Certain Active Matrix Organic Light-Emitting Diode Display Panels and Modules for Mobile Devices, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant Samsung Display Co., Ltd.'s Motion for Leave To Amend the Complaint and Notice of Investigation, 25433-25434 [2023-08733]

Download as PDF Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Notices Programs, at Gina.Best@boem.gov or 703–787–1341. 9. Protection of Privileged, Personal, or Confidential Information a. Freedom of Information Act BOEM will protect privileged or confidential information that you submit when required by the Freedom of Information Act (FOIA). Exemption 4 of FOIA applies to trade secrets and commercial or financial information that is privileged or confidential. If you wish to protect the confidentiality of such information, clearly label it and request that BOEM treat it as confidential. BOEM will not disclose such information if BOEM determines under 30 CFR 585.114(b) that it qualifies for exemption from disclosure under FOIA. Please label privileged or confidential information ‘‘Contains Confidential Information’’ and consider submitting such information as a separate attachment. BOEM will not treat as confidential any aggregate summaries of such information or comments not containing such privileged or confidential information. Information that is not labeled as privileged or confidential may be regarded by BOEM as suitable for public release. ddrumheller on DSK120RN23PROD with NOTICES1 b. Personally Identifiable Information BOEM encourages you not to submit anonymous comments. Please include your name and address as part of your comment. You should be aware that your entire comment, including your name, address, and any personally identifiable information (PII) included in your comment, may be made publicly available. All submissions from identified individuals, businesses, and organizations will be available for public viewing on regulations.gov. Note that BOEM will make available for public inspection all comments, in their entirety, submitted by organizations and businesses, or by individuals identifying themselves as representatives of organizations or businesses. For BOEM to consider withholding your PII from disclosure, you must identify any information contained in your comments that, if released, would constitute a clearly unwarranted invasion of your personal privacy. You must also briefly describe any possible harmful consequences of the disclosure of information, such as embarrassment, injury, or other harm. Even if BOEM withholds your information in the context of this rulemaking, your submission is subject to FOIA and, if your submission is requested under the FOIA, your information will only be VerDate Sep<11>2014 19:28 Apr 25, 2023 Jkt 259001 withheld if a determination is made that one of the FOIA’s exemptions to disclosure applies. Such a determination will be made in accordance with the Department’s FOIA regulations and applicable law. the publication of an environmental impact statement. Elizabeth Klein, Director, Bureau of Ocean Energy Management. [FR Doc. 2023–08670 Filed 4–25–23; 8:45 am] c. Section 304 of the NHPA (54 U.S.C. 307103(a)) BILLING CODE 4340–98–P After consultation with the Secretary, BOEM is required to withhold the location, character, or ownership of historic resources if it determines that disclosure may, among other things, risk harm to the historic resources or impede the use of a traditional religious site by practitioners. Tribal entities should designate information that falls under section 304 of NHPA as confidential. INTERNATIONAL TRADE COMMISSION 10. BOEM’s Environmental Review Process Before deciding whether leases may be issued, BOEM will prepare an environmental assessment (EA) under NEPA (including public comment periods to determine the scope of the EA and to review and comment on the draft EA). The EA will analyze anticipated impacts from leasing and site characterization and assessment activities that BOEM may approve after a lease is issued. Site characterization activities include geophysical, geotechnical, archaeological, and biological surveys; site assessment activities include installation and operation of meteorological buoys. BOEM also will conduct appropriate consultations with Federal agencies and Tribal, State, and local governments during the EA. These consultations include, but are not limited to, those required by the Coastal Zone Management Act, the MagnusonStevens Fishery Conservation and Management Act, Endangered Species Act, section 106 of the NHPA, and Executive Order 13175, ‘‘Consultation and Coordination with Indian Tribal Governments.’’ Before BOEM may allow the construction of a wind energy project in the Call area, a construction and operations plan (COP) needs to be submitted and approved by BOEM. Prior to the approval of a COP, BOEM will need to consider the potential environmental effects of the construction and operation of any wind energy facility under a separate, projectspecific NEPA analysis. This analysis will include additional opportunities for public involvement and may result in PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 25433 [Investigation No. 337–TA–1351] Certain Active Matrix Organic LightEmitting Diode Display Panels and Modules for Mobile Devices, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant Samsung Display Co., Ltd.’s Motion for Leave To Amend the Complaint and Notice of 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 the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 8) granting a motion of complainant Samsung Display Co., Ltd. (‘‘Samsung Display’’) for leave to amend the complaint and notice of investigation. SUMMARY: Paul Lall, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2043. 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 3, 2023, the Commission instituted this investigation based on a complaint filed by Samsung Display of the Republic of Korea. 88 FR 7463–64 (Feb. 3, 2023). The complaint alleges 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, FOR FURTHER INFORMATION CONTACT: E:\FR\FM\26APN1.SGM 26APN1 ddrumheller on DSK120RN23PROD with NOTICES1 25434 Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Notices or sale within the United States after importation of certain active matrix organic light-emitting diode display panels and modules for mobile devices, and components thereof by reason of the infringement of certain claims of U.S. Patent Nos. 9,818,803; 10,854,683; 7,414,599; and 9,330,593. Id. The Commission’s notice of investigation named the following respondents: AptAbility LLC d/b/a MobileSentrix of Chantilly, VA (‘‘Apt-Ability’’); Mobile Defenders, LLC of Caledonia, MI (‘‘Mobile Defenders’’); DFW Imports LLC d/b/a DFW Cellphone and Parts of Dallas, TX (‘‘DFW Imports’’); Electronics Universe, Inc. d/b/a Fixez.com of Las Vegas, NV and Electronics Universe, Inc. d/b/a Repairs Universe, Inc. of Las Vegas, NV (‘‘Electronics Universe’’); eTech Parts Plus LLC of Southlake, TX (‘‘eTech Parts Plus’’); Gadgetfix Corp. of Irvine, CA (‘‘Gadgetfix’’); Injured Gadgets, LLC of Norcross, GA (‘‘Injured Gadgets’’); LCTech International Inc. d/b/a SEGMobile.com of City of Industry, CA (‘‘LCTech International’’); Parts4Cells Inc. of Houston, TX (‘‘Parts4Cells’’); Phone LCD Parts LLC of Wayne, NJ; Parts4LCD of Wayne, NJ; Wholesale Gadget Parts, Inc. of Bixby, OK (‘‘Wholesale Gadget Parts’’); Group Vertical, LLC of Grand Rapids, MI; Sourcely Plus, LLC of Tempe, AZ; Captain Mobile Parts, Inc. of Dallas, TX; and Mengtor Inc. of El Monte, CA. Id. The Office of Unfair Import Investigations (‘‘OUII’’ or ‘‘Staff’’) was also named as a party in this investigation. Id. On March 15, 2023, the presiding ALJ granted Mianyang BOE Optoelectronics Technology Co., Ltd.’s (‘‘Mianyang BOE’’) unopposed motion to intervene as a respondent in this investigation and accorded Mianyang BOE respondent status. (Order No. 7) (Mar. 15, 2023) unreviewed by, Comm’n Notice (Mar. 22, 2023). On March 10, 2023, Samsung Display moved for leave to amend the complaint and notice of investigation to add allegations of infringement related to claims 1–6, 10, 12, 17, 19, 21–23, 40– 47, and 51–52 of U.S. Patent No. 11,594,578 (‘‘the ’578 patent’’). ID at 1. In its motion, Samsung argued that the ’578 patent recently issued and ‘‘is a continuation of two other patents (U.S. Patent Nos. 9,818,803 (‘the ’803 patent’) and 10,854,683 (‘the ’683 patent’)) asserted in this investigation.’’ Id. at 2. Samsung further claimed that it worked ‘‘diligently to prepare the instant motion’’ and that respondents ‘‘will not be prejudiced as the investigation is ‘in its early stages’ and ‘no new technologies or products will be VerDate Sep<11>2014 19:28 Apr 25, 2023 Jkt 259001 implicated by addition of the ’578 Patent.’ ’’ Id. at 2. On March 22, 2023, respondents AptAbility, Mobile Defenders, DFW Imports, Electronics Universe, eTech Parts Plus, Gadgetfix, Injured Gadgets, LCTech International, Parts4Cells, Phone LCD Parts LLC d/b/a Parts4LCD (together, ‘‘Phone LCD Parts’’), and Wholesale Gadget Parts (collectively, the ‘‘Participating Respondents’’) filed a response opposing the motion. Id. at 1. They argued that ‘‘the ’578 patent was allowed on December 23, 2022, almost three months ago, and before Samsung Display filed its complaint.’’ Id. at 2. They also claimed that ‘‘ ‘forcing [them] to defend against twenty-five additional claims would be burdensome and prejudicial.’ ’’ Id. at 3 (brackets in ID). They asked that if the motion is granted, the procedural schedule should be extended ‘‘to mitigate any prejudice.’’ Id. Also on March 22, 2023, Staff filed a response in support of Samsung Display’s motion. See id. at 2–3. The Staff argued that adding the ’578 patent is in the public interest ‘‘ ‘because doing so would allow for the efficient adjudication of all three patents.’ ’’ However, the Staff requested that ‘‘the parties be permitted to submit a joint proposal regarding a revised procedural schedule’’ to avoid any prejudice to respondents. See id. at 3. ‘‘Respondent [Mianyang BOE] filed a notice of joinder as to the Participating Respondents’ opposition on March 23, 2023.’’ Id. at 1–2. On March 28, 2023, the ALJ issued the subject ID (Order No. 8), granting Samsung Display’s motion. The ID finds that Samsung Display had established good cause for the proposed amendment pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)). As the ID explains, ‘‘[w]hile the ’578 patent was allowed in December, it formally issued on February 28, 2023. . . . Samsung Display could therefore not have asserted the ’578 patent at the time it filed its complaint or prior to institution of this investigation.’’ Id. at 4. The ID also states that ‘‘the ’578 patent is a continuation of the ’683 patent, which itself is a continuation of the ’803 patent.’’ Id. The ID notes that all three patents are ‘‘ ‘in the same family, name the same inventor, and share the same written description,’ and ‘[t]he products accused of infringing the ’578 Patent are the same as those accused of infringing the ’803 and ’683 Patents.’ ’’ Id. (brackets in ID). However, the ID determines that ‘‘to avoid prejudicing the Participating Respondents (and Staff), an extension of the procedural schedule is warranted.’’ Id. at 5. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 No party filed a petition for review of the subject ID. The Commission has determined not to review the subject ID. Pursuant to Commission Rule 210.14, the Notice of Investigation is amended to include claims 1–6, 10, 12, 17, 19, 21–23, 40– 47, and 51–52 of the ’578 patent. The Commission vote for this determination took place on April 20, 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: April 20, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–08733 Filed 4–25–23; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Quarterly Census of Employment and Wages Business Supplement Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Bureau of Labor Statistics (BLS)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before May 26, 2023. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the SUMMARY: E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25433-25434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08733]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1351]


Certain Active Matrix Organic Light-Emitting Diode Display Panels 
and Modules for Mobile Devices, and Components Thereof; Notice of a 
Commission Determination Not To Review an Initial Determination 
Granting Complainant Samsung Display Co., Ltd.'s Motion for Leave To 
Amend the Complaint and Notice of 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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 8) 
granting a motion of complainant Samsung Display Co., Ltd. (``Samsung 
Display'') for leave to amend the complaint and notice of 
investigation.

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. 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: On February 3, 2023, the Commission 
instituted this investigation based on a complaint filed by Samsung 
Display of the Republic of Korea. 88 FR 7463-64 (Feb. 3, 2023). The 
complaint alleges 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,

[[Page 25434]]

or sale within the United States after importation of certain active 
matrix organic light-emitting diode display panels and modules for 
mobile devices, and components thereof by reason of the infringement of 
certain claims of U.S. Patent Nos. 9,818,803; 10,854,683; 7,414,599; 
and 9,330,593. Id. The Commission's notice of investigation named the 
following respondents: Apt-Ability LLC d/b/a MobileSentrix of 
Chantilly, VA (``Apt-Ability''); Mobile Defenders, LLC of Caledonia, MI 
(``Mobile Defenders''); DFW Imports LLC d/b/a DFW Cellphone and Parts 
of Dallas, TX (``DFW Imports''); Electronics Universe, Inc. d/b/a 
Fixez.com of Las Vegas, NV and Electronics Universe, Inc. d/b/a Repairs 
Universe, Inc. of Las Vegas, NV (``Electronics Universe''); eTech Parts 
Plus LLC of Southlake, TX (``eTech Parts Plus''); Gadgetfix Corp. of 
Irvine, CA (``Gadgetfix''); Injured Gadgets, LLC of Norcross, GA 
(``Injured Gadgets''); LCTech International Inc. d/b/a SEGMobile.com of 
City of Industry, CA (``LCTech International''); Parts4Cells Inc. of 
Houston, TX (``Parts4Cells''); Phone LCD Parts LLC of Wayne, NJ; 
Parts4LCD of Wayne, NJ; Wholesale Gadget Parts, Inc. of Bixby, OK 
(``Wholesale Gadget Parts''); Group Vertical, LLC of Grand Rapids, MI; 
Sourcely Plus, LLC of Tempe, AZ; Captain Mobile Parts, Inc. of Dallas, 
TX; and Mengtor Inc. of El Monte, CA. Id. The Office of Unfair Import 
Investigations (``OUII'' or ``Staff'') was also named as a party in 
this investigation. Id.
    On March 15, 2023, the presiding ALJ granted Mianyang BOE 
Optoelectronics Technology Co., Ltd.'s (``Mianyang BOE'') unopposed 
motion to intervene as a respondent in this investigation and accorded 
Mianyang BOE respondent status. (Order No. 7) (Mar. 15, 2023) 
unreviewed by, Comm'n Notice (Mar. 22, 2023).
    On March 10, 2023, Samsung Display moved for leave to amend the 
complaint and notice of investigation to add allegations of 
infringement related to claims 1-6, 10, 12, 17, 19, 21-23, 40-47, and 
51-52 of U.S. Patent No. 11,594,578 (``the '578 patent''). ID at 1. In 
its motion, Samsung argued that the '578 patent recently issued and 
``is a continuation of two other patents (U.S. Patent Nos. 9,818,803 
(`the '803 patent') and 10,854,683 (`the '683 patent')) asserted in 
this investigation.'' Id. at 2. Samsung further claimed that it worked 
``diligently to prepare the instant motion'' and that respondents 
``will not be prejudiced as the investigation is `in its early stages' 
and `no new technologies or products will be implicated by addition of 
the '578 Patent.' '' Id. at 2.
    On March 22, 2023, respondents Apt-Ability, Mobile Defenders, DFW 
Imports, Electronics Universe, eTech Parts Plus, Gadgetfix, Injured 
Gadgets, LCTech International, Parts4Cells, Phone LCD Parts LLC d/b/a 
Parts4LCD (together, ``Phone LCD Parts''), and Wholesale Gadget Parts 
(collectively, the ``Participating Respondents'') filed a response 
opposing the motion. Id. at 1. They argued that ``the '578 patent was 
allowed on December 23, 2022, almost three months ago, and before 
Samsung Display filed its complaint.'' Id. at 2. They also claimed that 
`` `forcing [them] to defend against twenty-five additional claims 
would be burdensome and prejudicial.' '' Id. at 3 (brackets in ID). 
They asked that if the motion is granted, the procedural schedule 
should be extended ``to mitigate any prejudice.'' Id.
    Also on March 22, 2023, Staff filed a response in support of 
Samsung Display's motion. See id. at 2-3. The Staff argued that adding 
the '578 patent is in the public interest `` `because doing so would 
allow for the efficient adjudication of all three patents.' '' However, 
the Staff requested that ``the parties be permitted to submit a joint 
proposal regarding a revised procedural schedule'' to avoid any 
prejudice to respondents. See id. at 3.
    ``Respondent [Mianyang BOE] filed a notice of joinder as to the 
Participating Respondents' opposition on March 23, 2023.'' Id. at 1-2.
    On March 28, 2023, the ALJ issued the subject ID (Order No. 8), 
granting Samsung Display's motion. The ID finds that Samsung Display 
had established good cause for the proposed amendment pursuant to 
Commission Rule 210.14(b) (19 CFR 210.14(b)). As the ID explains, 
``[w]hile the '578 patent was allowed in December, it formally issued 
on February 28, 2023. . . . Samsung Display could therefore not have 
asserted the '578 patent at the time it filed its complaint or prior to 
institution of this investigation.'' Id. at 4. The ID also states that 
``the '578 patent is a continuation of the '683 patent, which itself is 
a continuation of the '803 patent.'' Id. The ID notes that all three 
patents are `` `in the same family, name the same inventor, and share 
the same written description,' and `[t]he products accused of 
infringing the '578 Patent are the same as those accused of infringing 
the '803 and '683 Patents.' '' Id. (brackets in ID). However, the ID 
determines that ``to avoid prejudicing the Participating Respondents 
(and Staff), an extension of the procedural schedule is warranted.'' 
Id. at 5.
    No party filed a petition for review of the subject ID.
    The Commission has determined not to review the subject ID. 
Pursuant to Commission Rule 210.14, the Notice of Investigation is 
amended to include claims 1-6, 10, 12, 17, 19, 21-23, 40-47, and 51-52 
of the '578 patent.
    The Commission vote for this determination took place on April 20, 
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: April 20, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-08733 Filed 4-25-23; 8:45 am]
BILLING CODE 7020-02-P


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