Certain Outdoor and Semi-Outdoor Electronic Displays, Products Containing Same, and Components Thereof; Notice of a Commission Determination Not To Review a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation, 15896-15898 [2024-04567]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 15896 Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices 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. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on June 11, 2024, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Tuesday, June 25, 2024. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Wednesday, June 19, 2024. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3 p.m. the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on VerDate Sep<11>2014 16:50 Mar 04, 2024 Jkt 262001 Thursday, June 20, 2024. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4 p.m. on June 24, 2024. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is June 18, 2024. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is July 2, 2024. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before July 2, 2024. On July 19, 2024, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before July 23, 2024, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: February 29, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–04577 Filed 3–4–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1331] Certain Outdoor and Semi-Outdoor Electronic Displays, Products Containing Same, and Components Thereof; Notice of a Commission Determination Not To Review a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation 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’’) final initial determination (‘‘FID’’) finding no violation of section 337 of the Tariff Act of 1930, as amended. The investigation is terminated with a finding of no violation. 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 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: The Commission instituted this investigation SUMMARY: E:\FR\FM\05MRN1.SGM 05MRN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices on September 23, 2022, based on a complaint filed on behalf of Manufacturing Resources International, Inc. (‘‘MRI’’) of Alpharetta, Georgia. 87 FR 58132–33 (Sept. 23, 2022). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on the importation into the United States, the sale for importation, or the sale within the United States after importation of certain outdoor and semi-outdoor electronic displays, products containing same, and components thereof with respect to certain claims of U.S. Patent Nos. 8,854,595 (‘‘the ’595 patent’’); 9,173,322 (‘‘the ’322 patent’’); 9,629,287 (‘‘the ’287 patent’’); 10,506,740 (‘‘the ’740 patent’’); and 11,013,142 (‘‘the ’142 patent’’) (collectively, the ‘‘Asserted Patents’’). The complaint further alleges that a domestic industry exists. The Commission’s notice of investigation (‘‘NOI’’) names seven (7) respondents, including: (1) Samsung Electronics Co., Ltd. (‘‘Samsung Electronics’’) of Gyeonggi-do, Republic of Korea; (2) Samsung SDS Co. Ltd. of Seoul, Republic of Korea; (3) Samsung SDS America, Inc. (‘‘Samsung SDS America’’) and Samsung Electronics America, Inc. (‘‘Samsung Electronics America’’), both of Ridgefield Park, New Jersey; (4) Coates Visual LLC (‘‘Coates Visual’’) of Chicago, Illinois; (5) Coates Signco Pty Limited of Sydney, Australia; and (6) Industrial Enclosure Corporation d/b/a Palmer Digital Group (‘‘Palmer Digital’’) of Aurora, Illinois. The Office of Unfair Import Investigations is not participating in the investigation. On November 10, 2022, the Commission terminated this investigation as to respondent Coates Visual and amended the complaint and NOI to add Coates US Inc. of Chicago, Illinois (‘‘Coates US’’) as a respondent. Order No. 6 (Oct. 24, 2022), unreviewed by Comm’n Notice (Nov. 10, 2022). The presiding ALJ held a Markman hearing on March 1, 2023. On May 15, 2023, the ALJ issued a Markman order construing certain disputed claim terms. Order No. 13 (May 15, 2023). On June 5, 2023, the Commission terminated this investigation as to respondents Samsung SDS Co. Ltd. and Coates Signco Pty Limited. Order Nos. 10–11 (May 4, 2023), unreviewed by Comm’n Notice (June 5, 2023). Order Nos. 10–11, issued on May 4, 2023, terminated only two respondents: Samsung SDS Co. Ltd. and Coates Signco Pty Limited. The Commission’s related notice, issued June 5, 2023, inadvertently terminated two additional respondents: Samsung SDS America, VerDate Sep<11>2014 16:50 Mar 04, 2024 Jkt 262001 Inc. and Coates US Inc. This notice corrects that error. Five respondents remain in the investigation (hereinafter, ‘‘Respondents’’): Samsung Electronics; Samsung Electronics America; Samsung SDS America (collectively, ‘‘Samsung’’); Coates US; and Palmer Digital. On July 17, 2023, the Commission granted summary determination that the economic prong of the domestic industry requirement is satisfied as to the Asserted Patents. See Order No. 19 (June 15, 2023), unreviewed by Comm’n Notice (July 17, 2023). The presiding ALJ held an evidentiary hearing on June 26–30, 2023. On August 9, 2023, the Commission terminated the investigation as to the following claims: claims 13, 16, and 18 of the ’595 patent; claims 1, 2, 7, and 16 of the ’322 patent; claims 1–11, 13, 15, 17–19 and 21–23 of the ’287 patent; claims 2–3, 6, 8, 10, 13, 15–18, and 20 of the ’740 patent; and claims 1–5, 7– 9, and 11–15 of the ’142 patent. Order No. 36 (July 11, 2023), unreviewed by Comm’n Notice (August 9, 2023). On September 11, 2023, the Commission affirmed (as to nonterminated claims remaining asserted) an initial determination granting-in-part a motion for summary determination of non-infringement of certain unaccused products. Order No. 21 (June 20, 2023), aff’d by Comm’n Notice (September 11, 2023). On November 13, 2023, the presiding ALJ issued the FID, finding that there has been no violation of section 337 in the importation into the United States, the sale for importation, and/or the sale in the United States after importation of certain outdoor and semi-outdoor electronic displays, products containing same, and components thereof. Specifically, the FID finds: (1) for the ’287 patent, claim 12 is not infringed and is not invalid for obviousness under 35 U.S.C. 103, and Respondents’ nonaccused redesigned products are ripe for adjudication and do not satisfy claim 12; (2) for the ’595 patent, claims 1, 4 and 7 are infringed, claim 8 is not infringed, claim 1 is invalid for anticipation and/or obviousness under 35 U.S.C. 102, 103, and claims 4, 7 and 8 are invalid for obviousness under 35 U.S.C. 103; (3) for the ’322 patent, claims 4 and 5 are infringed, claims 8, 9, 12 and 13 are not infringed, claims 3, 4, 5, and 8 are invalid for anticipation and/or obviousness under 35 U.S.C. 102, 103, and claims 9, 12, and 13 are invalid for lack of written description under 35 U.S.C. 112; (4) for the ’740 patent, claims 1 and 5 are infringed and claims 1 and 5 are invalid for obviousness under 35 U.S.C. 103; and PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 15897 (5) for the ’142 patent, claims 6 and 10 are infringed and claims 6 and 10 are invalid for obviousness under 35 U.S.C. 103. On November 27, 2023, the presiding ALJ issued a recommended determination (‘‘RD’’) on remedy and bonding. The RD recommends the issuance of a limited exclusion order (‘‘LEO’’) directed to ‘‘outdoor and semioutdoor electronic displays, products containing same (housings, enclosures, kiosks, and menu boards), and component[s] thereof (systems for cooling electronic displays),’’ in the event that the Commission finds a violation of section 337. In particular, the RD recommends that the LEO should be directed to all Respondents if there is a finding of violation based, in whole or in part, on the Accused Samsung Mid-Sized Products, but should be directed only to Samsung Electronics, Samsung Electronics America and Samsung SDS America if there is a finding of violation based only on the Accused Samsung Large-Sized Products. Id. at 3–4. The RD also recommends that, if a violation is found, a cease and desist order (‘‘CDO’’) should issue against Samsung Electronics America, but no CDO should issue against Samsung Electronics or Samsung SDS America. Id. at 7–8. In addition, the RD recommends that, if the Commission finds a violation based on the Accused Mid-Sized Products, a CDO should issue against Coates US and Palmer Digital. Id. at 8–9. The RD further recommends that a bond of 2.25 percent be set for any importations of infringing products during the period of Presidential review. Id. at 11–12. On November 27, 2023, MRI filed a petition for review of several of the FID’s findings. Specifically, MRI seeks review of the FID’s findings that: (1) the Accused Samsung Mid-Sized and LargeSized Products do not infringe the asserted claim of the ’287 Patent; (2) Samsung’s redesign products were ripe for adjudication; and (3) certain claims of the ’595, ’322, ’740, and ’142 patents are invalid as anticipated and/or obvious. Also on November 27, 2023, Respondents filed a contingent petition for review of certain of the FID’s findings. Specifically, Respondents seek contingent review the FID’s findings that: (1) the Asserted Patents are not invalid due to incorrect inventorship and/or unenforceable due to inequitable conduct; (2) claims 1, 4 and 7 of the ’595 Patent and/or claims 4 and 5 of the ’322 patent are infringed; and (3) claim 12 of the ’287 patent is not invalid. Respondents also seek review of E:\FR\FM\05MRN1.SGM 05MRN1 15898 Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices additional non-infringement bases for claims 9, 12, or 13 of the ’322 patent. On December 5, 2023, the parties filed their respective responses to the petitions for review. On December 27, 2023, MRI filed a statement on the public interest pursuant to Commission Rule 210.50(a)(4), 19 CFR. 210.50(a)(4). Respondents did not file a submission pursuant to Commission Rule 210.50(a)(4). No responses were received in response to the Commission’s post-RD notice seeking public interest submissions. 88 FR 84360–61 (Dec. 5, 2023). The Commission has determined not to review the subject FID. The Commission notes, however, that the FID, in analyzing whether claim 4 of the ’322 patent is rendered obvious by the combination of certain prior art references, states several times that ‘‘MRI has shown by clear and convincing evidence’’ that each of the eight elements of claim 4 is disclosed by the prior art. See FID, at 213, 214, 215 and 216. The FID clearly meant that for each element, ‘‘Respondents have shown by clear and convincing evidence. . . .’’ This aspect of the FID is accordingly clarified. The investigation is terminated with a finding of no violation of section 337. The Commission vote for this determination took place on February 28, 2024. 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: February 28, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–04567 Filed 3–4–24; 8:45 am] BILLING CODE 7020–02–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA–2024–019] lotter on DSK11XQN23PROD with NOTICES1 Agency Information Collection Activities: Submission for OMB Review; Comment Request National Archives and Records Administration (NARA). ACTION: Notice. AGENCY: NARA has submitted to OMB for approval the information collection described in this notice. We invite you SUMMARY: VerDate Sep<11>2014 16:50 Mar 04, 2024 Jkt 262001 to comment on this information collection. OMB must receive written comments on or before April 4, 2024. ADDRESSES: Send any comments and recommendations on the proposed information collection in writing to www.reginfo.gov/public/do/PRAMain. You can find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. DATES: FOR FURTHER INFORMATION CONTACT: Tamee Fechhelm, Paperwork Reduction Act Officer, by email at tamee.fechhelm@nara.gov or by telephone at 301.837.1694 with any requests for additional information. SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13), we invite the public and other Federal agencies to comment on proposed information collections. We published a notice of proposed collection for this information collection on December 8, 2023 (88 FR 85659) and we received no comments. We are therefore submitting the described information collection to OMB for approval. If you have comments or suggestions, they should address one or more of the following points: (a) Whether the proposed information collection is necessary for NARA to properly perform its functions; (b) our estimate of the burden of the proposed information collection and its accuracy; (c) ways we could enhance the quality, utility, and clarity of the information we collect; (d) ways we could minimize the burden on respondents of collecting the information, including through information technology; and (e) whether this collection affects small businesses. In this notice, we solicit comments concerning the following information collection: Title: Request Pertaining to Military Records. OMB Number: 3095–0029. Agency Form Numbers: SF 180 and NA Form 13176; online form in eVetRecs is an electronic equivalent to the SF 180. Type of Review: Regular. Affected Public: Individuals who request access to military records, military medical records, and medical records of military dependents. Estimated Number of Respondents: 871,294. Estimated Time per Response: 5 minutes. Frequency of Response: On occasion (when an individual wishes to request PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 information from military records, military medical records, or medical records of military dependents). Estimated Total Annual Burden Hours: 72,607 hours. Abstract: The general purpose of this voluntary data collection is to determine what is being requested, where records are located, what information is releasable, and where to send the response. When third parties submit requests, the information collected and provided serves as records of disclosure, which are required by the Privacy Act. The information collected via the SF 180 and eVetRecs is vital to our National Personnel Records Center, which stores and handles these records. We need this information to locate and release information from requested records. It also significantly improves our ability to provide timely and accurate information to requesters. Sheena Burrell, Executive for Information Services/CIO. [FR Doc. 2024–04595 Filed 3–4–24; 8:45 am] BILLING CODE 7515–01–P NATIONAL SCIENCE FOUNDATION Sunshine Act Meetings The National Science Board’s (NSB) Committee on Oversight 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. Thursday, March 7, 2024, from 10:30–11:30 a.m. EST. TIME AND DATE: This meeting will be held by videoconference through the National Science Foundation. PLACE: STATUS: Open. The agenda of the meeting is: Committee Chair’s opening remarks; Office of the Inspector General presentation on investigating research misconduct by recipients of NSF funding; Office of the Inspector General presentation regarding the independent auditor’s report of NSF’s FY2023 Financial Statement; and Chief Financial Officer highlights of quarterly report. MATTERS TO BE CONSIDERED: 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 is: E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Notices]
[Pages 15896-15898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04567]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1331]


Certain Outdoor and Semi-Outdoor Electronic Displays, Products 
Containing Same, and Components Thereof; Notice of a Commission 
Determination Not To Review a Final Initial Determination Finding No 
Violation of Section 337; Termination of the Investigation

AGENCY: 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'') final initial determination (``FID'') finding no 
violation of section 337 of the Tariff Act of 1930, as amended. The 
investigation is terminated with a finding of no violation.

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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation

[[Page 15897]]

on September 23, 2022, based on a complaint filed on behalf of 
Manufacturing Resources International, Inc. (``MRI'') of Alpharetta, 
Georgia. 87 FR 58132-33 (Sept. 23, 2022). The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), based on the importation into the United 
States, the sale for importation, or the sale within the United States 
after importation of certain outdoor and semi-outdoor electronic 
displays, products containing same, and components thereof with respect 
to certain claims of U.S. Patent Nos. 8,854,595 (``the '595 patent''); 
9,173,322 (``the '322 patent''); 9,629,287 (``the '287 patent''); 
10,506,740 (``the '740 patent''); and 11,013,142 (``the '142 patent'') 
(collectively, the ``Asserted Patents''). The complaint further alleges 
that a domestic industry exists.
    The Commission's notice of investigation (``NOI'') names seven (7) 
respondents, including: (1) Samsung Electronics Co., Ltd. (``Samsung 
Electronics'') of Gyeonggi-do, Republic of Korea; (2) Samsung SDS Co. 
Ltd. of Seoul, Republic of Korea; (3) Samsung SDS America, Inc. 
(``Samsung SDS America'') and Samsung Electronics America, Inc. 
(``Samsung Electronics America''), both of Ridgefield Park, New Jersey; 
(4) Coates Visual LLC (``Coates Visual'') of Chicago, Illinois; (5) 
Coates Signco Pty Limited of Sydney, Australia; and (6) Industrial 
Enclosure Corporation d/b/a Palmer Digital Group (``Palmer Digital'') 
of Aurora, Illinois. The Office of Unfair Import Investigations is not 
participating in the investigation.
    On November 10, 2022, the Commission terminated this investigation 
as to respondent Coates Visual and amended the complaint and NOI to add 
Coates US Inc. of Chicago, Illinois (``Coates US'') as a respondent. 
Order No. 6 (Oct. 24, 2022), unreviewed by Comm'n Notice (Nov. 10, 
2022).
    The presiding ALJ held a Markman hearing on March 1, 2023. On May 
15, 2023, the ALJ issued a Markman order construing certain disputed 
claim terms. Order No. 13 (May 15, 2023).
    On June 5, 2023, the Commission terminated this investigation as to 
respondents Samsung SDS Co. Ltd. and Coates Signco Pty Limited. Order 
Nos. 10-11 (May 4, 2023), unreviewed by Comm'n Notice (June 5, 2023). 
Order Nos. 10-11, issued on May 4, 2023, terminated only two 
respondents: Samsung SDS Co. Ltd. and Coates Signco Pty Limited. The 
Commission's related notice, issued June 5, 2023, inadvertently 
terminated two additional respondents: Samsung SDS America, Inc. and 
Coates US Inc. This notice corrects that error.
    Five respondents remain in the investigation (hereinafter, 
``Respondents''): Samsung Electronics; Samsung Electronics America; 
Samsung SDS America (collectively, ``Samsung''); Coates US; and Palmer 
Digital.
    On July 17, 2023, the Commission granted summary determination that 
the economic prong of the domestic industry requirement is satisfied as 
to the Asserted Patents. See Order No. 19 (June 15, 2023), unreviewed 
by Comm'n Notice (July 17, 2023).
    The presiding ALJ held an evidentiary hearing on June 26-30, 2023.
    On August 9, 2023, the Commission terminated the investigation as 
to the following claims: claims 13, 16, and 18 of the '595 patent; 
claims 1, 2, 7, and 16 of the '322 patent; claims 1-11, 13, 15, 17-19 
and 21-23 of the '287 patent; claims 2-3, 6, 8, 10, 13, 15-18, and 20 
of the '740 patent; and claims 1-5, 7-9, and 11-15 of the '142 patent. 
Order No. 36 (July 11, 2023), unreviewed by Comm'n Notice (August 9, 
2023).
    On September 11, 2023, the Commission affirmed (as to non-
terminated claims remaining asserted) an initial determination 
granting-in-part a motion for summary determination of non-infringement 
of certain unaccused products. Order No. 21 (June 20, 2023), aff'd by 
Comm'n Notice (September 11, 2023).
    On November 13, 2023, the presiding ALJ issued the FID, finding 
that there has been no violation of section 337 in the importation into 
the United States, the sale for importation, and/or the sale in the 
United States after importation of certain outdoor and semi-outdoor 
electronic displays, products containing same, and components thereof. 
Specifically, the FID finds: (1) for the '287 patent, claim 12 is not 
infringed and is not invalid for obviousness under 35 U.S.C. 103, and 
Respondents' non-accused redesigned products are ripe for adjudication 
and do not satisfy claim 12; (2) for the '595 patent, claims 1, 4 and 7 
are infringed, claim 8 is not infringed, claim 1 is invalid for 
anticipation and/or obviousness under 35 U.S.C. 102, 103, and claims 4, 
7 and 8 are invalid for obviousness under 35 U.S.C. 103; (3) for the 
'322 patent, claims 4 and 5 are infringed, claims 8, 9, 12 and 13 are 
not infringed, claims 3, 4, 5, and 8 are invalid for anticipation and/
or obviousness under 35 U.S.C. 102, 103, and claims 9, 12, and 13 are 
invalid for lack of written description under 35 U.S.C. 112; (4) for 
the '740 patent, claims 1 and 5 are infringed and claims 1 and 5 are 
invalid for obviousness under 35 U.S.C. 103; and (5) for the '142 
patent, claims 6 and 10 are infringed and claims 6 and 10 are invalid 
for obviousness under 35 U.S.C. 103.
    On November 27, 2023, the presiding ALJ issued a recommended 
determination (``RD'') on remedy and bonding. The RD recommends the 
issuance of a limited exclusion order (``LEO'') directed to ``outdoor 
and semi-outdoor electronic displays, products containing same 
(housings, enclosures, kiosks, and menu boards), and component[s] 
thereof (systems for cooling electronic displays),'' in the event that 
the Commission finds a violation of section 337. In particular, the RD 
recommends that the LEO should be directed to all Respondents if there 
is a finding of violation based, in whole or in part, on the Accused 
Samsung Mid-Sized Products, but should be directed only to Samsung 
Electronics, Samsung Electronics America and Samsung SDS America if 
there is a finding of violation based only on the Accused Samsung 
Large-Sized Products. Id. at 3-4. The RD also recommends that, if a 
violation is found, a cease and desist order (``CDO'') should issue 
against Samsung Electronics America, but no CDO should issue against 
Samsung Electronics or Samsung SDS America. Id. at 7-8. In addition, 
the RD recommends that, if the Commission finds a violation based on 
the Accused Mid-Sized Products, a CDO should issue against Coates US 
and Palmer Digital. Id. at 8-9. The RD further recommends that a bond 
of 2.25 percent be set for any importations of infringing products 
during the period of Presidential review. Id. at 11-12.
    On November 27, 2023, MRI filed a petition for review of several of 
the FID's findings. Specifically, MRI seeks review of the FID's 
findings that: (1) the Accused Samsung Mid-Sized and Large-Sized 
Products do not infringe the asserted claim of the '287 Patent; (2) 
Samsung's redesign products were ripe for adjudication; and (3) certain 
claims of the '595, '322, '740, and '142 patents are invalid as 
anticipated and/or obvious.
    Also on November 27, 2023, Respondents filed a contingent petition 
for review of certain of the FID's findings. Specifically, Respondents 
seek contingent review the FID's findings that: (1) the Asserted 
Patents are not invalid due to incorrect inventorship and/or 
unenforceable due to inequitable conduct; (2) claims 1, 4 and 7 of the 
'595 Patent and/or claims 4 and 5 of the '322 patent are infringed; and 
(3) claim 12 of the '287 patent is not invalid. Respondents also seek 
review of

[[Page 15898]]

additional non-infringement bases for claims 9, 12, or 13 of the '322 
patent.
    On December 5, 2023, the parties filed their respective responses 
to the petitions for review.
    On December 27, 2023, MRI filed a statement on the public interest 
pursuant to Commission Rule 210.50(a)(4), 19 CFR. 210.50(a)(4). 
Respondents did not file a submission pursuant to Commission Rule 
210.50(a)(4). No responses were received in response to the 
Commission's post-RD notice seeking public interest submissions. 88 FR 
84360-61 (Dec. 5, 2023).
    The Commission has determined not to review the subject FID. The 
Commission notes, however, that the FID, in analyzing whether claim 4 
of the '322 patent is rendered obvious by the combination of certain 
prior art references, states several times that ``MRI has shown by 
clear and convincing evidence'' that each of the eight elements of 
claim 4 is disclosed by the prior art. See FID, at 213, 214, 215 and 
216. The FID clearly meant that for each element, ``Respondents have 
shown by clear and convincing evidence. . . .'' This aspect of the FID 
is accordingly clarified.
    The investigation is terminated with a finding of no violation of 
section 337.
    The Commission vote for this determination took place on February 
28, 2024.
    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: February 28, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-04567 Filed 3-4-24; 8:45 am]
BILLING CODE 7020-02-P

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