘‘Ameren’’) will perform response actions at the Site pursuant to the June 30, 2021 Record of Decision, and pay U.S. Environmental Protection Agency and Missouri Department of Natural Resources oversight costs. In exchange, the United States and the State will provide covenants not to sue or to take administrative action against Ameren pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and Mo. Rev. Stat. 260.510 and 260.530, with regard to the Work performed. EPA is planning to hold a public availability session to provide the public with information regarding response actions at OU4. Information on the time, location, and details regarding the meeting will be posted here: https:// cumulis.epa.gov/supercpad/cursites/ csitinfo.cfm?id=0700845. Any comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and the State of Missouri v. Union Electric Company d/b/a Ameren Missouri, 22–cv–1038, D.J. Ref. No. 90– 11–2–417/6. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Settlement Agreement may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. E:\FR\FM\02NON1.SGM 02NON1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66208-66209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23798]


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

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1332]


Certain Semiconductors and Devices and Products Containing the 
Same, Including Printed Circuit Boards, Automotive Parts, and 
Automobiles; Corrected Notice of Institution; Institution of 
Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 23, 2022, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime 
LLC of Bronxville, New York. A supplement to the complaint was filed on 
September 12, 2022. The complaint alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain semiconductors and devices and products containing the same, 
including printed circuit boards, automotive parts, and automobiles by 
reason of the infringement of certain claims of U.S. Patent No. 
8,775,833 (``the '833 patent''); U.S. Patent No. 8,898,494 (``the '494 
patent''); U.S. Patent No. 9,575,895 (``the '895 patent''); U.S. Patent 
No. 10,049,080 (``the '080 patent''); U.S. Patent No. 10,394,300 (``the 
'300 patent''); and U.S. Patent No. 10,705,588 (``the '588 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by the applicable Federal Statute. The complainant 
requests that the Commission institute an investigation and, after the 
investigation, issue a limited exclusion order and cease and desist 
orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2022).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 27, 2022, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-18 of the '833 patent; claims 1-18 of the '494 patent; claims 
1-17 of the '895 patent; claims 1-24 of the '080 patent;

[[Page 66209]]

claims 1-19 of the '300 patent; and claims 1-20 of the '588 patent, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``semiconductor chips 
and printed circuit boards for use in automobile infotainment systems 
and instrument clusters, and automobile infotainment systems, 
instrument clusters, and automobiles containing the same, and 
components thereof'';
    (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. l337(d)(l), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Daedalus Prime LLC, 51 Pondfield Road, Suite 3, Bronxville, NY 10708

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Avnet, Inc., 2211 South 47th Street, Phoenix, AZ 85034
Digi-Key Electronics, 701 Brooks Avenue South, Thief River Falls, MN 
56701
Mercedes-Benz Group AG, 70546 Stuttgart, Germany
Mercedes-Benz AG, Epplestra[szlig]e 225, 70567 Stuttgart-
M[ouml]hringen, Germany
Mercedes-Benz USA, LLC, 1 Mercedes-Benz Drive, Sandy Springs, GA 30328
Mouser Electronics, Inc., 1000 North Main Street, Mansfield, TX 76063
Newark, 300 S. Riverside Plaza, Suite 2200, Chicago, IL 60606
NXP Semiconductors N.V., High Tech Campus 60, 5656 AG Eindhoven, 
Netherlands
NXP USA, Inc., 6501 W. William Cannon Dr., Austin, TX 78735

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: October 27, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-23798 Filed 11-1-22; 8:45 am]
BILLING CODE 7020-02-P

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