Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 72537-72539 [2023-23150]

Download as PDF Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1318] Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on July 7, 2023, the presiding administrative law judge (‘‘ALJ’’) issued a combined final initial determination (‘‘ID’’) finding a violation of section 337 and recommended determination (‘‘RD’’) on remedy and bonding in the above-captioned investigation. The Commission has determined to review the final ID in part. The Commission requests written submissions from the parties on the issues under review and submissions from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. 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 June 7, 2022, based on a complaint filed by Advanced Micro Devices, Inc. of Santa Clara, California and ATI Technologies ULC of Ontario, Canada (together, ‘‘AMD’’). 87 FR 34718–19 (June 7, 2022). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on certain graphics ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 systems, components thereof, and digital televisions containing the same by reason of infringement of certain claims of U.S. Patent Nos. 7,742,053 (‘‘the ’053 patent’’); 8,760,454 (‘‘the ’454 patent’’); 11,184,628 (‘‘the 628 patent’’); 8,468,547 (‘‘the ’547 patent’’); and 8,854,381 (‘‘the ’381 patent’’). Id. at 34718. The complaint further alleges that a domestic industry (‘‘DI’’) exists. Id. The notice of investigation (‘‘NOI’’) named 14 respondents: (1) TCL Industries Holdings Co., Ltd. of Guangdong, China; (2) TCL Industries Holdings (H.K.) Co. Limited of Hong Kong, China; (3) TCL Electronics Holdings Ltd. f/k/a TCL Multimedia Technology Holdings, Ltd. of Hong Kong, China; (4) TCL Technology Group Corporation of Guangdong, China; (5) TTE Corporation of Hong Kong, China; (6) TCL Holdings (BVI) Ltd. of Hong Kong, China; (7) TCL King Electrical Appliances (Huizhou) Co. Ltd. of Guangdong, China; (8) Shenzhen TCL New Technology Co., Ltd. of Guangdong, China; (9) TCL MOKA International Ltd. of Hong Kong, China; (10) TCL Smart Device (Vietnam) Co., Ltd. of Binh Duong Province, Vietnam; (11) Manufacturas Avanzadas SA de CV of Chihuahua, Mexico; (12) TCL Electronics Mexico, S de RL de CV of Benito Juarez, Mexico; (13) TCL Overseas Marketing Ltd. of Hong Kong, China (collectively, ‘‘TCL’’); and (14) RealTek Semiconductor Corporation of Hsinchu, Taiwan (‘‘Realtek’’). Id. at 34719, as amended, 87 FR 62452–53 (Oct. 14, 2022). The Office of Unfair Import Investigations is not named as a party to this investigation. 87 FR at 34719. On August 4, 2022, the Commission terminated the investigation as to the ’454 patent. See Order No. 10 (July 14, 2022), unreviewed by Comm’n Notice (Aug. 4, 2022). On September 26, 2022, the Commission allowed non-party TTE Technology, Inc. of Corona, California to intervene in this investigation as an additional respondent (collectively, with all others, ‘‘Respondents’’). See Order No. 17 (Aug. 30, 2022), unreviewed by Comm’n Notice (Sept. 26, 2022). On October 7, 2022, the Commission terminated the investigation as to claims 17–21 of the ’547 patent and amended the complaint and NOI to correct the names of two respondents by changing ‘‘TCL Industries Holdings (H.K.) Limited’’ to ‘‘TCL Industries Holdings (H.K.) Co. Limited,’’ and ‘‘Shenzhen TCL New Technologies Co., Ltd.’’ to ‘‘Shenzhen TCL New Technology Co., Ltd.’’. See Order Nos. 23 (Sept. 20, 2022) PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 72537 and 24 (Sept. 20, 2022), unreviewed by 87 FR 62452–53 (Oct. 14, 2022). On February 22, 2023, the Commission terminated the investigation as to the ’547 patent. See Order No. 56 (Jan. 24, 2023), unreviewed by Comm’n Notice (Feb. 22, 2023). On March 7, 2023, the Commission terminated the investigation as to claims 1–4 and 7 of the ’053 patent and claims 8, 11, and 12 of the ’628 patent. See Order No. 64 (Feb. 7, 2023), unreviewed by Comm’n Notice (Mar. 7, 2023). On March 15, 2023, the Commission granted summary determination that the economic prong of the DI requirement has been satisfied in this investigation as to the remaining asserted patents— i.e., the ’053, ’628, and ’381 patents. See Order No. 62 (Feb. 6, 2023), aff’d by Comm’n Notice (Mar. 15, 2023). On March 30, 2023, the Commission terminated the investigation as to claim 8 of the ’053 patent and claim 18 of the ’381 patent. See Order No. 70 (Mar. 14, 2023), unreviewed by Comm’n Notice (Mar. 30, 2023). On April 19, 2023, the Commission terminated the investigation as to the ’628 patent. See Order No. 72 (Apr. 3, 2023), unreviewed by Comm’n Notice (Apr. 19, 2023). On July 7, 2023, the ALJ issued the subject final ID on violation and RD on remedy and bonding. The ID finds no violation of section 337 as to the ’053 patent, but does find a violation as to claims 19 and 20 of the ’381 patent. The RD recommends that, should the Commission determine that a violation of section 337 has occurred, the Commission should: (i) issue a limited exclusion order against the Respondents’ infringing products; (ii) issue a cease and desist order against all the Respondents, except for Realtek and TTE; and (iii) issue no bond for importations of infringing products during the period of Presidential review. On July 21, 2023, AMD filed a contingent petition seeking review of certain findings in the ID, including non-infringement of the asserted claims of the ’053 patent and claim construction and invalidity as to claims 15–17 of the ’381 patent. That same day, Respondents filed a petition seeking review of certain of the ID’s findings concerning claim construction, infringement, validity, and the technical prong of the DI requirement as to claims 19 and 20 of the ’381 patent. Respondents also contingently petition for review of certain findings on claim construction, infringement, validity, and the technical prong of the DI requirement as to the asserted claims of the ’053 patent and claims 15–17 of the ’381 patent. On July 31, 2023, AMD and E:\FR\FM\20OCN1.SGM 20OCN1 72538 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices Respondents each filed a response opposing the other’s petition. The Commission did not receive submissions on the public interest from the parties pursuant to Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4). The Commission also did not receive any submissions on the public interest from members of the public in response to the Commission’s Federal Register notice. See 88 FR 48262–63 (July 26, 2023). Having reviewed the record of the investigation, including the final ID, the parties’ submissions to the ALJ, the petitions, and the responses thereto, the Commission has determined to review the ID in part. Specifically, the Commission has determined to review the ID’s findings regarding the construction of limitation 5[c] (‘‘a plurality of command processing engines, coupled to the arbiter, each operable to receive and process the command thread’’), as well as infringement and satisfaction of the technical prong of the DI requirement with respect to limitation 5[c] of claim 5 of the ’053 patent. On review, the Commission has determined to take no position on those issues. The Commission has also determined to review the ID’s finding regarding infringement of claim 19 of the ’381 patent. The Commission has determined not to review the remaining findings in the ID. In connection with its review, the Commission requests responses to the following question. The parties are requested to brief their positions with reference to the applicable law and the existing evidentiary record. ddrumheller on DSK120RN23PROD with NOTICES1 (1) Whether the accused products practice the limitation ‘‘based on respective state data associated with each of the first [graphicsprocessing task] and second [generalcompute] tasks’’ as required by claim 19 of the ’381 patent under the ID’s construction of ‘‘based on respective state data.’’ Provide citations to record evidence in support of your position. The parties are invited to brief only the discrete issue requested above. The parties are not to brief other issues on review, which are adequately presented in the parties’ existing filings. In connection with the final disposition of this investigation, the statute authorizes issuance of, inter alia, (1) an exclusion order that could result in the exclusion of the subject articles from entry into the United States; and/ or (2) cease and desist orders that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 7–10 (Dec. 1994). The statute requires the Commission to consider the effects of that remedy upon the public interest. The public interest factors the Commission will consider include the effect that an exclusion order and cease and desist orders would have on: (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve, disapprove, or take no action on the Commission’s determination. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submissions on the issue identified in this notice. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding. In its initial written submission, AMD is also requested to identify the remedy sought and to submit proposed remedial orders for the Commission’s consideration. AMD is further requested to state the dates that the asserted patents expire, to provide the HTSUS PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 subheadings under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in this investigation. The initial written submissions and proposed remedial orders must be filed no later than close of business on October 30, 2023. Reply submissions must be filed no later than the close of business on November 6, 2023. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Opening submissions are limited to 40 pages. Reply submissions are limited to 25 pages. No further submissions on any of these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the investigation number (Inv. No. 337– TA–1318) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed with the Commission and served on any parties to the investigation within two business days of any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. The Commission vote for this determination took place on October 16, 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: October 16, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–23150 Filed 10–19–23; 8:45 am] BILLING CODE 7020–02–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 23–106] National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. AGENCY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections. DATES: Comments are due by November 20, 2023. ADDRESSES: Written comments and recommendations for this 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. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should 18:20 Oct 19, 2023 Jkt 262001 I. Abstract The ESODIS customer satisfaction survey is performed each year (2023 is the 20th collection) under the auspices of NASA HQ as one of their metrics reported to OMB as a part of the Reduction of Paperwork Act. In this survey, the public users of the EOSDIS system (through the 12 Distributed Active Archive Centers—DAACs) are encouraged to answer specific questions that aid NASA discern the overall user satisfaction of its Earth data system. NASA through DOI/FCG contracts the management of this survey to a private survey entity (CFI) so that the respondents are assured the survey and its results are collected in a unbiased manner. The survey has two portions, a general section of questions to understand aspects of the data system the user has engaged with, and a second section that is created by each of the 12 DAACs so that these centers can address specific types of questions for that science domain community. II. Methods of Collection The collection of data from our respondents to wholly performed using an on-line, internet-based system that is developed and hosted by CFI. Information Collection: NASA Earth Observing System Data and Information System 2023 Customer Satisfaction Questionnaire VerDate Sep<11>2014 be directed to Bill Edwards-Bodmer, NASA Clearance Officer, NASA Headquarters, 300 E Street SW, JF0000, Washington, DC 20546, 757–864–7998, or b.edwards-bodmer@nasa.gov. SUPPLEMENTARY INFORMATION: III. Data Title: The Annual EOSDIS Customer Satisfaction (ACSI) User Survey. OMB Number: 2700–xxxx. Type of review: New. Affected Public: Individuals. Estimated Annual Number of Activities: 10,000. Estimated Number of Respondents per Activity: 1. Annual Responses: 10,000. Estimated Time per Response: 15 minutes. Estimated Total Annual Burden Hours: 2,500. Estimated Total Annual Cost: $118,000. IV. Request for Comments Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA’s estimate of the burden (including hours and cost) of the proposed collection of information; (3) ways to enhance the quality, utility, and PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 72539 clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. William Edwards-Bodmer, NASA PRA Clearance Officer. [FR Doc. 2023–23241 Filed 10–19–23; 8:45 am] BILLING CODE 7510–13–P NATIONAL SCIENCE FOUNDATION Sunshine Act Meetings The National Science Board’s (NSB) NSB–NSF Commission on Merit Review hereby gives notice of the scheduling of a videoconference meeting for the transaction of National Science Board business pursuant to the National Science Foundation Act and the Government in the Sunshine Act. TIME AND DATE: Wednesday, October 25, 2023, from 12 p.m.–1 p.m. EDT. PLACE: This meeting will be held by videoconference through the National Science Foundation. STATUS: Open. MATTERS TO BE CONSIDERED: The agenda of the meeting is: Commission Chair’s opening remarks; Discussion of the evaluation of Merit Review criteria; Commission Chair’s closing remarks. CONTACT PERSON FOR MORE INFORMATION: Point of contact for this meeting is: (Chris Blair, cblair@nsf.gov), 703/292– 7000. Members of the public can observe this meeting through a YouTube livestream. The YouTube link will be available from the NSB web page. Christopher Blair, Executive Assistant to the National Science Board Office. [FR Doc. 2023–23310 Filed 10–18–23; 11:15 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [NRC–2023–0001] Sunshine Act Meetings Weeks of October 23, 30, November 6, 13, 20, 27, 2023. The schedule for Commission meetings is subject to change on short notice. The NRC Commission Meeting Schedule can TIME AND DATE: E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72537-72539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23150]



[[Page 72537]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1318]


Certain Graphics Systems, Components Thereof, and Digital 
Televisions Containing the Same; Notice of Commission Determination To 
Review in Part a Final Initial Determination Finding a Violation of 
Section 337; Request for Written Submissions on the Issues Under Review 
and on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that on July 7, 2023, the presiding 
administrative law judge (``ALJ'') issued a combined final initial 
determination (``ID'') finding a violation of section 337 and 
recommended determination (``RD'') on remedy and bonding in the above-
captioned investigation. The Commission has determined to review the 
final ID in part. The Commission requests written submissions from the 
parties on the issues under review and submissions from the parties, 
interested government agencies, and interested persons on the issues of 
remedy, the public interest, and bonding, under the schedule set forth 
below.

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 June 7, 2022, based on a complaint filed by Advanced Micro Devices, 
Inc. of Santa Clara, California and ATI Technologies ULC of Ontario, 
Canada (together, ``AMD''). 87 FR 34718-19 (June 7, 2022). The 
complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based 
on certain graphics systems, components thereof, and digital 
televisions containing the same by reason of infringement of certain 
claims of U.S. Patent Nos. 7,742,053 (``the '053 patent''); 8,760,454 
(``the '454 patent''); 11,184,628 (``the 628 patent''); 8,468,547 
(``the '547 patent''); and 8,854,381 (``the '381 patent''). Id. at 
34718. The complaint further alleges that a domestic industry (``DI'') 
exists. Id. The notice of investigation (``NOI'') named 14 respondents: 
(1) TCL Industries Holdings Co., Ltd. of Guangdong, China; (2) TCL 
Industries Holdings (H.K.) Co. Limited of Hong Kong, China; (3) TCL 
Electronics Holdings Ltd. f/k/a TCL Multimedia Technology Holdings, 
Ltd. of Hong Kong, China; (4) TCL Technology Group Corporation of 
Guangdong, China; (5) TTE Corporation of Hong Kong, China; (6) TCL 
Holdings (BVI) Ltd. of Hong Kong, China; (7) TCL King Electrical 
Appliances (Huizhou) Co. Ltd. of Guangdong, China; (8) Shenzhen TCL New 
Technology Co., Ltd. of Guangdong, China; (9) TCL MOKA International 
Ltd. of Hong Kong, China; (10) TCL Smart Device (Vietnam) Co., Ltd. of 
Binh Duong Province, Vietnam; (11) Manufacturas Avanzadas SA de CV of 
Chihuahua, Mexico; (12) TCL Electronics Mexico, S de RL de CV of Benito 
Juarez, Mexico; (13) TCL Overseas Marketing Ltd. of Hong Kong, China 
(collectively, ``TCL''); and (14) RealTek Semiconductor Corporation of 
Hsinchu, Taiwan (``Realtek''). Id. at 34719, as amended, 87 FR 62452-53 
(Oct. 14, 2022). The Office of Unfair Import Investigations is not 
named as a party to this investigation. 87 FR at 34719.
    On August 4, 2022, the Commission terminated the investigation as 
to the '454 patent. See Order No. 10 (July 14, 2022), unreviewed by 
Comm'n Notice (Aug. 4, 2022).
    On September 26, 2022, the Commission allowed non-party TTE 
Technology, Inc. of Corona, California to intervene in this 
investigation as an additional respondent (collectively, with all 
others, ``Respondents''). See Order No. 17 (Aug. 30, 2022), unreviewed 
by Comm'n Notice (Sept. 26, 2022).
    On October 7, 2022, the Commission terminated the investigation as 
to claims 17-21 of the '547 patent and amended the complaint and NOI to 
correct the names of two respondents by changing ``TCL Industries 
Holdings (H.K.) Limited'' to ``TCL Industries Holdings (H.K.) Co. 
Limited,'' and ``Shenzhen TCL New Technologies Co., Ltd.'' to 
``Shenzhen TCL New Technology Co., Ltd.''. See Order Nos. 23 (Sept. 20, 
2022) and 24 (Sept. 20, 2022), unreviewed by 87 FR 62452-53 (Oct. 14, 
2022).
    On February 22, 2023, the Commission terminated the investigation 
as to the '547 patent. See Order No. 56 (Jan. 24, 2023), unreviewed by 
Comm'n Notice (Feb. 22, 2023). On March 7, 2023, the Commission 
terminated the investigation as to claims 1-4 and 7 of the '053 patent 
and claims 8, 11, and 12 of the '628 patent. See Order No. 64 (Feb. 7, 
2023), unreviewed by Comm'n Notice (Mar. 7, 2023).
    On March 15, 2023, the Commission granted summary determination 
that the economic prong of the DI requirement has been satisfied in 
this investigation as to the remaining asserted patents--i.e., the 
'053, '628, and '381 patents. See Order No. 62 (Feb. 6, 2023), aff'd by 
Comm'n Notice (Mar. 15, 2023).
    On March 30, 2023, the Commission terminated the investigation as 
to claim 8 of the '053 patent and claim 18 of the '381 patent. See 
Order No. 70 (Mar. 14, 2023), unreviewed by Comm'n Notice (Mar. 30, 
2023). On April 19, 2023, the Commission terminated the investigation 
as to the '628 patent. See Order No. 72 (Apr. 3, 2023), unreviewed by 
Comm'n Notice (Apr. 19, 2023).
    On July 7, 2023, the ALJ issued the subject final ID on violation 
and RD on remedy and bonding. The ID finds no violation of section 337 
as to the '053 patent, but does find a violation as to claims 19 and 20 
of the '381 patent. The RD recommends that, should the Commission 
determine that a violation of section 337 has occurred, the Commission 
should: (i) issue a limited exclusion order against the Respondents' 
infringing products; (ii) issue a cease and desist order against all 
the Respondents, except for Realtek and TTE; and (iii) issue no bond 
for importations of infringing products during the period of 
Presidential review.
    On July 21, 2023, AMD filed a contingent petition seeking review of 
certain findings in the ID, including non-infringement of the asserted 
claims of the '053 patent and claim construction and invalidity as to 
claims 15-17 of the '381 patent. That same day, Respondents filed a 
petition seeking review of certain of the ID's findings concerning 
claim construction, infringement, validity, and the technical prong of 
the DI requirement as to claims 19 and 20 of the '381 patent. 
Respondents also contingently petition for review of certain findings 
on claim construction, infringement, validity, and the technical prong 
of the DI requirement as to the asserted claims of the '053 patent and 
claims 15-17 of the '381 patent. On July 31, 2023, AMD and

[[Page 72538]]

Respondents each filed a response opposing the other's petition.
    The Commission did not receive submissions on the public interest 
from the parties pursuant to Commission Rule 210.50(a)(4), 19 CFR 
210.50(a)(4). The Commission also did not receive any submissions on 
the public interest from members of the public in response to the 
Commission's Federal Register notice. See 88 FR 48262-63 (July 26, 
2023).
    Having reviewed the record of the investigation, including the 
final ID, the parties' submissions to the ALJ, the petitions, and the 
responses thereto, the Commission has determined to review the ID in 
part. Specifically, the Commission has determined to review the ID's 
findings regarding the construction of limitation 5[c] (``a plurality 
of command processing engines, coupled to the arbiter, each operable to 
receive and process the command thread''), as well as infringement and 
satisfaction of the technical prong of the DI requirement with respect 
to limitation 5[c] of claim 5 of the '053 patent. On review, the 
Commission has determined to take no position on those issues. The 
Commission has also determined to review the ID's finding regarding 
infringement of claim 19 of the '381 patent. The Commission has 
determined not to review the remaining findings in the ID.
    In connection with its review, the Commission requests responses to 
the following question. The parties are requested to brief their 
positions with reference to the applicable law and the existing 
evidentiary record.

    (1) Whether the accused products practice the limitation ``based 
on respective state data associated with each of the first 
[graphics-processing task] and second [general-compute] tasks'' as 
required by claim 19 of the '381 patent under the ID's construction 
of ``based on respective state data.'' Provide citations to record 
evidence in support of your position.

The parties are invited to brief only the discrete issue requested 
above. The parties are not to brief other issues on review, which are 
adequately presented in the parties' existing filings.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of, inter alia, (1) an exclusion order that 
could result in the exclusion of the subject articles from entry into 
the United States; and/or (2) cease and desist orders that could result 
in the respondents being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
at 7-10 (Dec. 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order and 
cease and desist orders would have on: (1) the public health and 
welfare, (2) competitive conditions in the U.S. economy, (3) U.S. 
production of articles that are like or directly competitive with those 
that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issue identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding.
    In its initial written submission, AMD is also requested to 
identify the remedy sought and to submit proposed remedial orders for 
the Commission's consideration. AMD is further requested to state the 
dates that the asserted patents expire, to provide the HTSUS 
subheadings under which the accused products are imported, and to 
supply the identification information for all known importers of the 
products at issue in this investigation.
    The initial written submissions and proposed remedial orders must 
be filed no later than close of business on October 30, 2023. Reply 
submissions must be filed no later than the close of business on 
November 6, 2023. No further submissions on these issues will be 
permitted unless otherwise ordered by the Commission. Opening 
submissions are limited to 40 pages. Reply submissions are limited to 
25 pages. No further submissions on any of these issues will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1318) in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the 
Commission and served on any parties to the investigation within two 
business days of any confidential filing. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for purposes 
of this investigation may be disclosed to and used: (i) by the 
Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in

[[Page 72539]]

internal investigations, audits, reviews, and evaluations relating to 
the programs, personnel, and operations of the Commission including 
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and 
contract personnel, solely for cybersecurity purposes. All contract 
personnel will sign appropriate nondisclosure agreements. All 
nonconfidential written submissions will be available for public 
inspection on EDIS.
    The Commission vote for this determination took place on October 
16, 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: October 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-23150 Filed 10-19-23; 8:45 am]
BILLING CODE 7020-02-P

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