Certain Mobile Phones, Tablet Computers, Smart Watches, Smart Speakers, and Digital Media Players, and Products Containing Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement and To Vacate as Moot an Initial Determination Granting Summary Determination That the Economic Prong of the Domestic Industry Requirement Is Satisfied; Termination of the Investigation, 18332-18333 [2023-06335]
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18332
Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1302]
Certain Cellular Base Station
Communication Equipment,
Components Thereof, and Products
Containing Same; 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. 27) 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
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
February 25, 2022, the Commission
instituted this investigation based on a
complaint, as amended, filed on behalf
of Apple Inc. of Cupertino, California
(‘‘Apple’’). 87 FR 10819 (Feb. 25, 2022).
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 cellular base
station communication equipment,
components thereof, and products
containing same that infringe claims 1–
3, 11, and 12 of U.S. Patent No.
9,882,282 (‘‘the ’282 patent’’); claims 1–
4, 6–10, 18, 19, and 21 of U.S. Patent
No. 10,263,340 (‘‘the ’340 patent’’); and
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claims 1–6, 13 and 14 of U.S. Patent No.
9,667,290 (‘‘the ’290 patent’’). Id. The
complaint also alleges that a domestic
industry exists. Id. The Commission’s
notice of investigation names as
respondents Ericsson AB of Stockholm,
Sweden, and Ericsson Inc. of Plano,
Texas (together, ‘‘Ericsson’’). Id. The
Office of Unfair Import Investigations
(‘‘OUII’’) is participating in this
investigation on the issues of remedy,
the public interest, and bonding.
Commission Investigative Staff’s Notice
of Partial Participation (Mar. 7, 2022).
On December 2, 2022, the
Commission determined not to review
an ID granting Apple’s motion for
summary determination that it has
satisfied the economic prong of the
domestic industry requirement with
respect to the ’282, ’340, and ’290
patents. Order No. 17 (Nov. 2, 2022);
unreviewed by Comm’n Notice (Dec. 2,
2022).
On February 6, 2023, Apple and
Ericsson filed a joint motion to
terminate the investigation based on a
settlement agreement. On February 7,
2023, OUII filed a response in support
of the motion.
On February 22, 2023, the ALJ issued
the subject ID pursuant to Commission
Rule 210.21(b)(1) (19 CFR 210.21(b)(1)),
granting the motion. The ID finds that
terminating the investigation based on
settlement has no adverse effect on the
public interest. No party petitioned for
review of the 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 March 22,
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 23, 2023.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2023–06371 Filed 3–27–23; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1300]
Certain Mobile Phones, Tablet
Computers, Smart Watches, Smart
Speakers, and Digital Media Players,
and Products Containing Same;
Commission Determination Not To
Review an Initial Determination
Terminating the Investigation Based
on Settlement and To Vacate as Moot
an Initial Determination Granting
Summary Determination That the
Economic Prong of the Domestic
Industry Requirement Is Satisfied;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 34) of the presiding
Administrative Law Judge (‘‘ALJ’’)
terminating the investigation based on
settlement. In addition, the Commission
has determined to vacate as moot an ID
(Order No. 29) granting summary
determination that the economic prong
of the domestic industry requirement is
satisfied. The investigation is
terminated.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. 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: On
February 24, 2022, the Commission
instituted this investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based on a complaint filed by
Ericsson Inc. of Plano, Texas, and
Telefonaktiebolaget LM Ericsson of
Stockholm, Sweden (collectively,
‘‘Ericsson’’). See 87 FR 10385–86 (Feb.
24, 2022). The complaint, as
supplemented, alleges a violation of
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Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / Notices
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 mobile phones, tablet
computers, smart watches, smart
speakers, and digital media players, and
products containing same by reason of
infringement of certain claims of U.S.
Patent Nos. 7,151,430 (‘‘the ’430
patent’’); 9,509,273 (‘‘the ’273 patent’’);
9,853,621 (‘‘the ’621 patent’’); 7,957,770
(‘‘the ’770 patent’’); and 9,705,400 (‘‘the
’400 patent’’) (collectively, ‘‘Asserted
Patents’’). See id. The notice of
investigation names Apple, Inc.
(‘‘Apple’’) of Cupertino, California, as
the respondent in the investigation. See
id. The Office of Unfair Import
Investigations (‘‘OUII’’) is also a party to
the investigation. See id.
On December 16, 2022, the
Commission partially terminated the
investigation as to: (1) all asserted
claims of the ’400 patent; (2) all asserted
claims of the ’621 patent; (3) claims 11
and 12 of the ’430 patent; (4) claims 1
and 7 of the ’273 patent; and (5) claims
4, 8–10, 12, 15, and 16 of the ’770 patent
based on withdrawal of the complaint as
to those patents and claims. See Order
No. 25 (Nov. 21, 2022), unreviewed by
Comm’n Notice (Dec. 16, 2022).
On July 26, 2022, Ericsson filed a
motion for summary determination that
the economic prong of the domestic
industry requirement is satisfied for
each of the Asserted Patents (‘‘Ericsson’s
SD Motion’’). On August 4, 2022, Apple
filed a response to Ericsson’s SD Motion
stating that Apple does not dispute
Ericsson’s SD Motion to the extent it
relates to the economic prong of the
domestic industry requirement but that
Apple disputes that Ericsson has
satisfied the technical prong of the
domestic industry requirement.
On November 30, 2022, the ALJ
issued an ID (Order No. 29) granting
summary determination that Ericsson
satisfies the economic prong of the
domestic industry requirement. On
March 2, 2023, the Commission issued
a notice extending until March 24, 2023,
the deadline for determining whether to
review the ID (Order No. 29).
On February 6, 2023, Ericsson and
Apple jointly moved to terminate the
investigation in its entirety based on
settlement. On February 7, 2023, OUII
filed a response in support of the joint
motion.
On February 22, 2023, the ALJ issued
an ID (Order No. 34) granting the joint
motion to terminate the investigation.
The ID finds that the joint motion
complies with Commission Rule
210.21(b)(1), 19 CFR 210.21(b)(1). See ID
at 3. Specifically, the ID notes that the
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joint motion includes confidential and
public copies of the settlement
agreement. See id. In addition, the
motion states that ‘‘[t]here are no other
agreements, written or oral, express or
implied between the Ericsson and
Apple concerning the subject matter of
this Investigation.’’ See id. Furthermore,
in accordance with Commission Rule
210.50(b)(2), 19 CFR 210.50(b)(2), the ID
finds that ‘‘terminating this
Investigation is in the public interest
and will conserve public and private
resources.’’ See id.
No petitions for review of the subject
IDs (Order Nos. 29 and 34) were filed.
The Commission has determined not
to review the ID terminating the
investigation based on settlement (Order
No. 34). In addition, the Commission
has determined to vacate as moot the ID
(Order No. 29) granting summary
determination that the economic prong
of the domestic industry requirement is
satisfied. The investigation is
terminated.
The Commission’s vote for these
determinations took place on March 22,
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 22, 2023.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2023–06335 Filed 3–27–23; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
[Exemption Application No. D–12075]
Proposed Exemption for Certain
Prohibited Transaction Restrictions
Pacific Investment Management
Company LLC, Newport Beach,
California
Employee Benefits Security
Administration, Labor.
ACTION: Notice of proposed exemption.
AGENCY:
This document provides
notice of the pendency before the
Department of Labor (the Department) of
a proposed individual exemption from
certain of the prohibited transaction
restrictions of the Employee Retirement
Income Security Act of 1974 (ERISA or
the Act) and/or the Internal Revenue
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Fmt 4703
Sfmt 4703
Code of 1986 (the Code). If the proposed
exemption is granted, certain asset
managers with specified relationships to
the Pacific Investment Management
Company LLC (PIMCO or the Applicant)
will not be precluded from relying on
the exemptive relief provided by
Prohibited Transaction Class Exemption
84–14 (PTE 84–14 or the QPAM
Exemption), notwithstanding the
upcoming judgment of conviction
against Allianz Global Investors US LLC
(AGI US) for one count of securities
fraud.
DATES:
Comments due: Written comments
and requests for a public hearing on the
proposed exemption should be
submitted to the Department by May 12,
2023.
Exemption dates: If granted, this
proposed exemption will be in effect for
a period of five years beginning on May
17, 2023, and ending on May 16, 2028.
ADDRESSES: All written comments and
requests for a hearing should be
submitted to the Employee Benefits
Security Administration (EBSA), Office
of Exemption Determinations,
Attention: Application No. D–12075 via
email to e-OED@dol.gov or online
through https://www.regulations.gov.
Any such comments or requests should
be sent by the end of the scheduled
comment period. The application for
exemption and the comments received
will be available for public inspection in
the Public Disclosure Room of the
Employee Benefits Security
Administration, U.S. Department of
Labor, Room N–1515, 200 Constitution
Avenue NW, Washington, DC 20210.
See SUPPLEMENTARY INFORMATION below
for additional information regarding
comments.
Mr.
Joseph Brennan of the Department at
(202) 693–8456. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION:
Comments: Persons are encouraged to
submit all comments electronically and
not to follow with paper copies.
Comments should state the nature of the
person’s interest in the proposed
exemption and how the person would
be adversely affected by the exemption,
if granted. Any person who may be
adversely affected by an exemption can
request a hearing on the exemption. A
request for a hearing must state: (1) The
name, address, telephone number, and
email address of the person making the
request; (2) the nature of the person’s
interest in the exemption and the
manner in which the person would be
adversely affected by the exemption;
FOR FURTHER INFORMATION CONTACT:
Employee Benefits Security
Administration
SUMMARY:
18333
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]]>Agencies
[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Pages 18332-18333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06335]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1300]
Certain Mobile Phones, Tablet Computers, Smart Watches, Smart
Speakers, and Digital Media Players, and Products Containing Same;
Commission Determination Not To Review an Initial Determination
Terminating the Investigation Based on Settlement and To Vacate as Moot
an Initial Determination Granting Summary Determination That the
Economic Prong of the Domestic Industry Requirement Is Satisfied;
Termination of the Investigation
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 an initial determination
(``ID'') (Order No. 34) of the presiding Administrative Law Judge
(``ALJ'') terminating the investigation based on settlement. In
addition, the Commission has determined to vacate as moot an ID (Order
No. 29) granting summary determination that the economic prong of the
domestic industry requirement is satisfied. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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: On February 24, 2022, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Ericsson Inc. of Plano, Texas, and
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden (collectively,
``Ericsson''). See 87 FR 10385-86 (Feb. 24, 2022). The complaint, as
supplemented, alleges a violation of
[[Page 18333]]
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 mobile phones, tablet computers, smart watches,
smart speakers, and digital media players, and products containing same
by reason of infringement of certain claims of U.S. Patent Nos.
7,151,430 (``the '430 patent''); 9,509,273 (``the '273 patent'');
9,853,621 (``the '621 patent''); 7,957,770 (``the '770 patent''); and
9,705,400 (``the '400 patent'') (collectively, ``Asserted Patents'').
See id. The notice of investigation names Apple, Inc. (``Apple'') of
Cupertino, California, as the respondent in the investigation. See id.
The Office of Unfair Import Investigations (``OUII'') is also a party
to the investigation. See id.
On December 16, 2022, the Commission partially terminated the
investigation as to: (1) all asserted claims of the '400 patent; (2)
all asserted claims of the '621 patent; (3) claims 11 and 12 of the
'430 patent; (4) claims 1 and 7 of the '273 patent; and (5) claims 4,
8-10, 12, 15, and 16 of the '770 patent based on withdrawal of the
complaint as to those patents and claims. See Order No. 25 (Nov. 21,
2022), unreviewed by Comm'n Notice (Dec. 16, 2022).
On July 26, 2022, Ericsson filed a motion for summary determination
that the economic prong of the domestic industry requirement is
satisfied for each of the Asserted Patents (``Ericsson's SD Motion'').
On August 4, 2022, Apple filed a response to Ericsson's SD Motion
stating that Apple does not dispute Ericsson's SD Motion to the extent
it relates to the economic prong of the domestic industry requirement
but that Apple disputes that Ericsson has satisfied the technical prong
of the domestic industry requirement.
On November 30, 2022, the ALJ issued an ID (Order No. 29) granting
summary determination that Ericsson satisfies the economic prong of the
domestic industry requirement. On March 2, 2023, the Commission issued
a notice extending until March 24, 2023, the deadline for determining
whether to review the ID (Order No. 29).
On February 6, 2023, Ericsson and Apple jointly moved to terminate
the investigation in its entirety based on settlement. On February 7,
2023, OUII filed a response in support of the joint motion.
On February 22, 2023, the ALJ issued an ID (Order No. 34) granting
the joint motion to terminate the investigation. The ID finds that the
joint motion complies with Commission Rule 210.21(b)(1), 19 CFR
210.21(b)(1). See ID at 3. Specifically, the ID notes that the joint
motion includes confidential and public copies of the settlement
agreement. See id. In addition, the motion states that ``[t]here are no
other agreements, written or oral, express or implied between the
Ericsson and Apple concerning the subject matter of this
Investigation.'' See id. Furthermore, in accordance with Commission
Rule 210.50(b)(2), 19 CFR 210.50(b)(2), the ID finds that ``terminating
this Investigation is in the public interest and will conserve public
and private resources.'' See id.
No petitions for review of the subject IDs (Order Nos. 29 and 34)
were filed.
The Commission has determined not to review the ID terminating the
investigation based on settlement (Order No. 34). In addition, the
Commission has determined to vacate as moot the ID (Order No. 29)
granting summary determination that the economic prong of the domestic
industry requirement is satisfied. The investigation is terminated.
The Commission's vote for these determinations took place on March
22, 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 22, 2023.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2023-06335 Filed 3-27-23; 8:45 am]
BILLING CODE 7020-02-P
