Certain Computer Network Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same; Notice of Commission Determination To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation, 85913-85914 [2023-27050]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices
comment on the public interest after the
issuance of any final initial
determination in this investigation. Any
written submissions on other issues
must also be filed by no later than the
close of business, eight calendar days
after publication of this notice in the
Federal Register. Complainant may file
replies to any written submissions no
later than three calendar days after the
date on which any initial submissions
were due, notwithstanding § 201.14(a)
of the Commission’s Rules of Practice
and Procedure. No other submissions
will be accepted, unless requested by
the Commission. Any submissions and
replies filed in response to this Notice
are limited to five (5) pages in length,
inclusive of attachments.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. Submissions should refer
to the docket number (‘‘Docket No.
3710’’) in a prominent place on the
cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, Electronic Filing
Procedures) 1. Please note the
Secretary’s Office will accept only
electronic filings during this time.
Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov.) No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice. Persons with questions
regarding filing should contact the
Secretary at EDIS3Help@usitc.gov.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. 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
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
1 Handbook
for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
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17:35 Dec 08, 2023
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the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel,2 solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.3
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: December 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–27109 Filed 12–8–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1314]
Certain Computer Network Security
Equipment and Systems, Related
Software, Components Thereof, and
Products Containing Same; Notice of
Commission Determination To Review
in Part and, on Review, To Affirm a
Final Initial Determination Finding No
Violation of Section 337; 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 to review
in part a final initial determination
(‘‘Final ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’)
finding no violation of section 337 of
the Tariff Act of 1930, with respect to
U.S. Patent Nos. 9,264,370 (‘‘the ’370
patent’’); 10,193,917 (‘‘the ’917 patent’’);
and 10,284,526 (‘‘the ’526 patent’’). On
review, the Commission has determined
to take no position regarding whether
the economic prong of the domestic
industry requirement is satisfied, and to
affirm under modified reasoning the
Final ID’s finding of no violation of
section 337 with respect to those
patents. This investigation is
terminated.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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85913
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 May
24, 2022, the Commission instituted this
investigation based on a complaint, as
amended and supplemented, filed on
behalf of Centripetal Networks, Inc. of
Reston, Virginia. 87 FR 31581–82 (May
24, 2022). The complaint alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘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 computer network security
equipment and systems, related
software, components thereof, and
products containing the same that
infringe certain claims of the ’370
patent, the ’917 patent, and the ’526
patent. Id. at 31581. The complaint also
alleged that a domestic industry exists.
Id. The Commission’s notice of
investigation names Keysight
Technologies, Inc. of Santa Rosa,
California (‘‘Keysight’’) as a respondent.
Id. The Office of Unfair Import
Investigations (‘‘OUII’’) is participating
in this investigation. Id.
On January 20, 2023, the complainant
provided notice that it changed its name
to Centripetal Networks, LLC
(‘‘Centripetal’’). Complainant’s Notice of
Corporate Name Change (Jan. 20, 2023).
On March 6, 2023, the Commission
granted the complainant’s motion to
amend the complainant and notice of
the investigation to reflect the name
change. Order No. 32 (Feb. 3, 2023),
unreviewed by Comm’n Notice (Mar. 6,
2023).
Centripetal originally asserted that
Keysight violated section 337 based on
infringement of claims 22–27, 42–48,
and 63 of the ’370 patent; claims 1, 5,
11, 15, and 20 of the ’917 patent; and
claims 1–3, 6, 11–13, and 16 of the ’526
patent. 87 FR at 31581–82. The
Commission previously terminated the
investigation with respect to claims 23–
27, 42, 44–48, and 63 of the ’370 patent,
claims 1, 5, and 15 of the ’917 patent,
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and claims 2, 6 and 12 of the ’526 patent
based on Centripetal’s partial
withdrawal of the complaint. Order No.
27 (Jan. 27, 2023), unreviewed by
Comm’n Notice (Feb. 24, 2023); Order
No. 39 (Feb. 27, 2023), unreviewed by
Comm’n Notice (Mar. 29, 2023).
Accordingly, at the time of the
evidentiary hearing, claims 22 and 43 of
the ’370 patent, claims 11 and 20 of the
’917 patent, and claims 1, 3, 11, 13, and
16 of the ’526 patent remained at issue.
On September 26, 2022, the ALJ
conducted a Markman hearing. On
February 22, 2023, the ALJ issued a
claim construction order. Order No. 37
(Feb. 22, 2023). The ALJ held an
evidentiary hearing on March 1–3 and
6–7, 2023.
On August 8, 2023, the ALJ issued the
Final ID finding no violation of section
337 with respect to any asserted patent.
Specifically, the Final ID finds that: (1)
with respect to the ’370 patent, claims
22 and 43 are not infringed and are
invalid for being directed to
unpatentable subject matter under 35
U.S.C. 101, and the technical prong of
the domestic industry requirement is
not satisfied; (2) with respect to the ’917
patent claims 11 and 20 are infringed
and the technical prong of the domestic
industry requirement is satisfied, but
the asserted claims are invalid as
obvious under 35 U.S.C. 103; and (3)
with respect to the ’526 patent, claims
1, 3, 11, 13, and 16 of the ’526 patent
are not infringed and are invalid as
anticipated under 35 U.S.C. 102, but the
technical prong of the domestic industry
requirement is satisfied. Finally, the
Final ID finds that Centripetal has
satisfied the economic prong of the
domestic industry requirement under
Section 337(a)(3)(A) and (B) with
respect to each of the asserted patents.
The ALJ recommended that, if the
Commission were to find a violation of
section 337, the Commission should
issue a limited exclusion order and
cease and desist order with respect to
Keysight. The ALJ also recommended
that, should a violation be found, the
bond rate be set at a 100 percent of
entered value of the products imported
during the period of Presidential review.
On August 14, 2023, the Commission
requested comments from the public
and interested government agencies
regarding any public interest issues
raised by the ALJ’s recommended
determination on remedy and bonding.
88 FR 55067–68 (Aug. 14, 2023). The
Commission received no comments
from the public or government agencies.
On September 7, 2023, Centripetal and
Keysight provided comments on the
public interest pursuant to Commission
Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
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On August 23, 2023, Centripetal filed
a petition for review challenging the
Final ID’s findings that: (1) the ’370
patent claims are not infringed or
invalid for being directed to
unpatentable subject matter, and that
the technical prong of the domestic
industry requirement is not satisfied as
to that patent; (2) the ’917 patent claims
are invalid for obviousness; and (3) the
’526 claims are not infringed and
invalid for anticipation. On September
1, 2023, Keysight and OUII filed
responses opposing the petition for
review.
Having examined the record of this
investigation, including the ALJ’s Final
ID, the petitions for review, and the
responses thereto, the Commission has
determined to review the Final ID in
part and, on review, to affirm the Final
ID’s finding of no violation. Specifically,
the Commission reviews the Final ID’s
finding that Centripetal waived its
argument that the Check Point R77.30
prior art software does not satisfy the
limitation ‘‘creat[ing] the list of the
identification data based on the received
at least one list of network addresses
and/or domain names’’ in claims 3 and
13 of the ’526 patent. The Final ID finds
waiver because Centripetal failed to
contest that limitation in its prehearing
brief. Id. at 203–204. Centripetal,
however, showed that it argued in its
prehearing brief that the Application
and URL Filter do not satisfy the claim
language because that functionality is
performed after decryption. Pet. at 76.
Accordingly, the Commission
determines to review the Final ID’s
finding of waiver, and, on review, finds
that Centripetal did not waive its
argument.
The Commission, however,
determines to affirm under modified
reasoning the Final ID’s finding that
Check Point R77.30 satisfies the
limitation ‘‘creat[ing] the list of the
identification data based on the received
at least one list of network addresses
and/or domain names.’’ In addition to
the reasons found in the Final ID, and
as argued by OUII, the Application and
URL Filter satisfy the claim language
because the filter uses category-based
rules based on a subscription service to
determine what traffic to decrypt and
inspect. See RX–0529.0039–41
(describing a HTTPS inspection policy
with rules that use subscription-service
categories to inspect traffic); id. at .0035
(explaining that HTTPS inspection
involves decrypting data, inspecting the
clear text, and re-encrypting the data).
The Commission has also determined
to review the Final ID’s finding that the
economic prong of the domestic
industry requirement is satisfied. On
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Sfmt 4703
review, the Commission has determined
to take no position as to whether the
economic prong of the domestic
industry requirement is satisfied.
The Commission has determined not
to review the remainder of the Final ID.
Consequently, the Commission finds no
violation of section 337 with respect to
any asserted patent. This investigation
is hereby terminated with a finding of
no violation of section 337.
The Commission vote for this
determination took place on December
5, 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: December 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–27050 Filed 12–8–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–1607–1611
(Final)]
Boltless Steel Shelving Units
Prepackaged for Sale From India,
Malaysia, Taiwan, Thailand, and
Vietnam; Scheduling of the Final
Phase of Antidumping Duty
Investigations
International Trade
Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping investigation Nos.
731–TA–1607–1611 (Final) pursuant to
the Tariff Act of 1930 (‘‘the Act’’) to
determine whether an industry in the
United States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of imports of boltless steel
shelving units prepackaged for sale
(‘‘boltless steel shelving’’) from India,
Malaysia, Taiwan, Thailand, and
Vietnam, provided for in subheading
9403.20.00 of the Harmonized Tariff
Schedule of the United States. The
Department of Commerce (‘‘Commerce’’)
has preliminarily determined imports of
boltless steel shelving from Malaysia,
Taiwan, Thailand, and Vietnam to be
sold at less-than-fair value. In addition,
Commerce has made negative
SUMMARY:
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85913-85914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27050]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1314]
Certain Computer Network Security Equipment and Systems, Related
Software, Components Thereof, and Products Containing Same; Notice of
Commission Determination To Review in Part and, on Review, To Affirm a
Final Initial Determination Finding No Violation of Section 337;
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 to review in part a final initial
determination (``Final ID'') issued by the presiding administrative law
judge (``ALJ'') finding no violation of section 337 of the Tariff Act
of 1930, with respect to U.S. Patent Nos. 9,264,370 (``the '370
patent''); 10,193,917 (``the '917 patent''); and 10,284,526 (``the '526
patent''). On review, the Commission has determined to take no position
regarding whether the economic prong of the domestic industry
requirement is satisfied, and to affirm under modified reasoning the
Final ID's finding of no violation of section 337 with respect to those
patents. This 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 May 24, 2022, the Commission instituted
this investigation based on a complaint, as amended and supplemented,
filed on behalf of Centripetal Networks, Inc. of Reston, Virginia. 87
FR 31581-82 (May 24, 2022). The complaint alleged violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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 computer network security equipment and systems, related
software, components thereof, and products containing the same that
infringe certain claims of the '370 patent, the '917 patent, and the
'526 patent. Id. at 31581. The complaint also alleged that a domestic
industry exists. Id. The Commission's notice of investigation names
Keysight Technologies, Inc. of Santa Rosa, California (``Keysight'') as
a respondent. Id. The Office of Unfair Import Investigations (``OUII'')
is participating in this investigation. Id.
On January 20, 2023, the complainant provided notice that it
changed its name to Centripetal Networks, LLC (``Centripetal'').
Complainant's Notice of Corporate Name Change (Jan. 20, 2023). On March
6, 2023, the Commission granted the complainant's motion to amend the
complainant and notice of the investigation to reflect the name change.
Order No. 32 (Feb. 3, 2023), unreviewed by Comm'n Notice (Mar. 6,
2023).
Centripetal originally asserted that Keysight violated section 337
based on infringement of claims 22-27, 42-48, and 63 of the '370
patent; claims 1, 5, 11, 15, and 20 of the '917 patent; and claims 1-3,
6, 11-13, and 16 of the '526 patent. 87 FR at 31581-82. The Commission
previously terminated the investigation with respect to claims 23-27,
42, 44-48, and 63 of the '370 patent, claims 1, 5, and 15 of the '917
patent,
[[Page 85914]]
and claims 2, 6 and 12 of the '526 patent based on Centripetal's
partial withdrawal of the complaint. Order No. 27 (Jan. 27, 2023),
unreviewed by Comm'n Notice (Feb. 24, 2023); Order No. 39 (Feb. 27,
2023), unreviewed by Comm'n Notice (Mar. 29, 2023). Accordingly, at the
time of the evidentiary hearing, claims 22 and 43 of the '370 patent,
claims 11 and 20 of the '917 patent, and claims 1, 3, 11, 13, and 16 of
the '526 patent remained at issue.
On September 26, 2022, the ALJ conducted a Markman hearing. On
February 22, 2023, the ALJ issued a claim construction order. Order No.
37 (Feb. 22, 2023). The ALJ held an evidentiary hearing on March 1-3
and 6-7, 2023.
On August 8, 2023, the ALJ issued the Final ID finding no violation
of section 337 with respect to any asserted patent. Specifically, the
Final ID finds that: (1) with respect to the '370 patent, claims 22 and
43 are not infringed and are invalid for being directed to unpatentable
subject matter under 35 U.S.C. 101, and the technical prong of the
domestic industry requirement is not satisfied; (2) with respect to the
'917 patent claims 11 and 20 are infringed and the technical prong of
the domestic industry requirement is satisfied, but the asserted claims
are invalid as obvious under 35 U.S.C. 103; and (3) with respect to the
'526 patent, claims 1, 3, 11, 13, and 16 of the '526 patent are not
infringed and are invalid as anticipated under 35 U.S.C. 102, but the
technical prong of the domestic industry requirement is satisfied.
Finally, the Final ID finds that Centripetal has satisfied the economic
prong of the domestic industry requirement under Section 337(a)(3)(A)
and (B) with respect to each of the asserted patents.
The ALJ recommended that, if the Commission were to find a
violation of section 337, the Commission should issue a limited
exclusion order and cease and desist order with respect to Keysight.
The ALJ also recommended that, should a violation be found, the bond
rate be set at a 100 percent of entered value of the products imported
during the period of Presidential review.
On August 14, 2023, the Commission requested comments from the
public and interested government agencies regarding any public interest
issues raised by the ALJ's recommended determination on remedy and
bonding. 88 FR 55067-68 (Aug. 14, 2023). The Commission received no
comments from the public or government agencies. On September 7, 2023,
Centripetal and Keysight provided comments on the public interest
pursuant to Commission Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
On August 23, 2023, Centripetal filed a petition for review
challenging the Final ID's findings that: (1) the '370 patent claims
are not infringed or invalid for being directed to unpatentable subject
matter, and that the technical prong of the domestic industry
requirement is not satisfied as to that patent; (2) the '917 patent
claims are invalid for obviousness; and (3) the '526 claims are not
infringed and invalid for anticipation. On September 1, 2023, Keysight
and OUII filed responses opposing the petition for review.
Having examined the record of this investigation, including the
ALJ's Final ID, the petitions for review, and the responses thereto,
the Commission has determined to review the Final ID in part and, on
review, to affirm the Final ID's finding of no violation. Specifically,
the Commission reviews the Final ID's finding that Centripetal waived
its argument that the Check Point R77.30 prior art software does not
satisfy the limitation ``creat[ing] the list of the identification data
based on the received at least one list of network addresses and/or
domain names'' in claims 3 and 13 of the '526 patent. The Final ID
finds waiver because Centripetal failed to contest that limitation in
its prehearing brief. Id. at 203-204. Centripetal, however, showed that
it argued in its prehearing brief that the Application and URL Filter
do not satisfy the claim language because that functionality is
performed after decryption. Pet. at 76. Accordingly, the Commission
determines to review the Final ID's finding of waiver, and, on review,
finds that Centripetal did not waive its argument.
The Commission, however, determines to affirm under modified
reasoning the Final ID's finding that Check Point R77.30 satisfies the
limitation ``creat[ing] the list of the identification data based on
the received at least one list of network addresses and/or domain
names.'' In addition to the reasons found in the Final ID, and as
argued by OUII, the Application and URL Filter satisfy the claim
language because the filter uses category-based rules based on a
subscription service to determine what traffic to decrypt and inspect.
See RX-0529.0039-41 (describing a HTTPS inspection policy with rules
that use subscription-service categories to inspect traffic); id. at
.0035 (explaining that HTTPS inspection involves decrypting data,
inspecting the clear text, and re-encrypting the data).
The Commission has also determined to review the Final ID's finding
that the economic prong of the domestic industry requirement is
satisfied. On review, the Commission has determined to take no position
as to whether the economic prong of the domestic industry requirement
is satisfied.
The Commission has determined not to review the remainder of the
Final ID. Consequently, the Commission finds no violation of section
337 with respect to any asserted patent. This investigation is hereby
terminated with a finding of no violation of section 337.
The Commission vote for this determination took place on December
5, 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: December 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-27050 Filed 12-8-23; 8:45 am]
BILLING CODE 7020-02-P
