Certain LTE- and 3G-Compliant Cellular Communications Devices; Notice of a Commission Determination To Dismiss as Moot a Portion of the Complaint; Termination of Remand Proceeding, 14650 [2023-04817]

Download as PDF 14650 Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices exists. Id. The Commission’s notice of investigation names as a respondent Keysight Technologies, Inc. of Santa Rosa, California. Id. The Office of Unfair Import Investigations (‘‘OUII’’) is participating in this investigation. Id. On January 31, 2023, Centripetal Networks, Inc. filed an unopposed motion to amend the complaint and notice of investigation to reflect the complainant changing its corporate name from Centripetal Networks, Inc. to Centripetal Networks, LLC. No party filed a response to the motion. On February 3, 2023, the ALJ issued an ID pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)), granting Complainants’ motion for leave to amend the complaint and notice of investigation. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. The Commission vote for this determination took place on March 6, 2023. 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: March 6, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–04842 Filed 3–8–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1138 (CAFC Remand Proceeding)] Certain LTE- and 3G-Compliant Cellular Communications Devices; Notice of a Commission Determination To Dismiss as Moot a Portion of the Complaint; Termination of Remand Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that, on October 24, 2022, the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) issued a mandate with instructions to dismiss as moot the portion of the complaint filed in the above-captioned investigation relating to U.S. Patent No. 6,760,590 (‘‘the ’590 patent’’), which expired during the pendency of an appeal before the Court. The Commission hereby dismisses that ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:19 Mar 08, 2023 Jkt 259001 portion of the complaint. The remand proceeding is hereby terminated. FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the General Counsel, U.S. International 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: The Commission instituted this investigation on October 19, 2018, based on a complaint filed by INVT SPE LLC (‘‘INVT’’) of San Francisco, California. 83 FR 53105 (Oct. 19, 2018). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) (‘‘section 337’’), in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain LTE- and 3Gcompliant cellular communications devices by reason of infringement of certain claims of five U.S. patents, including U.S. Patent Nos. 6,760,590; 7,206,587 (‘‘the ’587 patent’’); and 7,848,439 (‘‘the ’439 patent’’). Id. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named as respondents Apple Inc. of Cupertino, California; HTC Corporation of Taoyuan City, Taiwan; HTC America, Inc. of Seattle, Washington; ZTE Corporation of Guangdong, China; and ZTE (USA) Inc. of Richardson, Texas. Id. at 53106. The Office of Unfair Import Investigations was also named as a party. Id. On June 1, 2020, the Commission terminated the investigation with a finding of no violation of section 337 as to certain claims of the ’590, ’587, and ’439 patents. 85 FR 34649–50 (June 5, 2020). INVT filed an appeal with the Federal Circuit with respect to certain issues in the Commission’s final determination with respect to the ’590 patent, including claim construction, infringement, and the technical prong of the domestic industry requirement. The ’590 patent expired on March 5, 2022, during the pendency of the appeal before the Federal Circuit. On August 31, 2022, in a precedential opinion, the PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Federal Circuit held that INVT’s appeal as to the ’590 patent had become moot. INVT SPE LLC v. ITC, 46 F.4th 1361, 1370 (Fed. Cir. 2022) (‘‘The expiration of the ’590 patent, therefore, has rendered this appeal moot with respect to that patent.’’). The Court vacated the Commission’s determination as to the ’590 patent, and ‘‘remand[ed] with instructions to dismiss as moot the relevant portion of the complaint.’’ Id.; see also id. at 1365, 1381. On October 24, 2022, the Federal Circuit issued its mandate returning jurisdiction of the matter to the Commission. In accordance with the Court’s remand instructions, the Commission has determined to dismiss as moot the portion of INVT’s complaint relating to the ’590 patent. In addition, we observe that the Federal Circuit’s vacatur of the Commission’s final determination and the dismissal of the complaint pursuant to the Court’s remand order as to the ’590 patent sets aside all ALJ findings and Commission findings related to that patent. The remand proceeding is hereby terminated. The Commission vote for this determination took place on March 3, 2023. 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: March 6, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–04817 Filed 3–8–23; 8:45 am] BILLING CODE 7020–02–P LEGAL SERVICES CORPORATION Sunshine Act Meetings The Operations and Regulations Committee (Committee) of the Legal Services Corporation (LSC) Board of Directors will meet virtually on Monday, March 13, 2023. The meeting will commence at 1:30 p.m. EDT and will continue until the conclusion of the Committee’s agenda. PLACE: Public notice of virtual meetings. LSC will conduct the March 13, 2023 meeting via Zoom. To join the meeting, please use this link: https://lscgov.zoom.us/j/ 82286565349?pwd=V1JJen BZbjlBbkxKSzdDY1Exb HhNZz09&from=addon. Meeting ID: 822 8656 5349 TIME AND DATE: E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Page 14650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04817]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1138 (CAFC Remand Proceeding)]


Certain LTE- and 3G-Compliant Cellular Communications Devices; 
Notice of a Commission Determination To Dismiss as Moot a Portion of 
the Complaint; Termination of Remand Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that, on October 24, 2022, the U.S. 
Court of Appeals for the Federal Circuit (``Federal Circuit'') issued a 
mandate with instructions to dismiss as moot the portion of the 
complaint filed in the above-captioned investigation relating to U.S. 
Patent No. 6,760,590 (``the '590 patent''), which expired during the 
pendency of an appeal before the Court. The Commission hereby dismisses 
that portion of the complaint. The remand proceeding is hereby 
terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International 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 
[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: The Commission instituted this investigation 
on October 19, 2018, based on a complaint filed by INVT SPE LLC 
(``INVT'') of San Francisco, California. 83 FR 53105 (Oct. 19, 2018). 
The complaint alleges violations of section 337 of the Tariff Act of 
1930, as amended (19 U.S.C. 1337) (``section 337''), in the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain LTE- and 3G-compliant 
cellular communications devices by reason of infringement of certain 
claims of five U.S. patents, including U.S. Patent Nos. 6,760,590; 
7,206,587 (``the '587 patent''); and 7,848,439 (``the '439 patent''). 
Id. The complaint further alleges that a domestic industry exists. Id. 
The notice of investigation named as respondents Apple Inc. of 
Cupertino, California; HTC Corporation of Taoyuan City, Taiwan; HTC 
America, Inc. of Seattle, Washington; ZTE Corporation of Guangdong, 
China; and ZTE (USA) Inc. of Richardson, Texas. Id. at 53106. The 
Office of Unfair Import Investigations was also named as a party. Id.
    On June 1, 2020, the Commission terminated the investigation with a 
finding of no violation of section 337 as to certain claims of the 
'590, '587, and '439 patents. 85 FR 34649-50 (June 5, 2020). INVT filed 
an appeal with the Federal Circuit with respect to certain issues in 
the Commission's final determination with respect to the '590 patent, 
including claim construction, infringement, and the technical prong of 
the domestic industry requirement.
    The '590 patent expired on March 5, 2022, during the pendency of 
the appeal before the Federal Circuit. On August 31, 2022, in a 
precedential opinion, the Federal Circuit held that INVT's appeal as to 
the '590 patent had become moot. INVT SPE LLC v. ITC, 46 F.4th 1361, 
1370 (Fed. Cir. 2022) (``The expiration of the '590 patent, therefore, 
has rendered this appeal moot with respect to that patent.''). The 
Court vacated the Commission's determination as to the '590 patent, and 
``remand[ed] with instructions to dismiss as moot the relevant portion 
of the complaint.'' Id.; see also id. at 1365, 1381. On October 24, 
2022, the Federal Circuit issued its mandate returning jurisdiction of 
the matter to the Commission.
    In accordance with the Court's remand instructions, the Commission 
has determined to dismiss as moot the portion of INVT's complaint 
relating to the '590 patent. In addition, we observe that the Federal 
Circuit's vacatur of the Commission's final determination and the 
dismissal of the complaint pursuant to the Court's remand order as to 
the '590 patent sets aside all ALJ findings and Commission findings 
related to that patent.
    The remand proceeding is hereby terminated.
    The Commission vote for this determination took place on March 3, 
2023.
    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: March 6, 2023.

Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-04817 Filed 3-8-23; 8:45 am]
BILLING CODE 7020-02-P
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