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, 18332 [2023-06371]

Download as PDF 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:59 Mar 27, 2023 Jkt 259001 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 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 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 E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Page 18332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06371]



[[Page 18332]]

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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

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: 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 
[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 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 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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